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RS 0.311.54 United Nations Convention of 15 November 2000 against Transnational Organized Crime

Original Language Title: RS 0.311.54 Convention des Nations Unies du 15 novembre 2000 contre la criminalité transnationale organisée

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0.311.54

Original text

United Nations Convention against Transnational Organized Crime

Concluded in New York on 15 November 2000

Approved by the Federal Assembly on 23 June 2006 1

Swiss instrument of ratification deposited on 27 October 2006

Entry into force for Switzerland on 26 November 2006

(State on 23 February 2015)

Art. 1 Purpose

The purpose of this Convention is to promote cooperation in order to prevent and combat transnational organized crime more effectively.

Art. 2 Terminology

For the purposes of this Convention:

(a)
The term "organized criminal group" means a structured group of three or more persons who have existed for some time and acting in concert to commit one or more serious offences or offences established in accordance with the Convention, to derive, directly or indirectly, a financial benefit or other material benefit;
(b)
The term "serious offence" means an act which constitutes an offence punishable by deprivation of liberty, the maximum of which must not be less than four years or a heavier penalty;
(c)
The term "structured group" means a group that has not been randomly assigned to commit an offence immediately and does not necessarily have roles formally defined for its members, continuity in its composition or Elaborate structure;
(d)
The term "property" means all types of assets, whether tangible or intangible, movable or immovable, tangible or intangible, as well as legal acts or documents evidencing ownership of such assets or related rights;
(e)
The term "proceeds of crime" means any property arising directly or indirectly from the commission of an offence or obtained directly or indirectly by the commission;
(f)
The terms "freezing" or "seizure" refer to the temporary prohibition of the transfer, conversion, disposition or movement of property, or the temporary assumption of custody or control of property on the decision of a court or other Competent authority;
(g)
The term "confiscation" means the permanent dispossession of property on the decision of a court or other competent authority;
(h)
The term "predicate offence" means any offence as a result of which a product is generated, which is likely to become the subject of an offence defined in s. 6 of this Convention;
(i)
The term "supervised delivery" means the method of allowing the passage through the territory of one or more States of unlawful or suspected consignments, to the knowledge and control of the competent authorities of those States, in view Investigate an offence and identify the persons involved in its commission;
(j)
The term "regional economic integration organization" means any organisation constituted by sovereign states in a given region, to which its member States have transferred powers in respect of matters governed by the This Convention and which has been duly empowered, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the Convention; references in this Convention to "States Parties" shall apply to these Organizations within the limits of their jurisdiction.
Art. 3 Scope of application

1. This Convention shall apply, unless otherwise provided, to the prevention, investigation and prosecution of:

(a)
Offences established in accordance with ss. 5, 6, 8 and 23 of this Convention; and
(b)
Serious offences as defined in s. 2 of this Convention;

Where such offences are transnational in nature and an organized criminal group is involved.

2. For the purposes of s. 1 of this Article, an offence is of a transnational nature if:

(a)
It is committed in more than one state;
(b)
It is committed in a State but a substantial part of its preparation, planning, conduct or control takes place in another State;
(c)
It is committed in a state but involves an organized criminal group that engages in criminal activities in more than one state; or
(d)
It is committed in one State but has substantial effects in another State.
Art. 4 Protection of sovereignty

States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and the territorial integrity of States and with that of non-intervention in cases In other states.

(2) Nothing in this Convention entitles a State Party to exercise in the territory of another State a jurisdiction and functions which are exclusively reserved for the authorities of that other State by its domestic law.

Art. 5 Criminalization of participation in an organized criminal group

Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:

(a)
In any or both of the following acts, as separate criminal offences from those involving attempted criminal activity or consumption:
(i)
An agreement with one or more persons for the purpose of committing a serious offence to an end directly or indirectly related to the obtaining of a financial benefit or other material advantage and, where required by domestic law, involving a Act committed by one of the participants under this agreement or involving an organized criminal group,
(ii)
The active participation of a person who is aware of the purpose and general criminal activity of an organized criminal group or of his or her intention to commit the offences in question:
A.
Criminal activities of the organized criminal group,
B.
Other activities of the organized criminal group when this person knows that his or her participation will contribute to the achievement of the above criminal purpose;
(b)
Organizing, directing, facilitating, encouraging or promoting through assistance or advice the commission of a serious offence involving an organized criminal group.

2. The knowledge, intent, purpose, motivation or arrangement referred to in s. 1 of this Article may be inferred from objective factual circumstances.

3. States parties whose domestic law makes the establishment of the offences referred to in para. A (i) of s. 1 of this article to the involvement of an organised criminal group shall ensure that their domestic law covers all serious offences involving organised criminal groups. These States Parties, as well as States Parties whose domestic law makes the establishment of the offences referred to in para. A (i) of s. 1 of this article to the commission of an act under the agreement shall bear this information to the knowledge of the Secretary-General of the United Nations at the time when they sign this Convention or deposit their instruments of Ratification, acceptance or approval or accession.

Art. 6 Criminalization of the laundering of proceeds of crime

(1) Each State Party shall adopt, in accordance with the fundamental principles of its domestic law, the legislative and other measures necessary to confer the character of a criminal offence, where the act was committed intentionally:

(a) (i) the conversion or transfer of property, including that which is known to be the proceeds of crime, for the purpose of concealing or disguising the illicit origin of such property or of aiding any person who is involved in the commission of The main offence to escape the legal consequences of its actions,
(ii)
The concealment or disguise of the true nature, origin, location, disposition, movement or ownership of property or rights in respect of which the author knows that they are the proceeds of the crime;
(b)
And, subject to the fundamental concepts of its legal system:
(i)
The acquisition, possession or use of property of which the person who acquires, owns or uses it knows, at the time it receives them, that they are the proceeds of crime,
(ii)
Participation in any of the offences established in accordance with this Article or any other association, agreement, attempt or complicity in the provision of assistance, assistance or advice with a view to its commission.

2. For the purposes of applying s. 1 of this article:

(a)
Each State Party shall endeavour to apply s. 1 of this article to the widest range of predicate offences;
(b)
Each State Party shall include in the predicate offences all serious offences as defined in Art. 2 of this Convention and the offences established in accordance with its art. 5, 8 and 23. In the case of States Parties whose legislation contains a list of specific predicate offences, they include, at a minimum, a full range of offences relating to organised crime groups;
(c)
For the purposes of para. b, the main offences include offences committed within and outside the territory under the jurisdiction of the State Party in question. However, an offence committed outside the jurisdiction of a State Party constitutes a principal offence only where the relevant act is a criminal offence under the domestic law of the State in which it was Committed and would constitute a criminal offence under the domestic law of the State Party applying this article if it had been committed in its territory;
(d)
Each State Party shall provide to the Secretary-General of the United Nations a copy of its laws which give effect to this Article and a copy of any subsequent amendment to those laws or a description thereof, and Subsequent changes;
(e)
Where the fundamental principles of the domestic law of a State Party so require, it may be disposed of the offences set forth in s. 1 of this Article shall not apply to persons who have committed the main offence;
(f)
Knowledge, intent or motivation as an element of an offence set out in s. 1 of this article may be inferred from objective factual circumstances.
Art. 7 Measures to combat money laundering

1. Each State Party shall:

(a)
Establishes a comprehensive internal regulatory and supervisory regime for banks and non-bank financial institutions, as well as, where appropriate, other entities that are particularly vulnerable to money laundering, within the limits of its competence, To prevent and detect all forms of money laundering, which focuses on the requirements for customer identification, registration of transactions and reporting of suspicious transactions;
(b)
Shall ensure, without prejudice to art. 18 and 27 of this Convention, that the administrative, regulatory, law enforcement and other authorities responsible for the fight against money-laundering (including, when provided for by its domestic law, the authorities ) are in a position to cooperate and exchange information at the national and international levels, in accordance with the conditions laid down by its domestic law, and, to that end, consider the establishment of a financial intelligence service which will serve as an office. A national centre for the collection, analysis and dissemination of information about possible Money laundering operations.

2. States Parties shall consider implementing feasible measures for the detection and monitoring of the cross-border movement of appropriate negotiable species and negotiable instruments, subject to safeguards to ensure proper use Information and without obstructing the movement of legal capital in any way. In particular, individuals and businesses may be required to report cross-border transfers of large quantities of suitable negotiable species and negotiable instruments.

3. When establishing an internal system of regulation and control under this Article, and without prejudice to any other article of this Convention, the States Parties shall be invited to take the initiatives Relevant regional, interregional and multilateral organizations in the fight against money laundering.

States Parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation between the judicial authorities, law enforcement authorities and financial regulators in Fight against money laundering.

Art. 8 Criminalization of corruption

Each State Party shall adopt such legislative and other measures as may be necessary to establish the character of a criminal offence, where the acts were committed intentionally:

(a)
By promising, offering or giving to a public official, directly or indirectly, an unfair advantage, for himself or another person or entity, to carry out or refrain from performing an act in the performance of his or her duties Official;
(b)
For a public official to solicit or accept, directly or indirectly, an unfair advantage for himself or another person or entity, in order to accomplish or refrain from performing an act in the performance of his or her official duties.

(2) Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences the acts referred to in s. 1 of this article involving a foreign public official or an international civil servant. Similarly, each State party envisages giving the character of criminal offences to other forms of corruption.

(3) Each State Party shall also adopt the measures necessary to confer the character of a criminal offence on the surrender of an offence established in accordance with this Article.

4. For the purposes of s. 1 of this Article and of Art. 9 of this Convention, the term "public official" means a public official or a person providing a public service, such as that term is defined in domestic law and applied in the criminal law of the State Party where the person in question exercises This function.

Art. Measures against corruption

1. In addition to the measures set out in s. 8 of this Convention, each State Party, as appropriate and in accordance with its legal system, shall adopt effective legislative, administrative or other measures to promote integrity and prevent, detect and punish the Bribery of public officials.

2. Each State Party shall take measures to ensure that its authorities act effectively in the prevention, detection and suppression of the corruption of public officials, including by giving them sufficient independence to prevent Any inappropriate influence on their actions.

Art. 10 Liability of legal persons

Each State Party shall adopt the necessary measures, in accordance with its legal principles, to establish the liability of legal persons who participate in serious offences involving an organised criminal group and who commit the Offences established in accordance with ss. 5, 6, 8 and 23 of this Convention.

2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.

3. This responsibility is without prejudice to the criminal liability of the natural persons who have committed the offences.

4. Each State Party shall, in particular, ensure that legal persons held liable in accordance with this Article are subject to effective, proportionate and dissuasive sanctions of a criminal or non-criminal nature, including sanctions Financial.

Art. 11 Prosecution, judgement and sanctions

(1) Each State Party shall make the commission of an offence established in accordance with art. 5, 6, 8 and 23 of this Convention, subject to penalties that take into account the seriousness of the offence.

(2) Each State Party shall endeavour to ensure that any discretionary judicial power conferred by its domestic law relating to the prosecution of individuals for offences covered by this Convention is In order to maximise the effectiveness of measures for the detection and enforcement of such offences, taking due account of the need to act as a deterrent to their commission.

3. As regards offences established in accordance with Art. 5, 6, 8 and 23 of this Convention, each State Party shall take appropriate measures in accordance with its domestic law and with due regard to the rights of the defence, in order to ensure that the conditions under which decisions are made The need to ensure the presence of the defendant in the subsequent criminal proceedings is taken into account in the case of release pending trial or appeal.

4. Each State Party shall ensure that its courts or other competent authorities bear in mind the seriousness of the offences covered by this Convention when considering the possibility of an early or conditional release of persons Convicted of these offences.

5. Where appropriate, each State Party shall, within the framework of its domestic law, determine an extended period of limitation during which proceedings may be instituted by the head of one of the offences covered by this Convention, Period being longer when the alleged offender has withdrawn from the court.

Nothing in this Convention shall affect the principle that the definition of offences established in accordance with this Convention and the applicable legal means of defence and other legal principles governing the The legality of the offences is governed exclusively by the domestic law of a State Party and according to which the said offences are prosecuted and punished in accordance with the law of that State Party.

Art. 12 Confiscation and seizure

States Parties shall adopt, as far as possible within the framework of their national legal systems, the measures necessary to enable confiscation:

(a)
Proceeds of crime from offences covered by this Convention or property whose value corresponds to that of that product;
(b)
Goods, materials and other instruments used or intended for use in the offences covered by this Convention.

2. States Parties shall adopt the measures necessary to enable the identification, location, freezing or seizure of all matters referred to in subs. 1 of this article for the purposes of possible confiscation.

3. If the proceeds of crime have been transformed or converted, in whole or in part, into other goods, the latter may be subject to the measures referred to in this Article instead of the said product.

4. If the proceeds of crime have been mixed with property acquired legitimately, such property, without prejudice to any freezing or seizure powers, may be confiscated to the extent of the estimated value of the product involved.

5. The income or other benefits derived from the proceeds of crime, the goods in which the product has been converted or converted, or the property to which it has been mixed may also be the subject of the measures referred to in this Article, in the same manner and in The same as the proceeds of crime.

6. For the purposes of this Article and Art. 13 of this Convention, each State Party shall enable its courts or other competent authorities to order the production or seizure of bank, financial or commercial documents. States Parties may not rely on bank secrecy to refuse to give effect to the provisions of this paragraph.

7. States Parties may consider requiring the perpetrator of an offence to establish the lawful origin of the alleged proceeds of crime or other property that may be subject to confiscation, to the extent that this requirement is consistent with the principles of Their domestic law and the nature of judicial proceedings and other procedures.

8. The interpretation of the provisions of this Article shall in no way affect the rights of bona fide third parties.

9. Nothing in this Article shall affect the principle that the measures referred to therein shall be defined and enforced in accordance with the domestic law of each State Party and in accordance with the provisions of that right.

Art. 13 International cooperation for the purpose of confiscation

1. As far as possible within the framework of its national legal system, a State Party which has received from another State Party with jurisdiction to deal with an offence covered by this Convention a request for confiscation of the proceeds of the Crime, property, material or other instruments referred to in s. 1 of the art. 12 of this Convention, which are located on its territory:

(a)
Transmits the request to its competent authorities for the purpose of issuing a confiscation order and, if it intervenes, to enforce it; or
(b)
Shall transmit to its competent authorities, in order for it to be carried out within the limits of the application, the confiscation order taken by a court located in the territory of the requesting State Party in accordance with par. 1 of the art. 12 of this Convention, in respect of proceeds of crime, property, material or other instruments referred to in s. 1 of the art. 12 located in the territory of the requested State Party.

(2) Where an application is made by another State Party which has jurisdiction over an offence covered by this Convention, the State Party shall take measures to identify, locate and freeze or seize the proceeds of crime, Goods, equipment or other instruments referred to in s. 1 of the art. 12 of this Convention, with a view to a possible confiscation to order either by the requesting State Party or as a result of a request made under s. 1 of this Article, by the requested State Party.

3. The provisions of s. 18 of this Convention shall apply Mut A Sinti In this article. In addition to the information referred to in s. 15 of art. 18, requests made in accordance with this Article shall contain:

(a)
Where the application falls under para. A from s. 1 of this article, a description of the property to be confiscated and a statement of the facts on which the requesting State Party is based, enabling the requested State Party to make a confiscation order within the framework of its domestic law;
(b)
Where the application falls under para. B at par. 1 of this Article, a legally admissible copy of the confiscation order made by the requesting State Party on which the application is based, a statement of the facts and information indicating within which limits it is requested to execute The decision;
(c)
Where the application is under s. 2 of this Article, a statement of the facts on which the requesting State Party is based and a description of the measures requested.

4. Decisions or measures provided for in s. 1 and 2 of this Article shall be taken by the State Party required in accordance with its domestic law and in accordance with the provisions of that right, and in accordance with its rules of procedure or any treaty, bilateral or multilateral agreement or arrangement binding it to The requesting State Party.

5. Each State Party shall provide to the Secretary-General of the United Nations a copy of its laws and regulations which give effect to this Article and a copy of any subsequent amendment to those laws and regulations or a copy thereof. A description of these laws, regulations and subsequent amendments.

6. If a State Party decides to make the measures referred to in subs. 1 and 2 of this article to the existence of a treaty in this respect, it considers this Convention to be a necessary and sufficient treaty basis.

7. A State Party may refuse to give effect to a request for cooperation under this Article in the event that the offence to which it relates is not an offence covered by this Convention.

8. The interpretation of the provisions of this Article shall in no way affect the rights of bona fide third parties.

States Parties shall consider concluding bilateral or multilateral treaties, agreements or arrangements in order to enhance the effectiveness of international cooperation established for the purposes of this article.

Art. 14 Disposition of confiscated proceeds of crime or property

1. A State Party that confiscate proceeds of crime or property pursuant to s. 12 or by. 1 of the art. 13 of this Convention shall dispose of it in accordance with its domestic law and administrative procedures.

(2) Where the States Parties act at the request of another State Party pursuant to Art. 13 of this Convention, they shall, to the extent that their domestic law permits and if the request is made to them, consider, as a matter of priority, the return of the proceeds of crime or property confiscated to the requesting State Party, so that The latter may compensate the victims of the offence or return the proceeds of crime or property to their rightful owners.

(3) Where a State Party acts at the request of another State Party under Art. 12 and 13 of this Convention, it may consider in particular to conclude agreements or arrangements providing for:

(a)
To pay the value of that good or property, or the funds from their sale, or any part thereof, to the account established pursuant to para. C from s. 2 of the art. 30 of this Convention and of intergovernmental bodies specialized in the fight against organized crime;
(b)
To share with other States parties, systematically or on a case-by-case basis, this product or property, or the funds derived from their sale, in accordance with its domestic law or administrative procedures.
Art. 15 Jurisdiction

(1) Each State Party shall adopt the measures necessary to establish its jurisdiction in respect of offences established in accordance with art. 5, 6, 8 and 23 of this Convention in the following cases:

(a)
Where the offence is committed on its territory; or
(b)
Where the offence is committed on board a ship flying its flag or on board an aircraft registered in accordance with its domestic law at the time the offence is committed.

2. Subject to s. 4 of this Convention, a State Party may also establish its jurisdiction in respect of any of these offences in the following cases:

(a)
Where the offence is committed against one of its nationals;
(b)
Where the offence is committed by one of its nationals or by a stateless person ordinarily resident in its territory; or
(c)
Where the offence is:
(i)
One of those established pursuant to subsection (1). 1 of the art. 5 of this Convention and is committed outside its territory for the purpose of the commission, in its territory, of a serious offence,
(ii)
One of those established pursuant to para. B (ii) of s. 1 of the art. 6 of this Convention and is committed outside its territory for the commission, in its territory, of an offence established in accordance with paras. A (i) or (ii), or (b) (i) of s. 1 of the art. 6 of this Convention.

3. For the purposes of s. 10 of the art. 16 of this Convention, each State Party shall adopt the measures necessary to establish its jurisdiction in respect of the offences covered by this Convention when the alleged offender is on its territory and does not extradite that person Person on the sole ground that she is one of its nationals.

4. Each State Party may also adopt the measures necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is on its territory and does not extradite him.

5. If a State Party exercising its jurisdiction under s. 1 or 2 of this article has been notified, or has learned otherwise, that one or more other States parties are conducting an investigation or have instituted proceedings or judicial proceedings concerning the same act, the competent authorities of those States Parties shall consult each other, as appropriate, to coordinate their actions.

6. Without prejudice to the norms of general international law, this Convention shall not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Art. 16 Extradition

1. This Article applies to offences covered by this Convention or in cases where an organized criminal group is involved in an offence under para. A or b of s. 1 of the art. 3 and that the person who is the subject of the extradition request is in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of the requesting State party and Of the requested State Party.

(2) If the request for extradition relates to several separate serious offences, some of which are not covered by this article, the requested State Party may also apply that article to the latter offences.

(3) Each of the offences to which this Article applies shall be in full law included in any extradition treaty in force between the States Parties as an offence for which the author may be extradited. States Parties undertake to include such offences as extraditable offences in any extradition treaty that they enter into between them.

4. If a State Party which makes extradition conditional on the existence of a treaty receives a request for the extradition of a State Party with which it has not concluded such a treaty, it may consider this Convention as the legal basis for extradition for The offences to which this section applies.

5. States Parties which make extradition conditional on the existence of a treaty:

(a)
At the time of deposit of their instrument of ratification, acceptance, approval or accession to this Convention, indicate to the Secretary-General of the United Nations whether they consider this Convention the legal basis To cooperate on extradition with other States Parties; and
(b)
If they do not consider this Convention as the legal basis for cooperation in the field of extradition, they shall endeavour, where appropriate, to conclude extradition treaties with other States Parties in order to apply this Article.

6. States Parties which do not make extradition conditional on the existence of a treaty shall recognize among themselves the offences to which this Article applies the character of an offence for which the author may be extradited.

7. Extradition shall be subject to the conditions laid down by the domestic law of the State Party required or by the applicable extradition treaties, including, inter alia, the conditions concerning the minimum penalty required for extradition and the reasons for Which the requested State Party may refuse extradition.

8. States Parties shall endeavour, subject to their domestic law, to expedite extradition procedures and to simplify the requirements for proof of extradition in respect of the offences to which this Article applies.

9. Subject to the provisions of its domestic law and the extradition treaties it has concluded, the requested State Party may, at the request of the requesting State Party, and if it considers that the circumstances justify it and that it is urgent, Detention of a person present in his or her territory for which extradition is requested or take other appropriate measures to ensure that he is present during the extradition proceedings.

10. A State Party in whose territory the alleged perpetrator of the offence is located, if it does not extradite that person in respect of an offence to which this Article applies solely on the ground that it is one of its nationals, shall The request of the State Party requesting the extradition, to submit the case without undue delay to its competent authorities for the purpose of prosecution. The said authorities shall take their decision and conduct the proceedings in the same manner as for any other serious offence under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, including in matters of procedure and evidence, in order to ensure the effectiveness of the proceedings.

11. Where a State Party, under its domestic law, is not permitted to extradite or otherwise surrender any of its nationals only if that person is subsequently returned to that State Party to serve the sentence imposed after the Proceedings or proceedings at the origin of the request for extradition or surrender, and where that State Party and the requesting State party agree on that option and other conditions which they may deem appropriate, such extradition or surrender Is sufficient for the performance of the obligation set out in s. 10 of this article.

12. If extradition, requested for the purpose of enforcement of a sentence, is refused because the person who is the subject of that application is a national of the requested State Party, the latter, if his domestic law permits, in accordance with the Provisions of this right and at the request of the requesting State Party, envisages the execution of the sentence which has been pronounced in accordance with the domestic law of the requesting State Party, or the balance of that sentence.

13. Any person subject to prosecution for any of the offences to which this Article applies shall be guaranteed fair treatment at all stages of the proceedings, including the enjoyment of all rights And all the guarantees provided for in the internal law of the State Party in whose territory it is located.

14. Nothing in this Convention shall be construed as requiring the requested State Party to extradite if it has serious grounds to believe that the application has been made for the purpose of prosecuting or punishing a person in Because of his or her sex, race, religion, nationality, ethnic origin or political opinion, or as a result of that request would cause harm to that person for any of these reasons.

15. States Parties may not refuse a request for extradition on the sole ground that the offence is also regarded as affecting tax matters.

16. Before refusing extradition, the requested State Party shall consult, where appropriate, the requesting State Party in order to give it any opportunity to present its views and to provide information in support of its allegations.

17. States Parties shall endeavour to conclude bilateral and multilateral agreements or arrangements to enable extradition or to increase its effectiveness.

Art. 17 Transfer of sentenced persons

States Parties may consider entering into bilateral or multilateral agreements or arrangements relating to the transfer of persons sentenced to imprisonment or other custodial sentences on their territory Of offences covered by this Convention so that they may serve the remainder of their sentence.

Art. 18 Mutual Legal Assistance

1. States Parties shall afford each other the widest measure of mutual legal assistance in the investigation, prosecution and prosecution of offences covered by this Convention, as provided for in Art. 3, and reciprocally agree on similar mutual assistance where the requesting State party has reasonable grounds to suspect that the offence referred to in para. A or b of s. 1 of the art. 3 is of a transnational nature, including when the victims, witnesses, product, instruments or evidence of such offences are in the requested State Party and an organized criminal group is involved.

2. The widest possible legal assistance shall be granted, as long as the relevant laws, treaties, agreements and arrangements of the requested State Party permit, in the course of investigations, prosecutions and judicial proceedings concerning offences of which A legal person may be held liable in the requesting State Party, in accordance with Art. 10 of this Convention.

Mutual legal assistance granted under this Article may be requested for the following purposes:

(a)
To collect testimony or testimony;
(b)
Serve judicial acts;
(c)
Conduct searches and seizures, as well as gels;
(d)
Examine objects and visit places;
(e)
Provide information, exhibits and expert estimates;
(f)
Provide originals or certified copies of relevant documents and records, including administrative, banking, financial or commercial documents and corporate records;
(g)
Identify or locate proceeds of crime, property, instruments or other things to gather evidence;
(h)
Facilitate the voluntary appearance of persons in the requesting State Party;
(i)
Provide any other type of assistance compatible with the domestic law of the requested State Party.

4. Without prejudice to its domestic law, the competent authorities of a State Party may, without prior request, communicate information concerning criminal cases to a competent authority of another State Party, if they believe that such Information may assist it in undertaking or concluding investigations and criminal proceedings, or may cause the latter State Party to make an application under this Convention.

5. The provision of information in accordance with paragraph 5. 4 of this Article shall be without prejudice to investigations and criminal proceedings in the State for which the competent authorities provide the information. The competent authorities receiving such information shall accede to any request that the said information be kept confidential, even temporarily, or that its use be subject to restrictions. However, this does not prevent the State Party receiving the information from disclosing information at the disposal of an accused during the judicial proceedings. In the latter case, the State Party receiving the information shall notify the State Party which communicates it before the disclosure and, if requested, shall consult the latter. If, in an exceptional case, a prior notification is not possible, the State Party which receives the information shall inform the State Party without delay of its disclosure.

6. The provisions of this Article shall in no way affect the obligations arising from any other bilateral or multilateral treaty governing, in whole or in part, mutual legal assistance.

7. The s. 9 to 29 of this Article shall apply to requests made in accordance with this Article if the States Parties in question are not bound by a mutual legal assistance treaty. If those States Parties are bound by such a treaty, the corresponding provisions of that Treaty shall apply, unless the States Parties agree to apply the provisions of s. 9 to 29 of this article. States Parties are strongly encouraged to apply these paragraphs if they facilitate cooperation.

8. States Parties may not rely on bank secrecy to refuse mutual legal assistance provided for in this Article.

9. States Parties may rely on the absence of dual criminality to refuse to comply with a request for mutual legal assistance under this Article. The requested State Party may, however, where it deems it appropriate, provide such assistance, to the extent that it so decides, irrespective of whether or not the act constitutes an offence in accordance with the domestic law of the requested State Party.

10. Any person detained or serving a sentence in the territory of a State Party, the presence of which is required in another State Party for the purpose of identification or testimony or for the purpose of providing otherwise The obtaining of evidence in the course of investigations, prosecutions or judicial proceedings relating to the offences covered by this Convention may be transferred if the following conditions are met:

(a)
The said person consents freely and in full knowledge of cause;
(b)
The competent authorities of the two States Parties concerned shall consent, subject to such conditions as those States Parties may deem appropriate.

11. For purposes of s. 10 of this article:

(a)
The State Party to which the transfer is made has the power and the obligation to hold the person in custody, unless requested or otherwise authorized by the State Party from which the person was transferred;
(b)
The State Party to which the transfer is effected shall discharge without delay the obligation to furnish the person concerned to the custody of the State Party from which the transfer has been made, in accordance with what has been agreed beforehand or The competent authorities of the two States Parties will have otherwise decided;
(c)
The State Party to which the transfer is made shall not require the State Party from which the transfer is made that it undertakes an extradition procedure in order for the person concerned to be surrendered;
(d)
Account shall be taken of the period of time spent in detention in the State Party to which he has been transferred for the purposes of the count of the sentence to be served in the State Party from which he was transferred.

12. Unless the State Party from which a person is to be transferred under s. 10 and 11 of this Article shall not give its consent, that person, irrespective of his nationality, shall not be prosecuted, detained, punished or subjected to other restrictions on his freedom of movement in the territory of the State Party to which she is Due to acts, omissions or convictions prior to its departure from the territory of the State Party from which it was transferred.

Each State Party shall designate a central authority which has the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. If a State Party has a special region or territory with a different system of mutual legal assistance, it may designate a separate central authority which will have the same function for that region or territory. The central authorities shall ensure the timely and proper execution or transmission of applications received. If the central authority forwards the request to a competent authority for implementation, it shall encourage the prompt and proper execution of the request by the competent authority. The central authority designated for this purpose shall be notified to the Secretary-General of the United Nations at the time each State Party deposits its instruments of ratification, acceptance or approval, or Of accession to this Convention. Requests for mutual legal assistance and any communication relating thereto shall be transmitted to the central authorities designated by the States Parties. This provision shall be without prejudice to the right of any State Party to require that such requests and communications be addressed to it through diplomatic channels and, in the event of an emergency, if the States Parties agree, through the intermediary of The International Criminal Police Organization, if possible.

14. Requests shall be made in writing or, if possible, by any other means capable of producing a written document, in a language acceptable to the requested State Party, in conditions permitting the State Party to establish its authenticity. The language or languages acceptable to each State Party shall be notified to the Secretary-General of the United Nations at the time the State Party deposits its instruments of ratification, acceptance or approval or accession to the Present Convention. In the event of an emergency and if the States Parties agree, requests may be made orally but must be confirmed without delay in writing.

15. A request for mutual legal assistance shall contain the following information:

(a)
The designation of the authority from which the application originates;
(b)
The purpose and nature of the investigation, prosecution or judicial proceeding to which the application relates, and the name and functions of the authority responsible for the application;
(c)
A summary of the relevant facts, except for requests for service of judicial documents;
(d)
A description of the assistance required and details of any special procedures which the requesting State party wishes to see applied;
(e)
If possible, the identity, address and nationality of the person concerned; and
(f)
The purpose in which the testimony, information or measures are requested.

The requested State Party may request further information where it appears necessary to carry out the application in accordance with its domestic law or where this may facilitate the execution of the application.

17. Any application shall be executed in accordance with the domestic law of the requested State Party and, to the extent that it does not contravene the domestic law of the requested State Party and where possible, in accordance with the procedures specified in the Request.

18. Where possible and in accordance with the fundamental principles of domestic law, if a person who is in the territory of a State Party must be heard as a witness or expert by the judicial authorities of another State Party, The first State Party may, at the request of the other, allow its hearing by videoconference if it is not possible or desirable for it to appear in person in the territory of the requesting State Party. States Parties may agree that the hearing shall be conducted by a judicial authority of the requesting State Party and that a judicial authority of the requested State Party shall attend.

19. The requesting State Party shall not communicate or use the information or evidence provided by the State Party required for investigations, prosecutions or judicial proceedings other than those referred to in the application without consent The requested State Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing, during the proceedings, information or evidence on discharge. In the latter case, the requesting State Party shall notify the State Party required before the disclosure and, if requested, shall consult the requested State Party. If, in an exceptional case, prior notification is not possible, the requesting State Party shall without delay inform the requested State Party of the disclosure.

The requesting State Party may require that the requested State Party keep the confidentiality of the request and its contents, except to the extent necessary to execute it. If the requested State Party is unable to comply with this requirement, it shall without delay inform the requesting State Party.

Mutual legal assistance may be refused:

(a)
If the application is not made in accordance with the provisions of this Article;
(b)
If the requested State Party considers that the execution of the application is likely to affect its sovereignty, security, public order or other essential interests;
(c)
In the event that the domestic law of the requested State Party would prohibit its authorities from taking the action requested in the case of a similar offence under investigation, prosecution or judicial proceedings as part of its Own competence;
(d)
In the event that it is contrary to the legal system of the State Party required concerning mutual legal assistance to accept the request.

22. States Parties may not refuse a request for mutual legal assistance on the sole ground that the offence is also regarded as affecting tax matters.

23. Any refusal of mutual legal assistance must be justified.

24. The requested State Party shall execute the request for mutual legal assistance as promptly as possible and shall take into account, as far as possible, any time-limits suggested by the requesting State Party and which are motivated, preferably in the request. The requested State Party shall respond to the reasonable requests of the requesting State Party concerning the progress made in the execution of the application. Where the requested assistance is no longer required, the requesting State Party shall promptly inform the requested State Party.

25. Mutual legal assistance may be postponed by the requested State Party on the grounds that it would impede an ongoing investigation, prosecution or judicial proceeding.

26. Before refusing an application under s. 21 of this article or deferring its execution under its s. 25, the requested State Party shall study with the requesting State Party the possibility of granting assistance subject to such conditions as it deems necessary. If the requesting State Party accepts the assistance subject to these conditions, it shall comply with those conditions.

27. Without prejudice to the application of s. 12 of this article, a witness, an expert or another person who, at the request of the requesting State Party, consents to file during a proceeding or to cooperate in an investigation, prosecution or judicial proceeding in the territory of The requesting State Party shall not be prosecuted, detained, punished or subjected to other restrictions on its personal freedom in that territory because of acts, omissions or convictions prior to its departure from the territory of the requested State Party. Such immunity shall cease when the witness, the expert or the person who has had, for a period of 15 consecutive days or for any other period agreed upon by the States Parties, from the date on which they were officially informed that Their presence was no longer required by the judicial authorities, the possibility of leaving the territory of the requesting State party, nevertheless remained voluntarily or, having left it, returned voluntarily.

The ordinary costs incurred in executing an application shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. Where significant or extraordinary expenses are or are subsequently revealed to be necessary for the execution of the request, the States Parties shall consult each other to determine the conditions under which the application will be executed, as well as the manner in which Costs will be borne.

29. The State Party required:

(a)
Provides the requesting State Party with copies of records, documents or administrative information in its possession to which, under its domestic law, the public has access;
(b)
May, at its discretion, provide the requesting State Party in full, in part or on such terms and conditions as it considers appropriate, copies of any records, documents or administrative information in its possession to which, under its domestic law, the Public does not have access.

States Parties shall consider, where appropriate, the possibility of concluding bilateral or multilateral agreements or arrangements that serve the objectives and provisions of this Article, give them practical effect or strengthen them.

Art. 19 Joint investigations

States Parties shall consider concluding bilateral or multilateral agreements or arrangements under which, for cases subject to investigation, prosecution or judicial proceedings in one or more States, the authorities Concerned may establish joint investigation bodies. In the absence of such agreements or arrangements, joint investigations may be decided on a case-by-case basis. The States Parties concerned shall ensure that the sovereignty of the State Party in whose territory the investigation is to be conducted is fully respected.

Art. Special Investigative Techniques

1. If the fundamental principles of its national legal system permit, each State Party, taking into account its possibilities and in accordance with the conditions prescribed in its domestic law, shall take the necessary measures to enable the appeal Appropriate for controlled deliveries and, where appropriate, the use of other special investigative techniques, such as electronic surveillance or other forms of surveillance and undercover operations, by its authorities Competent in its territory in order to combat crime effectively Organization.

2. For the purposes of investigating offences covered by this Convention, States Parties are encouraged to conclude, if necessary, appropriate bilateral or multilateral agreements or arrangements for the use of investigative techniques In the framework of international cooperation. Such agreements or arrangements shall be concluded and applied in full respect of the principle of the sovereign equality of States and shall be implemented in strict compliance with the provisions contained therein.

3. In the absence of agreements or arrangements referred to in s. 2 of this Article, decisions on the use of special investigative techniques at the international level shall be taken on a case-by-case basis and may, if necessary, take into account financial arrangements and arrangements for the exercise of their competence By the States Parties concerned.

4. The controlled deliveries to which it is decided to use the international level may include, with the consent of the States Parties concerned, methods such as the interception of goods and the authorisation of the pursuit of their Movement, without alteration or after subtraction or replacement of all or part of these goods.

Art. Transfer of criminal proceedings

States Parties shall consider the possibility of transferring to each other the proceedings relating to the prosecution of an offence covered by this Convention in cases where such transfer is deemed necessary in the interest of good administration Of justice and, in particular, where several courts are concerned, with a view to centralising prosecutions.

Art. Establishment of judicial history

Each State Party may adopt such legislative or other measures as may be necessary to take into account, in the conditions and for the purposes it deems appropriate, any conviction of which the alleged perpetrator of an offence has previously made The object in another State, in order to use that information in the course of criminal proceedings relating to an offence covered by this Convention.

Art. Criminalization of obstruction of justice

Each State Party shall adopt such legislative and other measures as are necessary to establish the character of a criminal offence, where the acts were committed intentionally:

(a)
The use of physical force, threats or intimidation, or promise, offer or give an unfair advantage in order to obtain false testimony or to prevent testimony or the presentation of evidence in proceedings in Report to the commission of offences covered by this Convention;
(b)
The use of physical force, threats or intimidation to prevent a law enforcement officer or law enforcement officer from carrying out the duties of their duties at the commission of offences covered by the Present Convention. Nothing in this paragraph shall affect the right of States Parties to have legislation to protect other categories of public officials.
Art. 24 Protection of witnesses

(1) Each State Party shall take, within the limits of its means, appropriate measures to ensure effective protection against possible acts of retaliation or intimidation of witnesses who, in criminal proceedings, bear witness to Concerning the offences covered by this Convention and, where appropriate, their parents and other persons close to them.

2. The measures envisaged in s. 1 of this Article may be, in particular, without prejudice to the rights of the defendant, including the right to due process:

(a)
To establish, for the physical protection of such persons, procedures, including, as appropriate and to the extent possible, to provide them with a new domicile and to enable, where appropriate, information concerning their identity And the place where they are located is not disclosed or that their disclosure is limited;
(b)
To provide rules of evidence that enable witnesses to file in a manner that guarantees their safety, including allowing them to file by means of communication techniques such as video links or other appropriate means.

States Parties shall consider concluding arrangements with other States with a view to providing a new domicile to the persons mentioned in s. 1 of this article.

4. The provisions of this Article shall also apply to victims when they are witnesses.

Art. 25 Granting of assistance and protection to victims

(1) Each State Party shall take, within the limits of its means, appropriate measures to assist and grant protection to the victims of offences covered by this Convention, in particular in cases of threat of reprisals or Intimidation.

(2) Each State Party shall establish appropriate procedures to enable victims of offences covered by this Convention to obtain redress.

Each State Party, subject to its domestic law, shall ensure that the opinions and concerns of the victims are presented and taken into account at the appropriate stages of the criminal proceedings against the perpetrators, in a manner that Does not prejudice the rights of the defence.

Art. 26 Measures to strengthen cooperation with law enforcement agencies

Each State Party shall take appropriate measures to encourage persons participating in or participating in organised criminal groups:

(a)
Provide relevant information to the competent authorities for the purpose of investigating and seeking evidence on such matters as:
(i)
The identity, nature, composition, structure or activities of organized crime groups, or where they are located,
(ii)
Links, including international linkages, with other organized crime groups,
(iii)
Offences that organized criminal groups have committed or may commit;
(b)
Provide factual and concrete assistance to the competent authorities, which could help to deprive organized criminal groups of their resources or the proceeds of crime.

(2) Each State Party shall consider providing for the possibility, in appropriate cases, of relieving the penalty of a defendant who cooperates substantially in the investigation or prosecution of an offence covered by the present Convention.

(3) Each State Party shall consider providing for the possibility, in accordance with the fundamental principles of its domestic law, of granting immunity from prosecution to a person who cooperates substantially in the investigation or prosecution of a Offence covered by this Convention.

4. The protection of such persons shall be ensured as provided for in Art. 24 of this Convention.

5. Where a person is subject to s. 1 of this Article and is situated in a State Party may provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider concluding agreements or arrangements, in accordance with their Internal law, concerning the possible grant by the other State of the treatment described in s. 2 and 3 of this article.

Art. 27 Cooperation between law enforcement agencies

States Parties shall cooperate closely, in accordance with their respective legal and administrative systems, with a view to enhancing the effectiveness of the detection and enforcement of the offences covered by this Convention. In particular, each State Party shall adopt effective measures to:

(a)
To strengthen or, where necessary, establish channels of communication between its competent authorities, bodies and services to facilitate the safe and expeditious exchange of information on all aspects of the offences covered by this Convention, including Including, if deemed appropriate by the States Parties concerned, the links with other criminal activities;
(b)
Cooperate with other States Parties with regard to the offences covered by this Convention in the conduct of investigations concerning the following points:
(i)
Identity and activities of persons suspected of involvement in such offences, where they are or where the other persons concerned are located,
(ii)
The movement of proceeds of crime or property from the commission of such offences,
(iii)
Movement of goods, materials or other instruments used or intended for use in the commission of such offences;
(c)
Provide, where appropriate, the parts or quantities of substances necessary for analysis or investigation;
(d)
Facilitate effective coordination between relevant authorities, agencies and services and facilitate the exchange of personnel and experts, including, subject to the existence of bilateral agreements or arrangements between the States parties concerned, The posting of liaison officers;
(e)
To exchange information with other States Parties on the specific means and processes employed by organised crime groups, including, where appropriate, on routes and means of transport and on the use of false Identities, modified or falsified documents or other means of concealing their activities;
(f)
To exchange information and to coordinate administrative and other measures taken, as appropriate, to detect offences covered by this Convention as soon as possible.

2. In order to give effect to this Convention, States Parties shall consider concluding bilateral or multilateral agreements or arrangements providing for direct cooperation between their law enforcement agencies and, where such Agreements or arrangements already exist, to be amended. In the absence of such agreements or arrangements between the States Parties concerned, such agreements or arrangements may be based on the present Convention for the purpose of establishing cooperation in the field of detection and enforcement of offences covered by the Present Convention. Whenever appropriate, States Parties shall make full use of agreements or arrangements, including international or regional organizations, to enhance cooperation between their law enforcement agencies.

States Parties shall endeavour to cooperate, to the extent of their means, to deal with transnational organized crime perpetrated by means of modern techniques.

Art. 28 Collecting, exchanging and analysing information on the nature of organised crime

Each State Party intends to analyse, in consultation with the scientific and academic communities, trends in organised crime in its territory, the circumstances in which it operates, and the occupational groups And the techniques involved.

2. States Parties shall consider developing their capacity to analyse organized criminal activities and to share them directly with each other and through international and regional organizations. To this end, common definitions, standards and methods should be developed and applied as appropriate.

3. Each State Party shall consider following its policies and the concrete measures taken to combat organised crime and evaluate their implementation and effectiveness.

Art. Training and technical assistance

Each State Party shall establish, develop or improve, to the extent necessary, specific training programmes for the staff of its law enforcement agencies, including prosecutors, judges and judges Officers of customs, as well as other personnel responsible for the prevention, detection and punishment of offences covered by this Convention. These programs may include secondments and exchanges of personnel. They shall bear in particular, to the extent permitted by domestic law, on the following points:

(a)
Methods used to prevent, detect and combat offences covered by this Convention;
(b)
Borrowed and technical routes employed by persons suspected of involvement in offences covered by this Convention, including in transit States, and appropriate control measures;
(c)
Monitoring the movement of contraband;
(d)
Detection and monitoring of the movement of the proceeds of crime, goods, materials or other instruments, and methods of transfer, concealment or disguise of this product, of such goods, of such materials or of such other instruments, thus Methods of combating money laundering and other financial crimes;
(e)
Gathering of evidence;
(f)
Control techniques in free zones and free ports;
(g)
Modern detection and control equipment and techniques, including electronic surveillance, controlled delivery and infiltration operations;
(h)
Methods used to combat transnational organized crime perpetrated using computers, telecommunication networks or other modern techniques; and
(i)
Methods used to protect victims and witnesses.

2. States Parties shall assist each other in the planning and execution of research and training programmes designed to exchange specialized knowledge in the fields referred to in subs. 1 of this article and, to this end, also take advantage, where appropriate, of regional and international conferences and seminars to foster cooperation and stimulate exchanges of views on common problems, including problems And special needs of transit states.

States Parties shall encourage training and technical assistance activities to facilitate extradition and mutual legal assistance. These training and technical assistance activities may include language training, secondments and exchanges between the staff of the central authorities or bodies with responsibilities in the areas concerned.

4. Where existing bilateral and multilateral agreements or arrangements are in place, States Parties shall strengthen, as necessary, the measures taken to optimize operational and training activities within organizations And in the context of other bilateral and multilateral agreements or arrangements in this field.

Art. Other measures: implementation of the Convention through economic development and technical assistance

States Parties shall take measures to ensure the best possible application of this Convention through international cooperation, taking into account the negative effects of organized crime on society in general, and on the Sustainable development in particular.

2. States Parties shall make concrete efforts, to the extent possible, and in coordination with each other and with regional and international organizations:

(a)
To develop their cooperation at different levels with developing countries, with a view to enhancing their capacity to prevent and combat transnational organized crime;
(b)
To increase financial and material assistance to developing countries in support of their efforts to effectively combat transnational organized crime and to assist them in the implementation of this Convention Successfully;
(c)
To provide technical assistance to developing countries and countries with economies in transition to assist them in meeting their needs for the implementation of this Convention. To this end, States Parties shall endeavour to make voluntary and adequate contributions to an account established for that purpose within the framework of a United Nations financing mechanism. States Parties may also specifically consider, in accordance with their domestic law and the provisions of this Convention, to pay to the above account a percentage of the funds or the corresponding value of proceeds of crime or property Confiscated pursuant to the provisions of this Convention;
(d)
To encourage and persuade other States and financial institutions, as appropriate, to associate themselves with the efforts made in accordance with this article, in particular by providing developing countries with more training programmes and Of modern equipment in order to help them achieve the objectives of this Convention.

As far as possible, these measures are taken without prejudice to existing commitments in the field of foreign assistance or other arrangements for financial cooperation at bilateral, regional or international level.

States Parties may conclude bilateral or multilateral agreements or arrangements on material and logistical assistance, taking into account the financial arrangements necessary to ensure the effectiveness of the means of cooperation To prevent, detect and combat transnational organized crime.

Art. Prevention

States Parties shall endeavour to develop and evaluate national projects and to establish and promote best practices and policies to prevent transnational organized crime.

2. In accordance with the fundamental principles of their domestic law, States Parties shall endeavour to reduce, through legislative, administrative or other appropriate measures, the present or future possibilities of organized criminal groups Participate in the activity of licit markets by using the proceeds of crime. These measures should focus on:

(a)
The strengthening of cooperation between law enforcement agencies or prosecutors and private entities concerned, in particular in the industry;
(b)
The promotion of the development of standards and procedures to preserve the integrity of public entities and private entities concerned, as well as codes of conduct for the professions concerned, in particular lawyers, notaries, Tax and accounting advisor;
(c)
The prevention of the improper use by organised criminal groups of public authorities' tendering procedures and of subsidies and licences granted by public authorities for a commercial activity;
(d)
Prevention of improper use by organised criminal groups of legal persons; these measures could include:
(i)
The establishment of public registers of the legal and natural persons involved in the creation, management and financing of legal persons,
(ii)
The possibility of the removal of persons convicted of offences covered by this Convention, by a court order or by any appropriate means, for a reasonable period, of the right to direct legal persons constituted on their Territory,
(iii)
The establishment of national registers of persons deprived of the right to lead legal persons, and
(iv)
The exchange of information contained in the registers referred to in subparagraphs (i) and (iii) of this paragraph with the competent authorities of the other States Parties.

States Parties shall endeavour to promote the reintegration into society of persons convicted of offences covered by this Convention.

4. States Parties shall endeavour to assess periodically the relevant legal instruments and administrative practices with a view to determining whether they contain gaps that enable organized criminal groups to make improper use of them.

5. States Parties shall endeavour to raise public awareness of the existence, causes and gravity of transnational organized crime and the threat it represents. They may do so, as appropriate, through the media and by adopting measures to promote public participation in prevention and control activities.

Each State Party shall communicate to the Secretary-General of the United Nations the name and address of the authority or authorities that may assist other States Parties in the development of crime prevention measures Transnational organized.

7. States Parties shall cooperate, as appropriate, with each other and with relevant regional and international organizations in order to promote and develop the measures referred to in this Article. As such, they participate in international projects aimed at preventing transnational organized crime, for example by acting on the factors that make socially marginalized groups vulnerable to the action of this crime.

Art. 32 Conference of the Parties to the Convention

1. A Conference of the Parties to the Convention is established to improve the capacity of States Parties to combat transnational organized crime and to promote and review the implementation of this Convention.

2. The Secretary-General of the United Nations shall convene the Conference of the Parties no later than one year after the entry into force of this Convention. The Conference of the Parties shall adopt a rules of procedure and rules governing the activities set out in s. 3 and 4 of this Article (including rules on the financing of expenditure incurred in respect of such activities).

The Conference of the Parties shall establish mechanisms for achieving the objectives set out in s. 1 of this article, in particular:

(a)
It facilitates the activities carried out by States parties under Art. 29, 30 and 31 of this Convention, including by encouraging the mobilization of voluntary contributions;
(b)
It facilitates the exchange of information between States Parties on the characteristics and trends of transnational organized crime and effective practices for combating it;
(c)
Cooperating with regional and international organizations and relevant non-governmental organizations;
(d)
It shall examine at regular intervals the application of this Convention;
(e)
It makes recommendations for the improvement of this Convention and its implementation;

4. For the purposes of paras. D and e of s. 3 of this Article, the Conference of the Parties shall take into account the measures adopted and the difficulties encountered by the States Parties in applying this Convention using the information communicated to it and the mechanisms Further examination that it may establish.

5. Each State Party shall communicate to the Conference of the Parties, as required, information on its programmes, plans and practices, as well as its legislative and administrative measures to implement this Convention.

Art. 33 Secretariat

The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the Parties to the Convention.

2. The secretariat:

(a)
Assists the Conference of the Parties in carrying out the activities set out in s. 32 of this Convention, shall make arrangements and provide the necessary services for the sessions of the Conference of the Parties;
(b)
Shall assist States Parties, upon their request, to provide information to the Conference of the Parties as provided for in par. 5 of the art. 32 of this Convention; and
(c)
Ensures the necessary coordination with the secretariat of relevant regional and international organizations.
Art. 34 Implementation of the Convention

(1) Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with the fundamental principles of its domestic law, to ensure the fulfilment of its obligations under this Convention.

2. Offences established pursuant to s. 5, 6, 8 and 23 of this Convention shall be established in the domestic law of each State Party irrespective of their transnational nature or the involvement of a criminal group as set out in s. 1 of the art. 3 of this Convention, except to the extent that, in accordance with Art. 5 of this Convention would be required for the involvement of an organized criminal group.

(3) Each State Party may adopt more stringent or stricter measures than those provided for in this Convention in order to prevent and combat transnational organized crime.

Art. 35 Dispute Settlement

States Parties shall endeavour to settle disputes concerning the interpretation or application of this Convention by negotiation.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled by negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to Arbitration. If, within six months of the date of the request for arbitration, the States Parties are unable to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice in A request in accordance with the Statute of the Court.

(3) Each State Party may, at the time of signature, ratification, acceptance or approval of this Convention or accession to it, declare that it does not consider itself bound by s. 2 of this article. The other States Parties are not bound by s. 2 of this Article to any State Party having issued such a reservation.

4. Any State Party which has issued a reservation under s. 3 of this article may withdraw it at any time by sending a notification to the Secretary-General of the United Nations.

Art. 36 Signature, ratification, acceptance, approval and accession

This Convention shall be open for signature by all States from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York, until 12 December 2002.

2. This Convention shall also be open for signature by regional economic integration organizations on the condition that at least one member State of such an organization has signed this Convention in accordance with par. 1 of this article.

3. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instruments of ratification, acceptance or approval if at least one of its member states has done so. In this instrument of ratification, acceptance or approval, this Organization shall declare the extent of its competence in matters governed by this Convention. It shall also inform the depositary of any relevant changes in the scope of its competence.

(4) This Convention shall be open for accession by any State or regional economic integration organization of which at least one Member State is a party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of accession, a regional economic integration organization shall declare the extent of its competence in matters governed by this Convention. It shall also inform the depositary of any relevant changes in the scope of its competence.

Art. Relationship to protocols

1. This Convention may be supplemented by one or more protocols.

2. To become party to a protocol, a State or regional economic integration organization shall also be a party to this Convention.

(3) A State Party to this Convention shall not be bound by a Protocol unless it becomes party to the Protocol in accordance with the provisions of the Protocol.

4. Any Protocol to this Convention shall be interpreted in conjunction with this Convention, taking into account the subject matter of this Protocol.

Art. 38 Entry into force

(1) This Convention shall enter into force on the ninetieth day after the date of the deposit of the fortieth instrument of ratification, acceptance, approval or accession. For the purposes of this paragraph, none of the instruments deposited by a regional economic integration organization shall be considered as an instrument in addition to the instruments already deposited by the member States of that organization.

2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the fortieth instrument, this Convention shall enter into force the thirtieth Day after the date of deposit of the relevant instrument by that State or organization.

Art. 39 Amendment

At the expiration of five years from the entry into force of this Convention, a State Party may propose an amendment and file it with the Secretary-General of the United Nations. The latter shall then communicate the proposed amendment to the States Parties and the Conference of the Parties to the Convention for the consideration of the proposal and the adoption of a decision. The Conference of the Parties shall make every effort to reach a consensus on any amendment. If all efforts to that end have been exhausted without agreement, it will be necessary, as a last resort, for the amendment to be adopted, a vote by a two-thirds majority of the States Parties present at the Conference of the Parties and expressing Their vote.

2. Regional economic integration organizations shall have, in order to exercise, under this Article, their right to vote in matters which fall within their competence, by a number of votes equal to the number of their member States party to the Present Convention. They shall not exercise their right to vote if their member states exercise theirs, and vice versa.

3. An amendment adopted in accordance with paragraph 3. 1 of this Article shall be subject to ratification, acceptance or approval by the States Parties.

4. An amendment adopted in accordance with paragraph 1. 1 of this Article shall enter into force for a State Party ninety days after the date of deposit by the State Party to the Secretary-General of the United Nations of an instrument of ratification, acceptance or Approval of the amendment.

5. An amendment entered into force is binding on the States Parties which have expressed their consent to be bound by it. The other States Parties shall remain bound by the provisions of this Convention and any earlier amendments which they have ratified, accepted or approved.

Art. 40 Denunciation

1. A State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.

2. A regional economic integration organization shall cease to be a party to this Convention when all its member States have denounced it.

3. The denunciation of this Convention in accordance with paragraph 1. 1 of this Article shall cause the denunciation of any Protocol thereto.

Art. Depositary and Languages

The Secretary-General of the United Nations shall be the depositary of this Convention.

2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

In witness whereof , the undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.

(Suivent signatures)

Scope of application February 23, 2015 2

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

Afghanistan

24 September

2003

24 October

2003

South Africa *

20 February

2004

21 March

2004

Albania

August 21

2002

29 September

2003

Algeria *

7 October

2002

29 September

2003

Germany

14 June

2006

July 14

2006

Andorra *

22 September

2011

22 October

2011

Angola

1 Er April

2013

1 Er May

2013

Antigua and Barbuda

24 July

2002

29 September

2003

Saudi Arabia *

January 18

2005

17 February

2005

Argentina *

19 November

2002

29 September

2003

Armenia

1 Er July

2003

29 September

2003

Australia

27 May

2004

26 June

2004

Austria

23 September

2004

23 October

2004

Azerbaijan *

30 October

2003

29 November

2003

Bahamas *

26 September

2008

26 October

2008

Bahrain *

7 June

2004 A

7 July

2004

Bangladesh *

July 13

2011 A

August 12

2011

Barbados

11 November

2014

11 December

2014

Belarus *

25 June

2003

29 September

2003

Belgium

August 11

2004

10 September

2004

Belize *

26 September

2003 A

26 October

2003

Benin

August 30

2004

29 September

2004

Bolivia *

10 October

2005

9 November

2005

Bosnia and Herzegovina

24 April

2002

29 September

2003

Botswana

29 August

2002

29 September

2003

Brazil

29 January

2004

28 February

2004

Brunei

25 March

2008 A

24 April

2008

Bulgaria

5 December

2001

29 September

2003

Burkina Faso

15 May

2002

29 September

2003

Burundi

24 May

2012

23 June

2012

Cambodia

12 December

2005

11 January

2006

Cameroon

February 6

2006

8 March

2006

Canada *

13 May

2002

29 September

2003

Cape Verde

July 15

2004

August 14

2004

Chile

29 November

2004

29 December

2004

China *

23 September

2003

23 October

2003

Hong Kong

27 September

2006

27 September

2006

Macao

23 September

2003

23 October

2003

Cyprus

22 April

2003

29 September

2003

Colombia *

August 4

2004

3 September

2004

Comoros

September 25

2003 A

25 October

2003

Congo, Kinshasa

28 October

2005 A

27 November

2005

Costa Rica

24 July

2003

29 September

2003

Côte d' Ivoire

25 October

2012

24 November

2012

Croatia

24 January

2003

29 September

2003

Cuba *

February 9

2007

March 11

2007

Denmark A

September 30

2003

30 October

2003

Djibouti

20 April

2005 A

20 May

2005

Dominica

17 May

2013 A

June 16

2013

Egypt

March 5

2004

April 4

2004

El Salvador *

18 March

2004

April 17

2004

United Arab Emirates *

7 May

2007

6 June

2007

Ecuador *

September 17

2002

29 September

2003

Eritrea *

September 25

2014 A

25 October

2014

Spain *

1 Er March

2002

29 September

2003

Estonia

10 February

2003

29 September

2003

United States *

3 November

2005

3 December

2005

Ethiopia *

July 23

2007

22 August

2007

Finland

10 February

2004

March 11

2004

France

29 October

2002

29 September

2003

Gabon

15 December

2004 A

14 January

2005

Gambia

5 May

2003

29 September

2003

Georgia

September 5

2006

5 October

2006

Ghana

August 21

2012 A

September 20

2012

Greece *

11 January

2011

10 February

2011

Grenada

21 May

2004 A

20 June

2004

Guatemala

September 25

2003

25 October

2003

Guinea

9 November

2004 A

9 December

2004

Guinea-Bissau

10 September

2007

10 October

2007

Equatorial Guinea

7 February

2003

29 September

2003

Guyana

September 14

2004 A

14 October

2004

Haiti

19 April

2011

19 May

2011

Honduras

2 December

2003

1 Er January

2004

Hungary

22 December

2006

21 January

2007

Cook Islands

March 4

2004 A

3 April

2004

Marshall Islands

5 November

2010 A

5 December

2010

India *

5 May

2011

4 June

2011

Indonesia *

20 April

2009

20 May

2009

Iraq

March 17

2008 A

April 16

2008

Ireland

17 June

2010

17 July

2010

Iceland

13 May

2010

12 June

2010

Israel *

27 December

2006

26 January

2007

Italy

2 August

2006

1 Er September

2006

Jamaica

29 September

2003

29 October

2003

Jordan

22 May

2009

21 June

2009

Kazakhstan

July 31

2008

August 30

2008

Kenya

June 16

2004 A

July 16

2004

Kyrgyzstan

2 October

2003

1 Er November

2003

Kiribati

September 15

2005 A

15 October

2005

Kuwait

12 May

2006

11 June

2006

Laos *

26 September

2003 A

26 October

2003

Lesotho

24 September

2003

24 October

2003

Latvia

7 December

2001

29 September

2003

Lebanon

5 October

2005

4 November

2005

Liberia

22 September

2004 A

22 October

2004

Libya

18 June

2004

18 July

2004

Liechtenstein

20 February

2008

21 March

2008

Lithuania *

9 May

2002

29 September

2003

Luxembourg

12 May

2008

11 June

2008

Macedonia *

12 January

2005

February 11

2005

Madagascar

September 15

2005

15 October

2005

Malaysia *

24 September

2004

24 October

2004

Malawi

March 17

2005

April 16

2005

Maldives

4 February

2013 A

6 March

2013

Mali

12 April

2002

29 September

2003

Malta

24 September

2003

24 October

2003

Morocco

19 September

2002

29 September

2003

Mauritius

April 21

2003

29 September

2003

Mauritania

July 22

2005 A

August 21

2005

Mexico

March 4

2003

29 September

2003

Micronesia *

24 May

2004 A

23 June

2004

Moldova *

16 September

2005

October 16

2005

Monaco

5 June

2001

29 September

2003

Mongolia

27 June

2008 A

27 July

2008

Montenegro

23 October

2006 S

3 June

2006

Mozambique

September 20

2006

20 October

2006

Myanmar *

30 March

2004 A

29 April

2004

Namibia

August 16

2002

29 September

2003

Nauru

July 12

2012

August 11

2012

Nepal *

December 23

2011

22 January

2012

Nicaragua

9 September

2002

29 September

2003

Niger

September 30

2004

30 October

2004

Nigeria

28 June

2001

29 September

2003

Niue

July 16

2012 A

August 15

2012

Norway

23 September

2003

23 October

2003

New Zealand B

19 July

2002

29 September

2003

Oman

13 May

2005 A

12 June

2005

Uganda

March 9

2005

April 8

2005

Uzbekistan *

9 December

2003

8 January

2004

Pakistan *

13 January

2010

12 February

2010

Palestine

2 January

2015 A

1 Er February

2015

Panama *

August 18

2004

September 17

2004

Paraguay

22 September

2004

22 October

2004

Netherlands C

26 May

2004

25 June

2004

Aruba

January 18

2007

January 18

2007

Curaçao

9 September

2010

9 September

2010

Caribbean (Bonaire, Sint Eustatius and Saba)

9 September

2010

9 September

2010

Sint Maarten

9 September

2010

9 September

2010

Peru

23 January

2002

29 September

2003

Philippines

28 May

2002

29 September

2003

Poland

12 November

2001

29 September

2003

Portugal

10 May

2004

9 June

2004

Qatar *

10 March

2008 A

April 9

2008

Central African Republic

September 14

2004 A

14 October

2004

Dominican Republic

26 October

2006

25 November

2006

Czech Republic

24 September

2013

24 October

2013

Romania

4 December

2002

29 September

2003

United Kingdom

February 9

2006

March 11

2006

Bermuda

August 5

2014

August 5

2014

Gibraltar

27 November

2007

27 November

2007

Guernsey

17 December

2014

17 December

2014

Falkland Islands

11 January

2007

11 January

2007

Isle of Man

1 Er June

2012

1 Er July

2012

Cayman Islands

17 May

2012

June 16

2012

British Virgin Islands

17 May

2012

June 16

2012

Jersey

17 December

2014

17 December

2014

Russia *

26 May

2004

25 June

2004

Rwanda

26 September

2003

26 October

2003

Saint Kitts and Nevis

21 May

2004

20 June

2004

San Marino

July 20

2010

19 August

2010

Holy See *

25 January

2012 A

24 February

2012

Saint Vincent and the Grenadines

29 October

2010

28 November

2010

Saint Lucia

July 16

2013

August 15

2013

Samoa

17 December

2014 A

16 January

2015

Sao Tome and Principe

12 April

2006 A

12 May

2006

Senegal

27 October

2003

26 November

2003

Serbia

September 6

2001

29 September

2003

Seychelles

22 April

2003

29 September

2003

Sierra Leone

August 12

2014

11 September

2014

Singapore *

August 28

2007

27 September

2007

Slovakia *

3 December

2003

2 January

2004

Slovenia

21 May

2004

20 June

2004

Sudan

10 December

2004

9 January

2005

Sri Lanka

22 September

2006

22 October

2006

Sweden

April 30

2004

30 May

2004

Switzerland

27 October

2006

26 November

2006

Suriname

25 May

2007 A

24 June

2007

Swaziland

24 September

2012

24 October

2012

Syria *

April 8

2009

8 May

2009

Tajikistan

July 8

2002

29 September

2003

Tanzania

24 May

2006

23 June

2006

Chad

August 18

2009 A

September 17

2009

Thailand *

17 October

2013

16 November

2013

Timor-Leste

9 November

2009 A

9 December

2009

Togo

July 2

2004

1 Er August

2004

Tonga

3 October

2014 A

2 November

2014

Trinidad and Tobago

6 November

2007

6 December

2007

Tunisia *

19 June

2003

29 September

2003

Turkmenistan

28 March

2005 A

April 27

2005

Turkey

25 March

2003

29 September

2003

Ukraine *

21 May

2004

20 June

2004

European Union *

21 May

2004

20 June

2004

Uruguay

March 4

2005

3 April

2005

Vanuatu

4 January

2006 A

3 February

2006

Venezuela *

13 May

2002

29 September

2003

Vietnam *

8 June

2012

July 8

2012

Yemen *

February 8

2010

10 March

2010

Zambia

24 April

2005 A

24 May

2005

Zimbabwe

12 December

2007

11 January

2008

*
Reservations and declarations.
Reservations and declarations (the * of the above application does not include the notifications of the States Parties concerning the central authorities, according to Art. 18, para. 13 as well as notifications to art. 5, para. 3, art. 16, para. 5 A And 5 B , art. 18, para. 14, and art. 31, para. 6).
The reservations, declarations and notifications of the States parties to the above mentioned articles are not published in the RO, except for those of Switzerland. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.
A
The Convention does not apply to Greenland and the Faroe Islands.
B
The Convention does not apply to Tokelau.

C For the Kingdom in Europe.

Notification under Art. 18

Switzerland

The central authority designated by Switzerland to receive requests for mutual legal assistance, pursuant to s. 18, para. 13 of the Convention is:

Federal Office of Justice

CH-3003 Berne

Pursuant to Art. 18, para. 14 of the Convention, the requests for mutual legal assistance and the documents attached to it must be sent to Switzerland at the same time as their certified translation into French, German or Italian, if they have not been established in the Of these languages.


RO 2006 5861 ; FF 2005 6269


1 Art. 1 al. 1 let. A of June 23, 2006 ( RO 2006 5859 ).
2 RO 2006 5861 , 2007 3751 5193, 2008 4057, 2010 1525, 2011 3309, 2012 1495 5605, 2013 1587, 2014 3193, 2015 753. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status February 23, 2015