INTERNATIONAL CONVENTION
FOR THE SUPPRESSION OF THE FINANCING OF TERRORISM
Preamble.
The States Parties To This Convention,
Bearing In Mind the purposes and principles of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighbourliness and friendly relations and cooperation among States,
Deeply Concerned about the worldwide escalation of acts of terrorism in all its forms and manifestations,
Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations, contained in General Assembly resolution 50/6 of 24 October 1995,
Recalling Also all the relevant General Assembly resolutions on the matter, including resolution 49/60 of 9 December 1994 and its annex on the Declaration on Measures to Eliminate International Terrorism, in which the States Members of the United Nations solemnly inequivocal of their unequivocal condemnation of all acts, methods, and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize the friendly relations among States and peoples and threaten the territorial integrity and security of States.
Noting that the Declaration on Measures to Eliminate International Terrorism also encouraged States to review urgently the scope of the existing international legal provisions on the prevention, repression and elimination of terrorism in all forms and Manifestations, with the aim of ses that there is a comprehensive legal framework covering all aspects of the matter.
Recalling General Assembly resolution 51/210 of 17 December 1996, paragraph 3, subparagraph (f), in which the Assembly called upon all States to take steps to prevent and counteract, through appropriate domestic measures, the financing of terrorists and others. terrorist organizations, whether such financing is direct or indirect through organizations which also have or claim to have charitable, social or cultural goals or which are also engaged in illegal activities such as illicit arms trafficking, drug trafficking, and other organizations. dealing and racketeering, including the exploitation of persons for purposes of funding terrorist activities, and in particular to consider, where appropriate, adopting regulatory measures to prevent and counteract movements of funds suspected to be intended for terrorist purposes without impeding in any way the freedom of legitimate capital movements and to intensify the exchange of information concerning international movements of such funds.
Recalling Also General Assembly resolution 52/165 of 15 December 1997, in which the Assembly called upon States to consider, in particular, the implementation of the measures set out in paragraph 3 (a) to (f) of its resolution 51/210 of 17 December 1996.
Recalling Futher General Assembly resolution 53/108 of 8 December 1998, in which the Assembly decided that the Ad Hoc Committee established by General Assembly resolution 51/210 of 17 December 1996 should elaborate a draft international convention for the suppression of terrorist financing to supplement related existing international instruments.
Considering that the financing of terrorism is a manner of grave concern to the international community as a whole.
Noting that the number and seriousness of acts of international terrorism depend on the financing that terrorists may obtain.
Noting Also that existing multilateral legal instruments do not expressly address such financing.
Being Convinced of the urgent need to enhance international cooperation among States in devising and adopting effective measures for the prevention of the financing of terrorism, as well as for its suppression through the prosecution and punishment of its the perpetrators,
Have Agreed As Follows:
Article 1
For the purposes of this Convention:
., 1. "Funds" means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travelers cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit.
., 2. "A State or governmental facility" means any permanent or temporary facility or conveyance that is used or occupied by representatives of a state, members of government, the legislature or the judiciary or by officials or officials of an entity. The intergovernmental organization in connection with their official duties.
., 3. "Proceeds" means any funds derived from or obtained, directly, or else, through the commission of an example set forth in Article 2.
Article 2
., 1. Any person commits an air within the meaning of this Convention if that person by any means, directly or else, unlawfully and wilfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out:
.,
.,,, (a) An act which places an air within the scope of and as defined in once of the treaties listed in the annex; or
.,, (b) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to the cause of death or death. " A population, or to compel a government or an international organization to do or to abstain from doing any act.
., 2. (a) On depositing its instruments of ratification, acceptance, approval, or accession, a State Party which is not a party to a treaty listed in the annex may declare that, in the application of this Convention to the State Party, the treaty shall be deemed not to be included in the annex referred to in paragraph 1, subparagraph (a). The declaration shall cease to have effects as soon as the treaty enters into force for the State Party, which shall notify the depositary of this fact;
.,, (b) When a State Party ceases to be a party to a treaty listed in the annex, it may make a declaration as provided for in this Article with respect to that treaty.
., 3. For an act to constitute an act set forth in paragraph 1, it shall not be necessary that the funds were actually used to carry out an event referred to in paragraph 1, subparagraph (a) or (b).
., 4. Any person also commits an error if that person attempts to commit an individual person as set forth in paragraph 1 of this Article.
5. Any person also commits an accuracy if that person:
.,
.,, (a) Participates as an accomplice in an insert as set forth in paragraph 1 or 4 of this Article;
.,, (b) Organizes or directs others to commit an individual ness as set forth in paragraph 1 or 4 of this Article;
.,, (c) Contributes to the commission of one or more offences as set forth in paragraph 1 or 4 of this Article by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
.,
.,, (1) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an air force as set forth in paragraph 1 of this Article; or
.,,, (2) Be made in the knowledge of the intention of he group to commit an individual betrayal as set forth in paragraph 1 of this Article.
Article 3
This Convention shall not apply where the law is committed within a single State, the alleged offender is a national of that State and is present in the territory of that State and no other State ha a base under Article 7, paragraph 1, or Article 7, paragraph 2, to exercise jurisdiction in those cases.
Article 4
Each State Party shall adopt such measures as may be necessary:
.,,, (a) To establish as criminal offences under its domestic law the offences set forth in Article 2;
.,,,, (b) To make those offences punted by appropriate penalties which take into account the grave nature of the offences.
Article 5
., 1. Each State Party in accordance with its domestic legal principles, shall take the necessary measures to enable a legal entity located in its territory or organized under its laws to be held liable when a person responsible for the management or control of that legal entity has, in that capacity, committed an entity set forth in Article 2. Such liability may be criminal, civil or administrative.
., 2. Such a liability, without prejudice to the criminal liability of individuals having committed the offences.
., 3. Each State Party shall ensure, in particular that legal entities are liable in accordance with paragraph 1 above are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. Such sanctions may include monetary sanctions.
Article 6
Any State Party shall adopt such measures as may be necessary including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justifiable by the considerations of a political entity, philosophical, ideological, racial, ethnic, religious, and other similar nature.
Article 7
., 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 2 when:
.,, (a) The role is committed in the territory of that State;
.,,, (b) The vessel is committed ob board a vessel flying the flag of the State or an aircraft registered under the laws the State at the time the air is committed;
(c) The arid is committed by a national of that State.
., 2. A State Party may also establish its jurisdiction over any such as when:
.,
.,, (a) The subject was directed towards or resulted in the carrying out of an entity referred to in Article 2, paragraph 1, subparagraph (a) or (a) or (b), in the territory of or against a national of that State;
.,, (b) The subject was directed towards or resulted in the carrying out of an entity referred to in Article 2, paragraph 1, subparagraph (a) or (b), against a State or government facility of that State abroad, including diplomatic or consular services The premises of that State;
.,, (c) The in-law was directed towards or resulted in an event referred to in Article 2, paragraph 1, subsection 1, subparagraph (a) or (b), committed in an attempt to compel that State to do or abstain from doing any act;
.,,, (d) The woman is committed by a stateless person who has his or her habitual residence in the territory of that State;
.,,, (e) The arid is committed on board an aircraft which is operated by government of that State.
., 3. Upon ratifying, accepting, approving, acceding to this Convention, each State Party shall notify the Secretary General of the United Nations of the jurisdiction it has established in accordance with paragraph 2. Should any change take place, the State Party concerned shall immediately notify the Secretary-General.
., 4. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of The States Parties that have established their jurisdiction in accordance with paragraphs 1 or 2.
. .5. When more than one State Party claims jurisdiction over the offences set forth in Article 2, the relevant States Parties shall strive to coordinate their actions appropriately, in particular concerning the conditions for prosecution ant the modalities For mutual legal assistance.
., 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 8
., 1. Each State Party shall take appropriate measures, in accordance with its domestic legal principles, for the identification, detection, or freezing or seizure of any funds used or allocated for the purpose of committing the offences set forth in Article 2. as well as the proceeds derived from such offences, for purposes of possible forfeiture.
., 2. Each State Party shall take appropriate measures, in accordance with its domestic legal principles, for the forfeiture of funds used or allocated for the purpose of committing the offences set forth in Article 2 ant the proceeds derived from such a The offences
., 3. Each State Party concerned may give consideration to concluding agreements on the sharing with other States Parties, on the regular or case by case basis, of the funds derived from forfeiture referred to in this Article.
., 4. Any State Party shall consider establishing mechanisms of the funds derived from the funds derived from the victims of offences referred to in to Article 2, paragraph 1, subparagraph (a) or (b), or their Families.
. .5. The provisions of this Article shall be implemented without prejudice to the rights of third parties acting in good faith.
Article 9
., 1. Upon receiving information that a person who has committed or who is alleged to have committed an account as set forth in Article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic rights law to investigate the facts contained in the information.
., 2. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of A prosecution.
., 3. Any person regarding whom the measures referred to in paragraph 2 are being taken shall be entitled to:
.,
.,, (a) Communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateless person, the State in the territory of which that person habitually resides;
(b) Be visited by a representative of that State;
(c) Be informed of that person's rights under subparagraph (a) and (b).
., 4. The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.
. .5. The provisions of paragraph 3 and 4 shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with Article 7, paragraph 1, subparagraph (b), or paragraph 2 subparagraph (b), to invite the International The Committee of the Red Cross to communicate with and visit the alleged offender.
., 6. When A State Party pursuant to the present Article, has taken a person into custody, it shall immediately notify directly, directly or through the Secretary General of the United Nations, the States Parties which have established jurisdiction in accordance with Article 7, paragraph 1 or 2, and, if it considers it advisable, any other interested States Parties, of the fact that such person is in custody and of the circumstances which warrant that person's detention. The States which makes the investigation contemplated in paragraph 1 shall promptly inform the said States Parties of its finding and shall determine whether it intends to exercise jurisdiction.
Article 10
., 1. The State Party in the territory of which the alleged offender is present shall, in cases to which Article 7 applies, if it does no extradite that person, be committed, without exception whatsoever and whether or not the dead was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other law of a grave nature under the law of that State.
., 2. Whenever a State Party is legal under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the sentence imposed as a result of the trial or proceeding for which the death or surrender of the person was sought, and this State and the State seeking the law of the person agree with this option and other terms they may deem appropriate, such a conditional upon which the person may be appropriate, such a conditional upon which is expected shall be able to discharge the obligations set forth in paragraph 1.
Article 11
., 1. The offences set forth in Article 2 shall be deemed to be included as extraditable offences in any matter treaty existing between any of the States Parties before the entry into force of this Convention. States parties undertakes to include such offences as extraditable offences in every treaty of treaty to be seen between them.
., 2. When the State Party which makes itself conditional on the existence of a treaty receives a request for death from another State Party with which it has no longer treaty, the requested State Party may, at its option, Convention as a legal basis for subjects in respect of the offences set forth in Article 2. Extradition shall be subject to the other conditions provided by the law of the requested State.
., 3. States Parties which do not make public conditional on the existence of treaty shall recognize the offences set forth in Article 2 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.
., 4. If necessary, the offences set forth in Article 2 shall be treated, for the purposes of being committed between States Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the States that have Jurisdiction in accordance with Article 7, paragraph 1 and 2.
. .5. The provisions of all possible terms and arrangements between States Parties with regard to offences set forth in Article 2 shall be deemed to be modified as between States Parties to the extent that they are deemed to be seen with this Convention.
Article 12
., 1. States Parties shall afford one another the greatest measures of assistance in connection with criminal investigations or criminal proceedings in respect of the offences set forth in Article 2, including assistance in obtaining evidence in the proceedings. their possession necessary for the proceedings.
., 2. States Parties may not refuse a request for mutual legal assistance on the ground of back secrecy.
., 3. The requested Party shall not transmit nor use information or evidence furnished by the requested party for investigation, prosecutions or proceedings other than those stated in the request without the prior consent of the requested party.
., 4. Each State Party may give consideration to establishing mechanisms to share with other States Parties information or evidence needed to establish criminal, civil or administrative liability pursuant to Article 5. States Parties shall carry out their obligations under paragraph 1 and 2 in conformity with any treaties or other arrangements on mutual legal assistance or information exchange that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law.
Article 13
None of the offences set forth in Article 2 shall be regarded, for the purposes of treating or mutual legal assistance, as a fiscal year.
A., States Parties may not refuse a request for example or for mutual legal assistance on the sole ground that it concerns a fiscal year.
Article 14
None of the offences set forth in Article 2 shall be regarded, for the purposes of meeting or mutual legal assistance as a political strategy or as an international political action or as an inspired by political motives. ♪ A request for death or for mutual legal assistance based on such an ♪ ♪ may not be refused on the sole ground that it concerns a political ♪ The motives.
Article 15
Nothing in this Convention shall be interpreted as being interpreted as legal obligations to extradite or to afford mutual legal assistance, if the requested State Party has substantial grounds for believing that the request for offences for offences set forth in the law. Article 2 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person's position for any of these reasons.
Article 16
., 1. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the cause of the law. investigation or prosecution of offences set forth in Article 2 may be transferred if the following conditions are met:
.,, (a) The person freely gives his or her informed consent;
.,,, (b) The competent authorities of both States agree, subject to such conditions as those States may deem appropriate.
2. For the purposes of the present article:
.,
.,, (a) The State to which the person is transferred shall have the authority and obligations to keep the person transferred in custody, unless otherwise requested or authorized by the State from which the person was transferred;
.,,, (b) The State to which the person is transferred shall without delay implement its obligations to return the person to the custody of the State from which the person was transferred as agreed beforehand or as otherwise agreed, by the competent Authorities of the United States;
.,, (c) The State to which the person is transferred shall not require the State from which the person was transferred to initiate compliance proceedings for the return of the person;
.,,, (d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State to which he or she was transferred.
., 3. Unless the State Party from which a person is to be transferred in accordance with the present Article So agrees, that person, whatever his or her nationality, shall not be prosecuted or detained or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts or convictions anterior to his or her departure from the territory of the state from which such person was transferred.
Article 17
Any person who is taken into custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including having an off all rights and guarantees in conformity with the law of the state in the territory of which that person in present and renewal provisions of international law, including international human rights law.
Article 18
., 1. States Parties shall cooperate in the prevention of the offences set forth in Article 2 by taking all practicable measures, inter alia, by adapting their domestic legislation, if necessary, to prevent and counter preparations in their respective measures. the territories for the commission of those offences within or outside their territories, including:
.,
.,, (a) Measures to prohibit in their territories illegal activities of persons and organizations that prohibit, instilgate, organize or engage in the commission of offences set forth in Article 2;
.,, (b) Measures requiring financial institutions and other professions involved in financial transactions to utilize the most efficient measures available for the identification of their usual or occasional customers, as well as customers in whose interest accounts are opened, and to pay special attention to unusual or suspicious transactions and report transactions suspected of stemming from a criminal activity. For this purpose, States Parties shall consider:
.,
.,, (i) Adopting regulations prohibiting the opening of accounts the holders or beneficiaries of which are unidentified or unidentifiable, and measures to ensure that such institutions verify the identity of the real owners of such transactions;
.,, (ii) With respect to the identification of legal entities, requiring financial institutions, when necessary, to take measures to verify the legal existence and the structure of the customer by obtaining, either from a public register or from the Customer's name, legal form, address, directors, and provisions
.,, (iii) Adopting regulations of the law on financial institutions the obligation to report promptly to the competent authorities all complex, unusual large transactions and unusual patterns of transactions, which have no apparent economic or apparent defects. lawful purpose, without fear of criminal criminal or civil liability for breach of any restriction on disclosure of information if they report their suspicious in good faith;
.,, (iv) Requiring financial institutions to maintain, for at least five years, all necessary records on transactions, both domestic or international.
., 2. States Parties shall further cooperate in the prevention of offences set forth in Article 2 by considering:
.,
.,, (a) Measures for the supervision, including, for example, the licensing, for all money transmission agencies;
.,, (b) Feasible measures to detect or monitor the physical cross-border transportation of cash and bearer negotiable instruments, subject to strict safeguards to ensure proper use of information and without impeding in any way the freedom of capital Movements.
., 3. State Parties shall further cooperate in the prevention of the offences set forth in Article 2 by exchanging accurate and verified information in accordance with their domestic law and coordinating administrative and other measures taken, as appropriate, as appropriate. to prevent the commission of offences set forth in Article 2, in particular by:
.,
.,, (a) Establishing and culled channels of communication between their competent agencies and services to facilitate the secure and rapid exchange of information concerning all aspects of offences set forth in Article 2;
.,, (b) Cooperating with one another in conducting inquiries, with respect to the offences set forth in Article 2, concerning:
.,
.,,, (i) The identity, whereabouts and activities of persons in respect of whom reasonable suspicion exists that they are involved in such offences;
(ii) The movement of funds relating to the commission of such offences.
., 4. States Parties may exchange information through the International Criminal Police Organization (Interpol).
Article 19
The State Party where the alleged offender is prosecuted shall, in accordance with its domestic law or renewable procedures, communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the law. information to the other States Parties.
Article 20
The States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.
Article 21
Nothing in this Convention shall affect other rights, obligations and responsibilities of States and individuals under international law, in particular the purposes of the Charter of the United Nations, international humanitarian law, and other relevant The conventions.
Article 22
Nothing in this Convention entitles a State Party to undertake in the territory of another State Party the exercise of jurisdiction or performance of functions which are exclusively reserved for the authorities of that other State Party by its domestic law.
Article 23
1. The annex may be amended by the addition of relevant treaties that:
.,, (a) Are open to the participation of all States;
(b) Have entered into force;
.,, (c) Have been accepted, accepted, approved or acceded to by at least twenty-two States Parties to the present Convention.
., 2. After the entry into force of this Convention, any State Party may propose such an amendment. Any proposal for an amendment shall be regulated to the depository in written form. The depository shall notify proposals that meet the requirements of paragraph 1 to all States Parties and seek their views on whether the proposed amendments should be adopted.
., 3. The proposed amendment shall be deemed to be adopted unless one third of the States Parties objects to it by a written notification not later than 180 days after its circulation.
., 4. The adopted amendment to the annex shall enter into force 30 days after the deposit of the twenty-second instruments of ratification, acceptance, or approval of such amendment for all those States Parties having deposited such an instrument. For each State Party ratifying, accepting or approving the amendment after the deposit of the twenty-second instrument, the amendment shall enter into force on the thirtieth day after deposit by such State Party of its instrument of ratification, Acceptance, or approval.
Article 24
., 1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through either within a reasonable time shall, at the request of one of them, be added to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court.
., 2. Each State may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1. The other State Parties shall not be bound by paragraph 1 with respect to any State Party which has made such a reservation.
., 3. Any State which has made a reservation in accordance with paragraph 2 may at any time withdraw that reservation by notification 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 United Nations Headquarters in New York.
., 2. This Convention is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
., 3. This Convention shall be open to accession by any state. The instrument 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 following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.
., 2. For each State ratifying, accepting, approving or acceding to this 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 date of deposit by such state of its instrument of ratification, acceptance, approval or accession.
Article 27
., 1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.
., 2. Denunciation shall take effect one year following the date on which notification is 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 equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies of the words to all States.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at United Nations Headquarters in New York on 10 January 2000.
Annex.
., 1. Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970.
., 2. The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, performed at Montreal on 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 1973.
., 4. International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979.
. .5. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.
., 6. Protocol for the Suppression of Lawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety or Civil Aviation, done at Montreal on 24 February 1988.
., 7. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.
., 8. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on 10 March 1988.
., 9. International Convention for the Suppression of Terrorist Bombing, adopted by General Assembly of the United Nations on 15 December 1997.
INTERNATIONAL CONVENTION
THE ERADICATION OF TERRORISM FUNDING
Mukadimah
The States of the Parties to this Convention,
Given the aims and principles of the United Nations Charter on the maintenance of international peace and security and the improvement of the neighbored and friendly relations and cooperation among the Countries,
Paying close attention to the increasing acts of terrorism that world in all its forms and manifestations,
Given the 50-year anniversary declaration of the United Nations contained in General Assembly Resolution 50/6 of 24 October 1995,
In view of all General Assembly resolutions relating to the issue, including resolution 49/60 dated 9 December 1994 and its annexations on the Declaration on Efforts in order to Remove International Terrorism, in the where the United Nations member states affirm their condemnation in earnest on all acts, methods and practices of terrorism as evil and unjinable, wherever and by anyone done, including those that undermine friendly relations among the Countries and the people and threaten the territorial integrity and security of the States,
Noting that the Declaration on Efforts To Eliminate International Terrorism also encourages the States to review immediately the scope of existing international legal provisions regarding prevention, suppression and elimination. terrorism in all its forms and manifestations, with the aim of guaranking a comprehensive legal framework that includes all aspects of its problems,
Given Article 3 (f) of the United Nations General Assembly Resolution 51/210 on 17 December 1996, in which the General Assembly appealed to all States to take steps to prevent and ward, through actions in the United Nations. A country that is justified, funding terrorist and terrorist organizations, whether such funding is directly or indirectly through organizations that have or are self-declared to charity, social, and charitable activities, and are committed to the purpose of the organization. culture or organizations that are also involved in actions against laws such as the black arms trade network, drug dealing and money embezzlement, including the exploitation of people with the purpose of funding terrorist activities, and especially considering, if deemed necessary, set out Laws to prevent and ward suspected movements of funds are being used for terrorist purposes without obstructing the freedom of legitimate capital movements by law and to intensify. exchange information on international movements The funds,
In view of the General Assembly Resolution 52/165 on 15 December 1997, in which the General Assembly appealed to the States to consider, meticulously, the application of such acts as set forth in paragraph 3 (a) to the (f) General Assembly resolution 51/210 of the 17 December 1996,
In view of the General Assembly Resolution 53/108 on 8 December 1998, in which the General Assembly decided that the Ad Hoc Committee, which was formed under the General Assembly resolution 51/210 on 17 December 1996, had to make a convention design. international about the eradication of terrorism funding, to complement existing international instruments associated with the existing one,
Weighing in that terrorist funding is a serious problem for the international community as a whole,
Paying attention that the amount and seriousness of international terrorism measures depends on the funding obtained by the terrorists,
Paying attention also that existing multilateral legal instruments are not expressly set out on such funding,
It believes in urgent interests to increase international cooperation between countries in planning and taking effective measures to prevent the funding of terrorism, as against its eradication through the the prosecution and punishment process against the perpetrators,
Has agreed as follows:
Section 1
For the purposes of this Convention:
., 1. "Dana" means a wide range of assets, both tangible and intangible, moving and non-moving, obtained, and legal instruments in any form, including in electronic form or in any form. digital, which becomes evidence of, or interest, such assets, including, but not limited to, bank credits, travel checks, bank checks, wesel posts, stocks, security, bonds, draft and debt recognition letters.
., 2. "State facilities or government facilities" means facilities or vehicles either permanent or temporary that are used or occupied by representatives of the State, members of the Government, the Legislative and judicial members or by the Officials or officials of a State or any other official or public entity or by the officers or officials of an international organization in relation to their official duties.
., 3. "The result of wealth" means any funds that are derived from or obtained, direct or indirect, through the works of the crime as specified in Article 2.
Section 2
., 1. Any person commits a crime under this Convention if the person is by any means, directly or indirectly, unlawfully by law and intentionally, providing or raising funds with the intent that such funds will be used or in the knowledge that such funds will be used, in part or entirely, to perform:
.,
.,, a) An action with respect to a crime in scope and as stated in one of the international treaties contained in the annex; or
.,, b) Any other actions intended to lead to death or serious bodily harm to the civilian or to others who do not take part in hostilities in the situation of armed conflict, when the purpose of the action That, according to the nature or context, is to intimidate the population, or to force an international government or organization to do or not to do an act.
., 2. a) At the time of the storage of the attestation instrument, acceptance, approval or accession, the State of the Parties that is not a party to the international agreement contained in the annex may declare, in the case of the application of this Convention by the State such, that such international agreement must be deemed not included in the annex which refers to paragraph 1, sub-verse (a). Such a statement has no more power after the agreement applies to the State of the United States, which must notify the storage body of this fact;
., b) If a State of the Party resigns as a Party in an international agreement contained in the annex, it may make a statement as set forth in this section, with respect to the international agreement. That.
., 3. For an act to be a crime as specified in paragraph 1, it is not necessary that such funds are actually used to commit a crime referring to paragraph 1, sub-verse (a) or (b).
., 4. Every man also commits a crime if the person tries to commit crimes as specified in paragraph 1 of this section.
5. Each person also commits a crime if the person:
.,
., a., a. Participate as a accomplices in a crime as specified in paragraph 1 or 4 of this section;
., b. Organizing or moving other people to commit crimes as specified in paragraph 1 or 4 of this section;
., c. Contribute to the occurrence of one or more crimes as specified in paragraph 1 or 4 of this section of a group of people acting on the same purpose. Such a contribution must be an accident and must also be:
.,
., i. Be done with the purpose of expanding the crime or crime scene of the group, where such activities or purposes result in the occurrence of a crime as specified in paragraph 1 of this section; or
., ii. It is done by the knowledge of the intent of the group to commit crimes as specified in this paragraph.
Section 3
This Convention does not apply if the crime is committed in a State, the culprit is the citizen of the State and is within the territory of the country and no other Country has any reason under Article 7 of paragraph 1 or 2 to enforce its jurisdiction, except that the provisions of Section 12 to Section 18, if appropriate, will apply in such cases.
Section 4
Each party country is required to specify any actions that are deemed necessary:
., a., a. To establish as criminal crimes under his nationality law for the crimes specified in Article 2;
., b. To make these crimes punishable by punishment for the severity of such crimes.
Section 5
., 1. Each Party Country, in accordance with its national legal principles, is required to take the necessary measures to enable a legal entity located within its territory or governed under the laws of the State. to be held accountable if a person is responsible for the arrangement or supervision of such a legal entity, in its capacity, commits a crime as set forth in Article 2. It's a criminal, civil or administrative.
., 2. Such responsibility is subject to no harm to the criminal liability of individuals who have committed such crimes.
., 3. Each party country is required to guarantee, in particular, those legal entities responsible in accordance with paragraph 1 are subject to criminal, civil, or administrative sanctions that are effective, proportionate, and reasonable. Those sanctions can include financial sanctions.
Section 6
Each State of the United States shall be subject to the terms of this Service, as applicable, in accordance with the terms of this Service, including, in the event of a third party, to the extent that the laws of this Convention are not included can be justified by political, philosophical, ideological, racial, ethnic, religious or other things of equal nature.
Section 7
., 1. Any State of the Service shall take measures that may be necessary to enforce its jurisdiction over the crimes as specified in Article 2, if:
., a., a. Such crimes are committed in the region of the State concerned;
., b. The crimes were committed on board the flag of the State concerned or the aircraft was registered under the laws of the State concerned at the time of the crime;
., c. The deed is done by the citizens of the State concerned.
., 2. A Party Country may also apply its jurisdiction to any such action if:
.,
., a., a. Such crimes are addressed to or in effect on the execution of a crime referring to Article 2, paragraph 1, sub-verse (a) or (b), within the territory or against the citizens of the State concerned;
., b. Such crimes are addressed to or in effect on the execution of a crime referring to Article 2 of paragraph 1, sub-verse (a) or (b), against the State facilities or facilities of the country's government abroad, including representation. The country's diplomatic or consular is concerned;
., c. Such crimes are directed against or result in crimes referring to Article 2, paragraph 1, sub-verse (a) or (b), carried out as an attempt to force the State concerned to perform or do not perform an action;
., d. The crimes are committed by non-citizenship who are normally housed within the State of the country;
., e. The crime was carried out on a plane operated by the Government of the State concerned.
., 3. Upon acceptance, acceptance, approval, or accession of this Convention, any State of the Parties shall notify the Secretary General of the United Nations regarding the jurisdiction of the State in accordance with paragraph 2. Then there is a change, the State of the Parties is obliged to immediately notify the Secretary General of the United Nations.
., 4. Any State of the Party is also required to take actions when it is necessary to enforce its jurisdiction over crimes such as those specified in Article 2 of the case in which the perpetrator is in its territory and the State. not to extradite such person to another Party of State who has imposed its jurisdiction in accordance with paragraph 1 or 2.
. .5. If more than one State of the Party claims its jurisdiction over crimes as set forth in Section 2, the relevant States will coordinate their actions in a manner that is appropriate, especially concerning the terms of the applicable law. the requirements for the prosecution and the modalities of reciprocity legal aid.
., 6. Without harming the common rules of international law, the Convention does not rule out the application of any criminal jurisdiction enacted by a State of the Party in accordance with its national law.
Section 8
., 1. Each State of the United States shall take actions that need to be, in accordance with the principles of its national law, to perform identifications, detection and freezing or seizure of any funds used or allocated to The purpose of committing crimes as set forth in Article 2 includes the proceeds of the wealth obtained from the crime, for the intent of the abuse that may have occurred.
., 2. Each country is required to take actions that need to be, in accordance with the principles of its national law, for the misuse of funds used or allocated with the intent to commit crimes such as those specified in the United States. in Article 2 and the proceeds of wealth acquired from these crimes.
., 3. Each associated country may provide a consideration to make agreements on sharing with other States, for the funds obtained from misuse, referencing this section, on a regular basis or case per Case.
., 4. Each State of the Parties is required to specify the mechanisms in which the funds obtained from the misuse refer to this section, used to compensate for the loss of the victims of the crime referring to Article 2, paragraph 1, sub-verses (a) or (b) or their families.
. .5. The provisions of this section are mandatory without prejudice to the rights of the third country in good faith.
Section 9
., 1. Upon receiving the information that someone who has committed or who is alleged to have committed a crime as specified in Article 2 that may be within its territory, the State of the concerned Party is obliged to take acts that may need to be based on his national law to investigate the facts contained in the information.
., 2. After the evidence of restraint has been sufficient, the State of the Party in which the perpetrator of the crime or suspect is in its territory is required to take measures in accordance with its national law to safeguard the existence of such persons for the purpose of prosecution. Or extradition.
., 3. Any person who is charged with actions that refer to paragraph 2 is entitled to:
.,
., a., a. Conduct communication without delay with the nearest representative of the Country whom the person is a citizen or otherwise is obligated to protect the rights of such persons or, if the person is not citizenship, The country in the region where the person is used to reside;
B. Visited by the State representative concerned;
C. Be aware of the rights of such persons based on sub-verses (a) and (b).
., 4. Rights that refer to paragraph 3 shall be applied in accordance with the laws of the State in the region where the perpetrator of the crime or suspect is committed, subject to the provision that such laws must be able to Support for the purposes of granting the rights to the rights in paragraph 3.
. .5. The provisions of paragraph 3 and 4 must be without adverse rights to any State of the Party that has its own jurisdiction in accordance with Article 7, paragraph 1, sub-verse (b), or paragraph 2, sub-verse (b), to invite the International Red Cross Committee to Communicate with and visit the suspect in the crime.
., 6. If a State of the Party is in accordance with this section, it has detained a person, the State is required, immediately notify, directly or through the Secretary General of the United Nations, to the States of the Parties that have enacted. Jurisdiction is in accordance with Section 7, paragraph 1 or 2, and, if seen in need, to any other Member States of interest, about the fact that the person is in detention and other circumstances that warrant the detention of the person That. States that conduct investigations such as those intended on verse 1 must immediately inform the States of the Parties concerning the results of the discoveries and must indicate that the State is about to enforce its jurisdiction.
Section 10
., 1. The country in which the suspect is located, in cases where Section 7 applies, if the State does not extradite the person, is required, without any exception and whether the crime is committed both in and in the outside of its territory, to submit the case without delay to the parties authorized by the purpose of prosecution, through the proceedings in accordance with the laws of the State.
.,, those authorized officers are required to take their decisions in the same manner as every other crime-based crime case under the laws of the State.
., 2. When a State of State is permitted under its national law to extradite or surrender one of its citizens, it is only on the condition that the person will be returned to the State to undergo a sentence. dropped as a result of the trial or proceedings in which the person was asked to be extradited or handed over, and this State and the State who requested the extradition of the person agree with this option and other arrangements that could Deemed appropriate, then extradition or conditional surrender is sufficient to free Obligations as specified in paragraph 1.
Section 11
., 1. Crimes such as those specified in Article 2 are considered to be included as crimes that may be extradited in any extradition treaty that exists between any of the States prior to the enactment of this Convention. The parties sought to include these crimes as crimes that could be extradited in any extradition treaty that was then agreed between the countries.
., 2. If a State of the Parties is extradited under the terms of an agreement accepting the extradition request of the other State of the State where the State does not have an extradition treaty, the State of the Party of the Expropriation of the Extradition, For his own choice, may consider the Convention as the legal basis for extradition regarding crimes as specified in Article 2. Exextradition shall be subject to the other requirements specified in the The laws of the State that are being held extradition.
., 3. States that do not extradite under the condition of an agreement will recognize such crimes as specified in Article 2 as crimes that can be extradited between those countries, subject to the terms of the Agreement. On the terms specified in the laws of the State that are requested to be extradited.
., 4. If necessary, such crimes as set forth in Article 2 shall be enacted, for the purpose of extradition between the States of the Parties, as if such a crime were committed not only in the location where the crime took place but also within the territory of the State that has enacted jurisdiction in accordance with Article 7, paragraph 1 and 2.
. .5. The provisions of all extradition treaties and provisions between the States of the Parties relating to crimes such as those specified in Section 2 shall be considered for customizable among the Parties. If any of these provisions are contrary to this Convention.
Section 12
., 1. The States of the Parties shall seek one another, greater aid in relation to criminal investigations or proceedings of criminal proceedings or extradition with regard to the crimes of the law. Article 2, including assistance in obtaining the evidence they have required for his trial process.
., 2. The Party countries may not refuse a request for reciprocity with the privacy of the bank.
., 3. The country that makes the request cannot deliver or use the information or evidence provided by the State of the Parties requested for the purposes of inquiry, prosecution or court proceedings other than those expressed in the request, without permission first from the State of the Party requested.
., 4. Each Party Country may consider establishing a mechanism for sharing with other States of States regarding the information or evidence needed to implement criminal, civil or administrative responsibility according to the terms of the Service. Section 5. The States of the Parties shall exercise their obligations under paragraph 1 and 2 in accordance with the agreements or other arrangements in terms of the assistance of reciprocity laws or the exchange of information that may be between them. In the event of no agreement or arrangement, the state-state of the Pihakis will seek one another in accordance with its national law.
Section 13
None of the crimes as specified in Article 2 shall be declared, for the purposes of extradition or assistance of reciprocity of reciprocity, as a fiscal crime. Thus, the Party States cannot refuse the extradition request or aid of reciprocity of reciprocity with the basis solely that it concerns fiscal crimes.
Section 14
None of the crimes as stated in Article 2 shall be declared for the intent of extradition or the aid of a reciprocity of reciprocity as a political crime or as a crime that is inspired by political motives. Thus, an extradition request or for the assistance of a reciprocity law based on such a crime cannot be denied on the basis solely that it concerns a political crime or a related crime. with a political crime or a crime inspired by political motifs.
Section 15
Nothing in this convention has been interpreted as a designation of obligation to extradite or to seek the assistance of reciprocity, if the State of the Parties is required to have fundamental reasons to believe that a request is made to the right of the party. Extradition of crimes such as those specified in Article 2 or the assistance of reciprocity laws relating to crimes committed to the intent of prosecutable or punishing a person based on race, religion, nationality, ethnicity, the political views of the person or that the fulfillment of such a request will harmed the person ' s position over any of the above reasons.
Section 16
., 1. A person who is in custody or is serving a sentence in the territory of one of the State of the Party whose existence in the State of the Other Party is asked to mean identification, testimony or in other words providing assistance in the obtaining evidence for investigation or prosecution of crimes such as specified in Section 2 may be transferred if the following terms are met:
., a., a. The person unpressurised gives his consent;
., b. Officials in charge of the two countries agree, subject to the conditions perceived to be appropriate by those countries.
2. For the intent of this section:
.,
., a., a. The destination country in which the person is moved will have the authority and the obligation to hold the transferred person in custody unless requested or provided by the State from which the person is moved;
., b. The destination country where the person is moved is required without delay to carry out its obligation to return the person to the custody of the State in which the person has been transferred as previously agreed, or as in any other way approved, by authorized officials of both Countries;
., c. The destination country where the person is moved cannot require the State where the person has been moved to perform an extradition court process for the return of the person;
., d. The person who was transferred will receive a reduction in the prison sentence spent in the State from which he has been transferred over the period of endurance that has been spent in the region in the State of the destination where he has been transferred.
., 3. Unless the country where a person will be transferred in accordance with this section also agrees, the person, whatever his nationality, cannot be prosecuted or withheld or subject to other restrictions on his personal freedom within the region. The country to which the person is transferred is concerned with the actions or penalties in advance until the person's departure from the territory of the person's State has been moved.
Section 17
Any person who is detained or associated with other actions imposed or proceedings executed in accordance with the Convention will be guaranteed a fair treatment, including enjoying all rights and customized warranties. with State legislation in the region where the person is located and the applicable international law provisions, including international human rights law.
Section 18
., 1. The countries are required to cooperate in the prevention of crimes such as those specified in Section 2 by taking all actions that can be applied, among other things, by setting laws. Their national team, if necessary, to prevent and ward off the preparations in their respective territories for the actions of those crimes within or outside their territory, including:
.,
.,, a) Actions to prohibit in their territory the unlawful activities of people or organizations that are consciously encouraging, inciting, organizing or engaging such crimes as specified in Section 2;
.,, b) the actions that require financial institutions and other professions involved in financial transactions to implement the most efficient measures available for the identifier to be identified. A fixed or non-permanent customer whose savings account is opened, and to provide special attention to unusual or suspicious transactions and report on suspected transactions. From a criminal act. For this purpose, the Party countries are required to consider:
.,
., (i) establishing a rule that forbids the opening of accounts whose owners or heirs are unknown or unknowable, and measures to ensure that such institutions test the identity of the of the actual owners of the transitsit-sebut;
., (ii) Drive by the process of identifying legal entities, which require financial institutions, if necessary, to take steps to test the truth of the existence of the law and the structure of the nasabah in a way, both from registration Public or both, the evidence for the creation of a company, including the description of the name of the customer, the legal status, address, director and the provisions set about the authority to bind the legal entity;
.,, (iii) Assign the rules enacted to the financial institutions of the obligation to report immediately to the officials who are authorized to all complex, unorthodox, and unorthodox transactions of transactions. Unusual transactions that do not have a clear economic purpose or a goal that is clearly permitted by law, without fear of criminal or civil liability for violating the limitations of disclosure. information if they report such suspicions with a good cause;
.,, (iv) Asking for financial institutions to store, at least for five years, all important records of transactions both in the country and international.
., 2. The State of the Parties shall cooperate further in preventing the crimes as specified in Article 2 by considering:
.,
.,, a) the supervising measures, including, for example, permissions, against all the money delivery agents;
., b) any actions that can be executed to detect or supervise the physical delivery of money across the border and a castable payment instrument carrier, subject to strict protection measures. to ensure the appropriate use of information and without impeding in any way the freedom of capital movement.
., 3. The countries are required to further cooperate in preventing crimes such as specified in Section 2 by exchanging accurate information and information that has been tested in accordance with the rules. The laws of the country and coordinating the administrative actions and other measures are taken, if necessary, to prevent the occurrence of such crimes as specified in Article 2, in particular with:
.,
., a., a. Establish and maintain communication channels between their agencies and their authorized services to facilitate the exchange of safe and rapid information on all aspects of evil-like crimes specified in the Section 2;
., b. Cooperate with each other in carrying out an investigation, regarding crimes such as those specified in Article 2, which concerns:
.,
.,, (i) the identity, the existence and the activities of the people who are with the reasonable suspicions that they are involved in those crimes;
.,, (ii) The movement of such funds is associated with the occurrence of such crimes.
., 4. The State of the Party can exchange information through Interpol. Article 19 of the State of the Parties in which a suspected criminal is prosecuted, in accordance with its national law or applicable procedures, to deliver the final decision of the proceedings to the Secretary General of the United States. The United Nations who will provide such information to the other State of the United States.
Section 20
The States of the Parties shall exercise their obligations under the principles of sovereignty that align and the integrity of the territories of the States and the principle of not intervening in other countries ' country matters.
Section 21
Nothing in this Convention will affect the rights, obligations and obligations of other countries and individuals under international law, in particular the purposes of the Charter of the United States. The Nations, international humanitarians law and other related conventions.
Section 22
Nothing in this Convention provides the right to a State of the Party to take action within the other State of the Country to apply jurisdiction or carry out functions specifically owned by the State of State. The other party is based on its national law.
Section 23
., 1. Annex of this Convention may be amended by the addition of related agreements, which are:
., a., a. Open for the participation of the entire country;
B. It has started to apply;
., c. It has been passed, received, approved or deaced by at least twenty-two State Parties of this Convention.
., 2. Upon the expiration of this Convention, each Party State may submit an amendment. Every amendment proposal is required to be delivered to the storage body in a written form. The Storage Entity is required to notify all of the requirements in paragraph 1 to all the Countries of the Party and ask for their opinions on whether the proposed amendment can be established.
., 3. The proposed changes are considered to have been specified unless a third of the Parties objected to the written notice not more than 180 days after the proposed receipt was circulated.
., 4. The change to the specified annex will take effect 30 days after the storage of twenty-two instruments of attestation, acceptance or approval of such change for all the State of the Party that has kept its instrument. For any State of the Union that is applicable, accepting or approving such changes after the storage of the instrument to twenty-two, the change will begin in effect on the thirty days after the storage of the instrument of attestation, acceptance, or approval by the State of the Party.
Section 24
., 1. Any dispute between two or more of the parties regarding the interpretation or application of this Convention that cannot be resolved through negotiations in a given time, at the request of one of the Party States, is required to be submitted to the Cloud Service. Arbitration. If, within six months of the date of the submission of the submission to arbitration, the parties are unable to agree on the arbitration structure, one of the countries may submit a dispute to the International Court of Justice, through the application, According to the International Court of Justice.
., 2. Each country at the time of signing, attestation, acceptance or approval of this Convention or accession may state that the State is not bound to paragraph 1. Other Party Countries shall not be bound by paragraph 1 against the other State of the Other Party that has made the reservation in question.
., 3. Any State that has made a reservation in accordance with paragraph 2 can at any time withdraw the reservation with notice to the Secretary General of the United Nations.
Section 25
., 1. The convention was open to the signing of all countries from January 10, 2000 to December 31, 2001, at the United Nations Headquarters in New York.
2. The Convention applies in the presence of assent, acceptance or approval.
.,, Instrument of attestation, acceptance or approval is kept on the Secretary General of the United Nations.
., 3. The convention is open to accession by each State. The instrument of the accession was held to the Secretary General of the United Nations
Section 26
., 1. This Convention applies on the thirty days from the date of the second storage of the instrument of attestation, acceptance, approval, or accession to the Secretary-General of the United Nations.
., 2. For any Country that is authorized, accepts, approves or approves of this Convention after the storage of twenty-two of the instrument of attestation, acceptance, approval, or accession, the Convention begins to apply on the thirticity of the following year. storage of the authorization instrument, acceptance, approval, or accession by the State.
Section 27
., 1. Any State of the Party can withdraw from this Convention on a written notice to the Secretary General of the United Nations.
., 2. The withdrawal will be effective one year from the date the notification was received by the Secretary General of the United Nations.
Section 28
The text of the salinan_? The convention, which in Arabic, Chinese, English, French, Russian, and Spanish is equally authentic, will be kept on the Secretary General of the United Nations that will send its official copy to the rest of the State.
AS EVIDENCE, the signing below, which has been queried for it by the respective Government, has signed this Convention, open to signing at the United Nations Headquarters in New York on the 10th January 2000.
