0.311.53 text original Convention on the laundering, detection, to the seizure and confiscation of the proceeds of crime concluded in Strasbourg on 8 November 1990, approved by the Federal Assembly on 2 March 1993, Instrument of ratification deposited by the Switzerland on 11 May 1993 entry into force for Switzerland on September 11, 1993 (State on September 1, 2015) preamble the Member States of the Council of Europe and the other States signatory to this Convention whereas the purpose of the Council of Europe is to achieve greater unity between its members;
convinced of the need to pursue a common criminal policy aimed at the protection of society;
considering that the fight against crime is serious, which is becoming an international problem, requires the use of modern and effective methods at the international level;
believing that one of these methods is to deprive the offender of the proceeds of crime;
whereas in order to achieve this goal, a satisfactory system of international cooperation should also be put in place, agreed to the following: chapter I use of terms art. 1 terminology for the purposes of this Convention, the expression: a. 'product' means any economic advantage from criminal offences. This advantage may be in any property as defined in paragraph b of this article; b. "property" includes property of any kind, that, as the legal acts or documents of a title or a right in the property; c. 'instruments' means all objects used or intended to be used in any way whatsoever, whether physical or intangible, furniture or building in all or part, to commit one or of criminal offenses; d. "confiscation" means a penalty or a measure ordered by a court following a procedure on one or criminal offences, punishment or measure leading to permanent good deprivation; e. "predicate offence" means any offence as a result of which the products are generated and likely to become the subject of an offence as defined in art. 6 of this Convention.
Chapter II measures to be taken at the national level art. 2 confiscation measures 1. Each Party shall adopt legislative and other measures which are necessary to enable it to confiscate instruments and key products or of goods whose value corresponds to those products.
2. each party may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that the by. 1 of this article applies only to offences or categories of offences specified in the declaration.
Art. 3 investigation and provisional measures each Party shall adopt legislative and other measures which are necessary to enable it to identify and find the property subject to confiscation in accordance with art. 2, by. 1, and prevent any operation, any transfer or any alienation relatively to these goods.
Art. 4 powers and special investigative techniques 1. Each Party shall adopt legislative and other measures which are necessary to empower its courts or other competent authorities to order the communication or seizure of Bank, financial or commercial records in order to implement the measures referred to in art. 2 and 3. A party cannot invoke banking secrecy to refuse to give effect to the provisions of this article.
2 each party plans to adopt the legislative and other measures which are necessary to enable him to use special investigative techniques facilitating the identification and research of the product and examination of evidence is related. Among these techniques, we include the orders of surveillance of bank accounts, observation, interception of telecommunications, access to computer systems and orders for production of specified documents.
Art. 5 legal remedies each Party shall adopt legislative and other measures which are necessary to ensure that persons affected by the measures provided for in art. 2 and 3 have effective legal remedies to protect their rights.
Art. 6 money laundering offences 1. Each Party shall adopt legislative and other measures which are necessary to give the character of criminal offence under its domestic law when the Act was committed intentionally to: a. the conversion or transfer of property which he who engaged knows that these goods are products, in order to conceal or disguise the origin illegal of the property or of assisting any person who is involved in the commission of the predicate offence to evade the legal consequences of his actions; (b) the concealment or disguise of the nature, origin, the location of the disposition, of the movement or the property real property or rights y related, which the author knows that these goods are products;
and, subject to its constitutional principles and the basic concepts of its legal system: c. the acquisition, detention or the use of property, one who acquires them, holding them or uses them knows, at the time of receipt, they are products; d. participation in one of the offences established in accordance with this section or any association, agreement attempt or complicity by providing assistance, assistance or advice to his commission.
2. for the purposes of implementation or enforcement of the by. 1 of this article: a. the fact that the main offence whether or not the jurisdiction of the criminal courts of the party does not come into account; (b) it may be provided that the offences set out in this paragraph apply to the authors of the main offence; c. knowledge, intention or motivation as part of one of the offences set out in this paragraph may be inferred from objective factual circumstances.
3. each party may adopt the measures it considers necessary to give the character of criminal offences under its domestic law, to all or part of the acts mentioned in the by. 1 in one or all of the following when the author: a. ought to have assumed that the property was proceeds; (b) acted in a profit; c. has acted to facilitate the continuation of criminal activity.
4. each party may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, declare that the by. 1 of this article applies only to offences or categories of offences specified in this statement.
Chapter III Cooperation International Section 1 principles of cooperation international art. 7 General principles and measures for international co-operation 1. The Parties shall cooperate with each other in investigations and procedures for confiscation of the instruments and products as wide as possible.
2. each Party shall adopt legislative and other measures that will be needed to enable it to meet the requirements of this chapter, to the requests: a. confiscation of particular goods consisting of products or instruments, as well as confiscation of proceeds consisting in the obligation to pay a sum of money corresponding to the value of the product; (b) mutual assistance for the purposes of investigations and provisional measures for the purpose forms of confiscation referred to in point a above.
Section 2 mutual assistance for the purpose of investigation art. 8 obligation of mutual assistance the Parties agree, upon request, the widest possible mutual assistance to identify and track instruments, products and the other property confiscation. This support is particularly in any measure providing and implementing security of the evidence regarding the existence of the above property, their location or their movements, their nature, their legal status or their value.
Art. 9 execution of mutual assistance provided by art. 8 is executed according to the domestic law of the requested Party and under it, and according to the procedures specified in the request, insofar as they are not inconsistent with this law.
Art. 10 spontaneous information without prejudice to its own investigations or proceedings, a party may, without prior request, forward to another part of the information on the instruments and products where it considers that the disclosure of such information could help the receiving party to commit or carry out investigations or procedures, or when such information could lead to a request by that party under this chapter.
Section 3 measures interim art. 11 obligation to order interim measures
1. a party takes, at the request of another party who has committed a criminal or forfeiture proceedings, interim measures that are necessary, such as freezing or seizure, to prevent any operation, any transfer or any disposition for all well who, subsequently, could be the subject of a request for confiscation or which could allow to accede to such a request.
2. a party which has received a request for confiscation in accordance with art. 13. takes, if the request is made, the measures referred to in paragraph 1 of this article, relatively to all well who investigated in the request or which could allow to accede to such a request.
Art. 12 execution of provisional measures 1. The provisional measures referred to in art. It are carried out according to the domestic law of the requested Party and under it, and according to the procedures specified in the request, insofar as they are not inconsistent with this law.
2 before lifting any provisional measure taken pursuant to this article, the requested Party gives, if possible, to the requesting party bed ability to express his reasons for maintaining the measure.
Section 4 Confiscation art. 13 obligation and forfeiture 1. A party that received a request for confiscation concerning instruments or products, located on its territory, of another party must: a. execute a decision of confiscation from a Court of the requesting party regarding these instruments or these products; forgotten the source. make this request to its competent authorities for a decision of confiscation and, if it is granted, enforce it.
2. for the purposes of the application of the per. 1.b of this article, any party has, if necessary, internal competence to initiate proceedings for confiscation under its law.
3. the provisions of the by. 1 of this article also apply to confiscation consisting in the obligation to pay a sum of money corresponding to the value of the product, if goods which you can include the confiscation are on the territory of the requested Party. In such case, by confiscation pursuant to paragraph 1, the requested Party, in default of payment, made to recover the debt on all available for this purpose 4. If a request for confiscation is a specified property, the Parties may agree that the requested Party may carry out the confiscation in the form of an obligation to pay a sum of money corresponding to the value of the property.
Art. 14 execution of confiscation 1. The procedures for obtaining and running the confiscation under art. 13 are governed by the law of the requested Party.
2 the requested Party is bound by the findings as to the facts insofar as they are exposed in a conviction or judicial decision of the requesting party, or insofar as it is implicitly based on them.
3. each party may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that the by. 2 of this article applies only subject to its constitutional principles and the basic concepts of its legal system.
4. If the confiscation is the obligation to pay a sum of money, the competent authority of the requested Party converts the amount his country currency at the exchange rate in effect at the time the decision to execute the confiscation.
5. in the case referred to in art. 13, by. 1.a, the requesting party has only the right to rule relatively to any application for review of the confiscation order.
Art. 15. the requested Party confiscated property has according to its own law of all property confiscated by it, unless it is agreed otherwise by the Parties concerned.
Art. 16 performing right and maximum amount of confiscation 1. A request for confiscation made pursuant to art. 13 does not affect the right of the applicant to enforce itself the confiscation decision.
2. nothing in this Convention shall be construed as allowing the total value of confiscated property to be greater than the amount set by the decision on confiscation. If a party finds that this could happen, the Parties concerned conduct consultations to avoid such a result.
Art. 17 constraint by the requested party body cannot pronounce the constraint by body or take any other restrictive measures of freedom following a request under art. 13 if the applicant stated in the request.
Section 5 refusal and postponement of co-operation art. 18 grounds for refusal 1. Co-operation under this chapter may be refused in the case where: a. the requested measure would be contrary to the fundamental principles of the legal system of the requested Party; forgotten the source. execution of demand might adversely affect the sovereignty, security, public order or other essential interests of the requested Party; OUC. the requested Party considers that the importance of the case dealt with the request does not warrant that is taken the measure requested; Oud. the offence on which the request is a political or fiscal offence; Oue. the requested Party considers that the requested measure would be contrary to the principle not double jeopardy; Phew. the offence to which relates the request wouldn't be a crime under the law of the requested party if it was committed in the territory under its jurisdiction. However, this ground for refusal applies to co-operation under section 2 insofar as assistance sought involves coercive measures.
2. co-operation under section 2, insofar as assistance sought involves coercive measures, and that provided for in section 3 of this chapter may also be refused in cases where the measures requested could not be taken under the domestic law of the requested Party for purposes of investigations or proceedings, if it were a similar national case.
3. where the law of the requested Party so requires, co-operation under section 2, where assistance sought involves coercive measures, and that provided for in section 3 of this chapter may also be refused where measures sought or any other measures having similar effects would not be permitted by the legislation of the requesting party , or, with respect to the competent authorities of the requesting party, if the request is authorized by a judge or another judicial authority, including the Crown, these authorities acting in criminal offences.
4. the co-operation under section 4 of this chapter may also be refused if: a. the law of the requested Party does not provide for confiscation for the offence on which the request type; forgotten the source. without prejudice to the obligation under art. 13, by. 3, it would go against the principles of the domestic law of the requested Party concerning the possibilities of confiscation relatively to the relationship between an offence and: i) an economic benefit which could be assimilated to its product, yes) the goods that could be assimilated to its instruments; or (c) under the law of the requested Party, the decision on confiscation no longer be imposed or executed due to prescription; Oud. the request does not on a previous conviction, or a decision of a judicial character, or a statement in such a decision, according to which a statement or several offences have been committed, and which is at the origin of the decision or of the application for forfeiture; Oue. either the confiscation is not enforceable in the requesting party, or it is still capable of ordinary remedies; Phew. the application relates to a decision of confiscation made in the absence of the person concerned by the decision and if, according to the requested Party, the proceedings by the party applicant and which led to this decision does not comply with the minimum rights of defence recognised to any person charged with an offence.
5. for the purposes of the by. 4.f of this article a decision is not considered have been made in the absence of the accused: a. If it has been confirmed or pronounced after opposition by the person concerned; forgotten the source. If it has been rendered on appeal, provided that the appeal was lodged by the person concerned.
6. in reviewing, for the purposes of the by. 4.f of this article, if the minimum defence rights have been respected, the requested Party will take into account the fact that the person concerned has deliberately sought to evade justice or that that person, having had the opportunity to appeal against the decision in his absence, chose not to introduce such an appeal. The same applies when the person concerned, after having been duly summoned, has chosen not to appear or not adjourn the case.
7. a party cannot invoke banking secrecy to justify his refusal of any cooperation provided for in this chapter. Where its domestic law so requires, a party may require that a request for cooperation which would involve the lifting of bank secrecy be allowed, either by a judge or another judicial authority, including the Crown, these authorities acting in criminal offences.
8. without prejudice to the ground for refusal provided for in the by. 1.a of the present article: a. the fact that the person who is being conducted investigation or of a confiscation order made by the authorities of the requesting party is a legal person cannot be invoked by the requested Party as an obstacle to any cooperation under the present chapter; b. the fact that the natural person against whom a decision of confiscation of proceeds has been made is subsequently passed away as well as the fact that a legal person against whom a decision of confiscation of proceeds has been made was dissolved thereafter cannot be invoked as obstacles to the mutual assistance provided for by art. 13, by. 1.a.
Art. 19 postponement the requested Party may stay the execution of the measures covered by a request if they are likely to prejudice investigations or proceedings conducted by its authorities.
Art. 20 partial acceptance or conditional on an application before refusing or postpone its cooperation under the present chapter, the requested party reviews, if necessary after consultation with the applicant, if he is to be allowed or partially subject to the conditions that it considers necessary.
Section 6 Notification and protection of the rights of third-party art. 21 notification of documents 1. Parties grant each other the widest possible assistance for notification of judicial documents to persons affected by provisional measures and confiscation.
2. nothing in the present article aims to frustrate: a. the ability to address judicial acts by post office flies directly to persons abroad; (b) at the Faculty for the judicial officers, officials or other competent people in the party of origin to make any meanings or notifications of judicial documents directly by the consular service of this part or the care of officers officials or other competent people of the party of destination, unless the destination party made a statement contrary to the Secretary General of the Council of Europe at the time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession.
3. in the notification of judicial acts abroad to persons affected by provisional measures or decisions of confiscation ordered in the party of origin, the party informs these people of legal remedies provided by its legislation.
Art. 22 recognition of foreign decisions 1. Faced with a request for cooperation in respect of sections 3 and 4, the requested party recognizes any judicial decision in the requesting party regarding rights claimed by third parties.
2. recognition may be refused: a. If third parties have not had an adequate opportunity to assert their rights; forgotten the source. If the decision is incompatible with a decision already taken in the requested Party on the same matter; OUC. If it is incompatible with the public policy of the requested Party; Oud. If the decision has been made contrary to provisions on exclusive jurisdiction provided for by the law of the requested Party.
Section 7 procedures and other general rules art. 23 Central Authority 1. The Parties shall designate a central authority or, if necessary, several authorities to send the requests made by virtue of this chapter, to respond, to them de les executer run or pass them on to the authorities who have jurisdiction to execute.
2. each Party shall communicate to the Secretary General of the Council of Europe, when signing or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, the name and address of the authorities designated in accordance with paragraph 1 of this article.
Art. 24 1 direct correspondence. Central authorities shall communicate directly with each other.
2. in case of emergency, the requests and communications provided for in this chapter may be sent directly by the judicial authorities, including the public prosecutor, of the requesting party to such authorities. In such cases, a copy must be sent simultaneously to the central authority of the requested Party through the central authority of the requesting party.
3. any request or communication made in application of by. 1 and 2 of this article may be made through the international criminal police organization (Interpol).
4. If an application is made by virtue of the by. 2 of this article and if the seized authority is not competent to address them, she transmits to the competent authority of his country and inform directly the requesting party.
5. requests or communications under section 2 of this chapter, which involve no coercive measures, may be directly transmitted by the competent authority of the requesting party to the competent authority of the requested Party.
Art. 25 form of request and languages 1. All applications under this chapter shall be in writing. It is allowed to use modern means of telecommunications, such as the fax.
2. subject to the provisions of the by. 3 of this section, the translation of requests or the annexes will not be required.
3. any party may, time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, reserve the right to require that requests and annexes are accompanied by a translation into its own language or into one of the official languages of the Council of Europe , or in one of those languages it will show. On this occasion, any party may declare that it is willing to accept translations in any other language it will show. The other Parties may apply the rule of reciprocity.
Art. 26 legalisation documents transmitted in application of this chapter are exempt from all legalisation formalities.
Art. 27 contents of the application 1. Any request for co-operation under this chapter shall specify: a. the authority from which it emanates and the authority to implement the investigations or proceedings; b. the purpose and the reason for the request; c. case, including facts relevant (such as the date, the place and the circumstances of the offence), covered by the investigations or procedures ((except in the case of a request for notification; d. to the extent where the co-operation involves coercive measures: i) the text of the legal provisions or, where this is not possible, the content of the relevant law, II) an indication that the measure sought or any other measures having similar effects could be taken on the territory of the requesting party under its own law;
e. If necessary, and as far as possible: i) details relatively to the person (s) (s) concerned, including the name, date and place of birth, nationality and the place where she (s) is located (nt), and, when it comes to a legal person, its seat, IATT) property in relation to which co-operation is sought, its location, their links with the person (s) in question any connection with the offence, as well as any available information about the interests of others related to these goods; and f. any special procedure requested by the requesting party.
2. when a request for interim measures under section 3 is the seizure of a well that could be the subject of a confiscation order consisting of the obligation to pay a sum of money, this request must also indicate the maximum amount sought to recover on it though.
3. in addition to the indications referred to in the by. 1, any request pursuant to section 4 shall contain: a. in the case of art. 13, by. 1.a: i) a certified copy conform of the confiscation order made by the Court of the requesting party and the explanatory memorandum to the origin of the decision, if they are not indicated in the decision itself, ii) a certificate from the competent authority of the requesting party that the confiscation decision is enforceable and is not likely to ordinary remedies ((, iii) information as to the extent in which the decision should be performed, Joe) information about the need for interim measures;
(b) in the case of art. 13, by. 1.b, a statement of the facts relied on by the applicant that is sufficient to enable the requested party to obtain a decision under its domestic law; c. when third parties have had the opportunity to claim rights, documents demonstrating that they had this possibility.
Art. 28 flaws in applications
1 if the request is not consistent with the provisions of this chapter, or if the information provided is insufficient to allow 121 requested party to make a decision on the request, that party may ask the applicant to amend the application or add additional information.
2 the requested Party may set a deadline for obtaining such changes or information.
3. in wait to obtain changes or information requested relatively to a request submitted pursuant to section 4 of this chapter, the requested Party may order all measures referred to in sections 2 and 3 of this chapter.
Art. 29 contest of applications 1. When a requested party receives more than one application under sections 3 and 4 of this chapter to the same person or the same property, applications competition does not prevent the requested party to process applications that involve interim measures to be taken.
2. in the case of a contest of applications under section 4 of this chapter, the requested Party will consider consult the applicants.
Art. 30 duty to state reasons the requested party must give reasons for any decision refusing, postponing or subjecting them to conditions any cooperation requested under the present chapter.
Art. 31 information 1. The requested Party shall immediately inform the applicant: a. follow-up immediately with a request made under this chapter; (b) the final result of the follow-up to the request; c. a decision refusing, postponing or subjecting them to conditions, totally or partially, any cooperation provided for in this chapter; d. all circumstances making it impossible the execution of the measures sought or likely to delay it significantly; summer. in the event of provisional measures taken pursuant to a request made pursuant to section 2 or 3 of this chapter, the provisions of its domestic law that would automatically lead to the lifting of the measure.
2. the requesting Party shall immediately inform the requested party: a. any review, decision or other fact removing totally or partially the decision of confiscation its enforceability; b. any change, in fact or in law, making it now unjustified any action undertaken under the present chapter.
3. where a party requests the confiscation of property in several parts, on the basis of a decision of confiscation, it shall inform all Parties involved in the execution of the decision.
Art. 32 limited use 1. The requested Party may make the execution of a request on the condition that the information or evidence is not, without its prior consent, used or transmitted by the authorities of the requesting party for the purpose of investigations or procedures other than those specified in the request.
2. each party may, at the time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, declare that the information or evidence provided by it under this chapter cannot, without his prior consent, be used or transmitted by the authorities of the requesting party for the purpose of investigations or proceedings other than those specified in the request.
Art. 33 confidentiality 1. The requesting party may require the requested Party keep confidential the request and its content, except to the extent necessary to do right. If the requested Party cannot comply with this requirement of confidentiality, it must inform the applicant as soon as possible.
2. the applicant must, if so requested, and provided that it is not contrary to the fundamental principles of its domestic law, to keep confidential all means of evidence and information provided by the requested Party, except to the extent necessary to investigations or proceedings described in the request.
3. subject to the provisions of its domestic law, a party which has received spontaneous information under art. 10 shall comply with any condition of confidentiality requested by the party that transmits information. If the other party cannot comply with such a condition, she must notify the party who shall transmit the information as soon as possible.
Art. 34 the ordinary expenses incurred to run an application fees charged to the requested Party. When significant or extraordinary fees will be required to comply with the request, the Parties are working together to secure conditions in which it will be executed and how the costs shall be borne.
Art. 35 damage and interests 1. When an action in liability due to damage resulting from an act or omission under the cooperation provided for by this chapter were brought by a person, the Parties concerned plan to consult, as appropriate, on the possible allocation of allowances due.
2. a party who is the subject of a request for damages strives to inform without delay the other party if it can have an interest in the case.
Chapter IV provisions final art. 36 signature and entry into force 1. This Convention is open for signature by the Member States of the Council of Europe and non-Member States which have participated in its development. These States may express their consent to be bound by: a. signature without reservation of ratification, acceptance or approval; forgotten the source. signature, subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. the instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3. the present Convention will be effective the first day of the month following the expiration of a period of three months after the date on which three States, including at least two Member States of the Council of Europe, have expressed their consent to be bound by the Convention, in accordance with the provisions of para. 1 4. For any signatory State which subsequently expresses its consent to be bound by the Convention, it will enter into force the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of the by. 1 art. 37 accession to the Convention 1. After the entry into force of the Convention, the Committee of Ministers of the Council of Europe may, after consultation with the Contracting States to the Convention, invite any non-Member State of the Council to accede to this Convention by a decision taken by the majority provided for in art. 20.d of the Statute of the Council of Europe and the unanimity of the representatives of the Contracting States entitled to sit on the Committee.
2. for any acceding State, the Convention will be effective the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession by the Secretary General of the Council of Europe.
SR 0.192.030 art. 38 territorial application 1. Any State may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, designate any territories to which apply this Convention.
2. any State may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the statement. The Convention will enter into force with respect to that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
3. any declaration made under the two preceding paragraphs may be withdrawn, with respect to any territory referred to in this declaration by notification to the Secretary General. The withdrawal will take effect the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Art. 39 relationship with other conventions and agreements 1. This Convention does not affect the rights and obligations arising from multilateral international conventions concerning specific issues.
2. the Parties to the Convention may conclude bilateral agreements or multilateral relating to issues dealt with by this Convention, in order to supplement or enhance the provisions of this or to facilitate the application of the principles she devotes.
3. when two or more Parties have already concluded an agreement or Treaty on a subject covered by this Convention, or when they have established their relations on this issue in another way, they will be able to apply the agreement, treaty or arrangement instead of the present Convention, if it facilitates international co-operation.
Art. 40 reserves
1 any State may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, declare make use of one or more reserves in the art. 2, by. 2; 6, by. 4; 14, by. 3; 21, by. 2; 25, by. 3; and 32, by. 2. no other reservation may be made.
2. any State which has made a reservation under the preceding paragraph may withdraw it in whole or in part, by notice to the Secretary General of the Council of Europe. The withdrawal is to take effect on the date of receipt of the notification by the Secretary General.
3 a party which has made a reservation in respect of a provision of this agreement may not claim the application of that provision by any other party; It can, if the reservation is partial or conditional, claim the application of that provision insofar as it accepted it.
Art. 41 amendments 1. Amendments to this Convention may be proposed by each party and any proposal shall be communicated by the Secretary General of the Council of Europe to the Member States of the Council and to every non-Member State which has acceded or has been invited to accede to this Convention in accordance with the provisions of art. 37 2. Any amendment proposed by a party is communicated to the European Committee for crime problems which shall submit to the Committee of Ministers its opinion on the proposed amendment.
3 the Committee of Ministers examines the proposed amendment and the opinion submitted by the European Committee for crime problems and may adopt the amendment.
4. the text of any amendment adopted by the Committee of Ministers in accordance with the by. 3 of this section is sent to the Parties for acceptance.
5. any amendment adopted in accordance with the by. 3 of this section into force the thirtieth day after all Parties have informed the Secretary General that they have accepted.
Art. 42 settlement of disputes 1. The European Committee for crime problems of the Council of Europe will be kept informed of the interpretation and the application of this Convention.
2. in the case of a dispute between the Parties on the interpretation or application of this Convention, the Parties shall endeavour to reach a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee for crime problems, to an arbitral tribunal which will make decisions which bind the Parties to the dispute , or to the International Court of justice, according to a joint agreement by the Parties concerned.
Art. 43 denunciation 1. Any party may, at any time, denounce this agreement by notice to the Secretary General of the Council of Europe.
2. the denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
3. However, the Convention continues to apply to execution, under art. 14, confiscation requested pursuant to its provisions before the denunciation takes effect.
Art. 44 notifications the Secretary General of the Council of Europe shall notify the Member States of the Council and any State which has acceded to this agreement: a. any signature, b. the deposit of any instrument of ratification, acceptance, approval or accession, c. any date of entry into force of this Convention in accordance with its art. 36 and 37; d. any reservation under art. 40, by. 1; e. any other Act, notification or communication relating to this Convention.
In faith of what, the undersigned, duly authorized to that effect, have signed this Convention.
Done at Strasbourg, 8 November 1990, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will communicate certified copy to each of the Member States of the Council of Europe, to the non-Member States which participated in the drafting of the Convention and to any State invited to accede to it.
Scope on 1 September 2015 States parties Ratification, accession (A) Declaration of estate (S) Signature without reservation of ratification (if any) coming into force Albania * October 31, 2001 1 February 2002 Germany * 16 September 1998 1 January 1999 Andorra * July 28, 1999 1 November 1999 Armenia * November 24, 2003 March 1, 2004 Australia * July 31, 1997 November 1, 1997 Austria * July 7, 1997 1 November 1997 Azerbaijan * July 4, 2003 November 1, 2003 Belgium * January 28, 1998 may 1, 1998
Bosnia and Herzegovina * March 30, 2004 so 1 July 2004 Bulgaria * June 2, 1993 October 1, 1993 Cyprus * November 15, 1996 1 March 1997 Croatia * October 11, 1997 1 February 1998 Denmark * 19 November 1996 1 March 1997 Spain * August 6, 1998 1 December 1998 Estonia * may 10, 2000 September 1, 2000 Finland * 9 March 1994 1 July 1994 France * October 8, 1996 1 February 1997 Georgia * may 13, 2004 1 September 2004 Greece * June 22, 1999 October 1, 1999
Hungary * March 2, 2000 1 July 2000 Ireland * 28 November 1996 1 March 1997 Iceland * October 21, 1997 February 1, 1998 Italy * January 20, 1994 1 May 1994 Kazakhstan * September 23, 2014 1 January 2015 Latvia * December 1, 1998 1 April 1999 Liechtenstein * November 9, 2000 March 1, 2001 Lithuania * June 20, 1995 1 October 1995 Luxembourg * September 12, 2001 1 January 2002 Macedonia * 19 May 2000 September 1, 2000 Malta * 19 November 1999 1 March 2000 Moldova * 30 May 2002 1 September 2002 Monaco * 10 May 2002 A September 1, 2002 Montenegro 19 October 2006 S June 6, 2006 Norway * 16 November 1994 1 March 1995 Netherlands * 10 May 1993 1 September 1993 Aruba * April 7, 1999 August 1, 1999 Curaçao 7 April 1999 August 1, 1999 part Caribbean (Bonaire, Sint Eustatius and Saba) 7 April 1999 1 August 1999 Sint Maarten April 7, 1999 August 1, 1999 Poland * December 20, 2000 April 1, 2001 Portugal * 19 October
1998 February 1, 1999 Czech Republic * 19 November 1996 1 March 1997 Romania * August 6, 2002 December 1, 2002 United Kingdom * September 28, 1992 1 September 1993 Guernsey * September 24, 2002 1 January 2003 Isle of Man * January 19, 1995 May 1, 1995 Jersey May 1, 2015 may 1, 2015 Russia * August 2, 2001 December 1, 2001 San Marino * October 12, 2000 February 1, 2001 Serbia * October 9, 2003 February 1, 2004 Slovakia * may 7, 2001 1 September 2001 Slovenia * 23 April
1998 August 1, 1998 Sweden * 15 July 1996 November 1, 1996 Switzerland * 11 May 1993 1 September 1993 Turkey * October 6, 2004 February 1, 2005 Ukraine * 26 January 1998 may 1, 1998 * reservations and declarations. Reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the address of the Council of Europe website: http://conventions.coe.int or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
The convention is not applicable to the Faroe Islands and Greenland.
Reservations and declarations Switzerland reservation to art. 6. art. 6, by. 1, of the Convention applies when the primary offence is considered as a crime under Swiss law (art. 9, para. 1, of the Swiss penal Code and offences under the Swiss Criminal Code and the criminal incidental).
Reservation to art. 21. the notification of judicial documents to persons in Switzerland must be made through the competent Swiss authorities (federal Office of Justice).
Reservation to art. 25. the application and annexes must be submitted in German, French or Italian or be accompanied by a translation into one of these languages. The accuracy of the translations must be officially certified.
Reservation to art. 32. the information and evidence obtained from the Switzerland in application of this Convention cannot, without prior consent of the federal Office of Justice (Central Offices), used or transmitted by the authorities of the requesting party for purposes of investigation or procedure other than those specified in the request.
Declaration on the art. 23 central authority: federal Office of justice Bundesrain 20, CH - 3003 Berne telephone: + 41.58.462.11.20 fax: + 41.58.462.53.80 RO 1993 2386, FF 1992 VI 8 art. 1 al. 1 of 2 March 1993 (RO 1993 2384) FY.
RO 1993 2386, 2003 1508, 2006 763, 2009-3951, 2015-3125. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Art. 2 of 2 March 1993 (RO 1993 2384) FY.
RS 311.0 designation of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.
State on September 1, 2015