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RS 0.353.22 International Convention of 9 December 1999 for the Suppression of the Financing of Terrorism (with annex)

Original Language Title: RS 0.353.22 Convention internationale du 9 décembre 1999 pour la répression du financement du terrorisme (avec annexe)

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0.353.22

Original text

International Convention for the Suppression of the Financing of Terrorism

Concluded in New York on 9 December 1999
Approved by the Federal Assembly on March 12, 2003 1
Instrument of ratification deposited by Switzerland on 23 September 2003
Entry into force for Switzerland on 23 October 2003

(State on 29 April 2014)

Preamble

The States Parties to this Convention,

Bearing in mind the purposes and principles of the Charter of the United Nations 2 Concerning the maintenance of international peace and security and the development of good-neighbourliness, friendship and cooperation among States,

Deeply concerned by the proliferation of terrorist acts throughout the world in all its forms and manifestations,

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations, contained in General Assembly resolution 50/6 of 24 October 1995,

Recalling also all relevant General Assembly resolutions, including resolution 49/60 of 9 December 1994 and its annex to the Declaration on Measures to Eliminating International Terrorism, in which States Members of the United Nations have solemnly reaffirmed that they categorically condemn as criminal and unjustifiable all terrorist acts, methods and practices wherever they occur and wherever they occur Authors, in particular those who compromise friendly relations between states and Peoples and threaten the territorial integrity and security of States,

Noting that, in the Declaration on Measures to Eradicle International Terrorism, the Assembly also encouraged States to consider urgently the scope of existing international legal provisions relating to prevention, The suppression and elimination of terrorism in all its forms and manifestations, in order to ensure that there is a general legal framework covering all aspects of the issue,

Recalling General Assembly resolution 51/210 of 17 December 1996, para. (f) of s. 3 of which the Assembly has invited States to take measures to prevent and prevent, by appropriate internal means, the financing of terrorists or terrorist organisations, whether directly or indirectly Through organizations that also have or claim to have a charitable, cultural or social purpose, or who are also involved in illegal activities such as illicit arms trafficking, drug trafficking and extortion Funds, including the exploitation of persons for the purpose of financing terrorist activities, And in particular consider, if necessary, to adopt regulations to prevent and prevent movements of funds suspected of being destined for terrorist purposes, without in any way impeding the free movement of capital And to intensify the exchange of information on the international movements of such funds,

Recalling also General Assembly resolution 52/165 of 15 December 1997, in which the Assembly invited States to consider in particular the implementation of measures such as those listed in paras. (a) to (f) of s. 3 of its resolution 51/210 of 17 December 1996,

Recalling further General Assembly resolution 53/108 of 8 December 1998, by which the Assembly decided that the Ad Hoc Committee established by its resolution 51/210 of 17 December 1996 would elaborate a draft international convention for The suppression of the financing of terrorism in order to complement existing international instruments dealing with terrorism,

Whereas the financing of terrorism is a matter of grave concern to the entire international community,

Noting that the number and severity of acts of international terrorism are a function of the financial resources that terrorists can obtain,

Noting also that existing multilateral legal instruments do not specifically address the financing of terrorism,

Convinced of the urgent need to strengthen international cooperation among States in the preparation and adoption of effective measures to prevent the financing of terrorism and to suppress it by prosecuting and punishing Authors,

Agreed to the following:

Art. 1

For the purposes of this Convention:

"Funds" means property of any kind, tangible or intangible, movable or immovable, acquired by any means, and any legal documents or instruments in any form, including in electronic form or Digital, which attest to a right of ownership or interest in such property, including bank credits, traveller's cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit, without That this enumeration is exhaustive.

"Government or public installation" means any installation or means of transport, of a permanent or temporary nature, which is used or occupied by representatives of a State, members of the Government, the Parliament or the Officers or staff of a State or of any other public authority or entity, or by agents or staff of an intergovernmental organization, in the course of their official duties.

3. "Products" means any funds drawn, directly or indirectly, from the commission of an offence as provided for in s. 2, or obtained, directly or indirectly, through the commission of such an offence.

Art. 2

1. An offence under this Convention any person who, by any means, directly or indirectly, unlawfully and deliberately, provides or brings together funds with the intention of seeing them used or in the knowledge They will be used, in whole or in part, for the purpose of:

(a)
An act which constitutes an offence under the gaze and in accordance with the definition of one of the treaties listed in the Annex;
(b)
Any other act intended to kill or seriously injure a civilian, or any other person who is not directly involved in hostilities in a situation of armed conflict, where, by its nature or context, this act is intended to intimidate a population or To compel a government or an international organization to perform or refrain from doing any act.
2.
(a) by depositing its instrument of ratification, acceptance, approval or accession, a State Party which is not a party to a treaty listed in the annex referred to in para. (a) para. 1 of this Article may declare that, where this Convention is applied to it, the said Treaty shall be deemed not to be included in that Annex. This declaration lapses upon the entry into force of the Treaty for the State Party, which shall notify the depositary;
(b)
Where a State Party ceases to be a party to a treaty listed in the Annex, it may make the declaration provided for in this Article in respect of that Treaty.

3. In order for an act to constitute an offence within the meaning of s. 1, it is not necessary for the funds to have actually been used to commit an offence under paras. (a) or (b) of s. 1 of this article.

4. Also commits an offence who attempts to commit an offence within the meaning of s. 1 of this article.

5. A person also commits an offence who:

(a)
Participates as an accomplice to an offence within the meaning of s. 1 or 4 of this article;
(b)
Organises the commission of an offence within the meaning of s. 1 or 4 of this article or gives the order to others to commit it;
(c)
Contributes to the commission of one or more of the offences referred to in s. 1 or 4 of this article by a group of persons acting in concert. This competition must be deliberate and must:
(i)
Be aimed at facilitating the criminal activity of the group or serving the purpose, where such activity or purpose involves the commission of an offence within the meaning of s. 1 of this article;
(ii)
Be provided knowing that the group intends to commit an offence within the meaning of s. 1 of this article.
Art. 3

This Convention shall not apply where the offence is committed within a single State, that the alleged perpetrator is a national of that State and is in the territory of that State, and that no other State has any reason, under s. 1 or by. 2 of the art. 7, to establish its jurisdiction, on the understanding that the provisions of s. 12 to 18, as appropriate, apply in such cases.

Art. 4

Each State Party shall take such measures as may be necessary to:

(a)
Establish criminal offences under its domestic law for the offences referred to in s. 2;
(b)
To punish appropriate penalties for their seriousness.
Art. 5

1. Each State Party, in accordance with the principles of its domestic law, shall take the necessary measures to ensure that the liability of a legal person situated in its territory or incorporated under its law is engaged when a person Responsible for the direction or control of that legal entity has, in that capacity, committed an offence under s. 2. This responsibility may be criminal, civil or administrative.

2. It is committed without prejudice to the criminal liability of the natural persons who have committed the offences.

(3) Each State Party shall, in particular, ensure that legal persons whose liability is engaged under s. 1 shall be subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. These penalties may include monetary penalties.

Art. 6

Each State Party shall adopt such measures as may be necessary, including, where appropriate, legislative measures, so that the criminal acts covered by this Convention may under no circumstances be justified by considerations of Political, philosophical, ideological, racial, ethnic, religious or other similar motives.

Art. 7

(1) Each State Party shall adopt such measures as may be necessary to establish its jurisdiction in respect of offences referred to in s. 2 when:

(a)
The offence was committed in its territory;
(b)
The offence was committed on board a ship flying its flag or aircraft registered in accordance with its law at the time of the offence; or
(c)
The offence was committed by one of its nationals.

(2) Each State Party may also establish jurisdiction over such offences where:

(a)
The offence was or was intended to result in the commission of an offence under s. 2, para. 1, para. (a) or (b) in its territory or against any of its nationals;
(b)
The offence was or was intended to result in the commission of an offence under s. 2, para. 1, para. (a) or (b), against a government or public installation of the said State outside its territory, including its diplomatic or consular premises;
(c)
The offence was or was intended to result in the commission of an offence under s. 2, para. 1, para. (a) or (b) in order to compel the person to perform any act or refrain from doing so;
(d)
The offence was committed by a stateless person having his or her habitual residence in his or her territory;
(e)
The offence was committed on board an aircraft operated by the Government of that State.

3. Upon ratification, acceptance or approval of this Convention or accession to this Convention, each State Party shall inform the Secretary-General of the United Nations of the competence it has established in accordance with the By. 2. In the event of any change, the State Party concerned shall immediately inform the Secretary-General.

4. Each State Party shall also adopt such measures as may be necessary to establish its jurisdiction in respect of offences referred to in s. 2 in cases where the alleged offender is in his territory and where he does not extradite him to any of the States Parties which have established their jurisdiction in accordance with s. 1 or a par. 2.

5. Where more than one State Party has jurisdiction in respect of an offence referred to in s. 2, the States Parties concerned shall endeavour to coordinate their action as appropriate, in particular with regard to the conditions for the initiation of proceedings and the arrangements for mutual legal assistance.

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

Art. 8

1. Each State Party shall adopt, in accordance with the principles of its domestic law, the measures necessary for the identification, detection, freezing or seizure of any funds used or intended for use in the commission of the offences referred to in Art. 2, as well as the proceeds of such offences, for the purpose of possible confiscation.

(2) Each State Party shall adopt, in accordance with the principles of its domestic law, the measures necessary for the confiscation of the funds used or intended for use in the commission of offences referred to in s. 2, as well as the proceeds of these offences.

3. Each State Party concerned may consider entering into agreements to share with other States parties, systematically or on a case-by-case basis, the funds derived from the confiscations referred to in this Article.

4. Each State Party shall consider establishing mechanisms for the allocation of sums from the confiscations referred to in this Article to compensation for victims of offences referred to in Art. 2, para. 1, para. (a) or (b), or their family.

The provisions of this Article shall be applied without prejudice to the rights of bona fide third parties.

Art.

1. When it is informed that the author or alleged perpetrator of an offence referred to in s. 2 may be located in its territory, the State Party concerned shall take the measures which may be necessary in accordance with its domestic legislation to investigate the facts before it.

2. If the State Party considers that the circumstances so warrant, the State Party on whose territory the alleged offender is located shall take the appropriate measures under its domestic law to ensure the presence of that person For the purpose of prosecution or extradition.

3. Any person in respect of whom the measures referred to in s. 2 of this article shall be in law:

(a)
To communicate without delay with the nearest qualified representative of the State of which it is a national or otherwise entitled to protect its rights or, if it is a stateless person, of the State in whose territory it is resident Usual;
(b)
To receive a visit from a representative of that State;
(c)
Be informed of the rights conferred on it by paras. (a) and (b) of this paragraph.

4. The rights set out in s. 3 of this Article shall be exercised within the framework of the laws and regulations of the State in whose territory the author or alleged perpetrator of the offence is located, provided that such laws and regulations shall permit the full realization of the Purpose for which the rights set out in s. 3 of this Article shall be granted.

5. The provisions of s. 3 and 4 of this Article shall be without prejudice to the right of any State Party having established its jurisdiction in accordance with para. (c) of s. 1 or al. (d) para. 2 of the art. 7 to invite the International Committee of the Red Cross to communicate with the alleged offender and to visit him.

6. Where a State Party has placed a person in detention in accordance with the provisions of this article, the State Party shall immediately notify, directly or through the Secretary-General, of such detention, as well as Of the United Nations, the States Parties which have established their jurisdiction in accordance with s. 1 or 2 of s. 7 and, if it considers it appropriate, all other interested States Parties. The State conducting the investigation referred to in para. 1 of this Article shall promptly communicate its conclusions to the said States Parties and indicate whether it intends to exercise its jurisdiction.

Art. 10

1. In cases where the provisions of s. 7 shall apply, the State Party on whose territory the alleged offender is located shall be obliged, if it does not extradite him, to submit the case, without undue delay and without any exception, whether or not the offence was committed on its To its competent authorities to initiate criminal proceedings in accordance with the procedure laid down in its legislation. These authorities shall take their decision under the same conditions as for any other offence of a serious nature in accordance with the laws of that State.

2. Whenever the domestic legislation of a State Party authorizes it to extradite or surrender a national of the State party only on the condition that the person concerned will be returned to serve the sentence to which he has been sentenced at the end of the trial or Procedure for which extradition or surrender is sought, and that this State and the State requesting extradition accept this form and the other conditions which they may deem appropriate, extradition or conditional surrender shall be valid Execution by the requested State Party of the obligation provided for in paragraph 1 of this Article.

Art. 11

1. Offences under s. 2 shall be deemed to be extraditable in any extradition treaty concluded between States Parties before the entry into force of this Convention. States Parties undertake to consider such offences as extraditable offences in any extradition treaty that may be concluded between them thereafter.

(2) A State Party which makes extradition conditional on the existence of a treaty has the right, when it receives a request for extradition from another State Party with which it is not bound by an extradition treaty, to consider this Convention as Constituting the legal basis for extradition in respect of offences under s. 2. Extradition shall be subject to the other conditions laid down by the law of the requested State.

States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences provided for in s. 2 as the case of extradition between them, without prejudice to the conditions laid down by the law of the requested State.

4. If necessary, offences under s. 2 shall be deemed, for the purposes of extradition between States Parties, to have been committed both in the place of their commission and in the territory of the States which have established their jurisdiction in accordance with s. 1 and 2 of Art. 7.

5. The provisions relating to offences under s. 2 of all treaties or extradition agreements concluded between States Parties shall be deemed to be amended between States Parties to the extent that they are incompatible with this Convention.

Art. 12

1. States Parties shall afford the widest measure of mutual legal assistance for any investigation or criminal procedure or extradition procedure relating to offences referred to in Art. 2, including for obtaining evidence in their possession that is necessary for the purposes of the proceeding.

2. States Parties may not invoke bank secrecy in order to refuse to grant a request for mutual legal assistance.

3. The requesting party shall not communicate or use the information or evidence furnished by the requested party for investigations, criminal proceedings or judicial proceedings other than those referred to in the application without the Prior consent of the requested party.

4. Each State Party may consider establishing mechanisms to share with other States Parties the information or evidence necessary to establish criminal, civil or administrative responsibilities, as provided for in Art. 5.

5. States Parties shall fulfil their obligations under s. 1 and 2 in accordance with any treaty or other mutual legal assistance agreement or exchange of information that may exist between them. In the absence of such a treaty or agreement, the States Parties shall accord themselves such assistance in accordance with their domestic legislation.

Art. 13

None of the offences referred to in s. 2 may not be considered for the purposes of extradition or mutual legal assistance as a tax offence. Consequently, States parties cannot rely solely on the fiscal character of the offence to refuse a request for mutual legal assistance or extradition.

Art. 14

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

Art. 15

Nothing in this Convention shall be construed as stating an obligation of extradition or mutual legal assistance if the requested State Party has serious grounds to believe that the request for extradition for the offences referred to in Art. 2 or the request for assistance in respect of such offences has been made for the purpose of prosecuting or punishing a person for reasons relating to his or her race, religion, nationality, ethnic origin or political opinion, or The right to the application would be prejudicial to the situation of that person for any of these reasons.

Art. 16

1. Any person detained or serving a sentence in the territory of a State Party whose presence is required in another State Party for the purpose of identification or testimony or to assist in the establishment of the facts in the Conducting an investigation or prosecution of an offence under s. 2 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 concerned consent, subject to the conditions which they may deem appropriate.

2. For the purposes of this Article:

(a)
The State 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 from which the person was transferred;
(b)
The State to which the transfer is made shall discharge without delay the obligation to surrender the person concerned to the custody of the State from which the transfer has been effected, in accordance with what has been agreed beforehand or the authorities The competent authorities of the two States will have otherwise decided;
(c)
The State to which the transfer is made shall not require the State 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 to which he was transferred for the purposes of the count of the sentence to be served in the State from which he was transferred.

3. Unless the State Party from which a person is to be transferred under this Article does not agree, that person, irrespective of his nationality, may not be prosecuted or detained or subjected to other restrictions on his Freedom of movement in the territory of the State to which it is transferred because of acts or convictions prior to its departure from the territory of the State from which it was transferred.

Art. 17

Any person in custody or against whom any other measure is taken or proceedings instituted under this Convention shall be guaranteed fair treatment and, in particular, shall enjoy all rights and benefit from all Guaranteed by the law of the State in whose territory it is located and the applicable provisions of international law, including those relating to human rights.

Art. 18

1. States Parties shall cooperate in the prevention of offences referred to in Art. 2 by taking all possible measures, in particular by adapting their domestic legislation, if necessary, in order to prevent and thwart the preparation in their respective territories of offences to be committed inside or outside Of these, including:

(a)
Measures prohibiting the unlawful activities of persons and organisations which, in knowledge of the facts, encourage, promote, organize or commit offences referred to in s. 2;
(b)
Measures requiring financial institutions and other professions involved in financial transactions to use the most effective means available to identify their regular or occasional clients, as well as Clients in whose interest an account is open, to pay particular attention to unusual or suspicious transactions and to report suspected transactions arising from criminal activities. To this end, States Parties should consider:
(i)
To adopt regulations prohibiting the opening of accounts for which the holder or the beneficiary is not identified or identifiable and measures to ensure that these institutions verify the identity of the true holders of those transactions;
(ii)
With regard to the identification of legal persons, to require financial institutions to take measures, if necessary, to verify the existence and legal structure of the client by obtaining a public or client register, or both, Proof of incorporation, including information about the client's name, legal form, address, officers, and the authority to hire the corporation;
(iii)
To adopt regulations that require financial institutions to report promptly to the competent authorities all complex, unusual and important transactions, and all unusual types of transactions, where they Have no economic or perceived legal cause, without fear of their criminal or civil liability for breach of the confidentiality rules, if they report their suspicions in good faith;
(iv)
Require financial institutions to retain, for at least five years, all necessary documents relating to both domestic and international operations.

2. The States Parties shall also cooperate in the prevention of offences referred to in Art. 2 by considering:

(a)
Measures for the supervision of all money transfer agencies, including, for example, the accreditation of such bodies;
(b)
Realistic measures to detect or monitor the cross-border physical transport of species and negotiable bearer shares, provided that they are subject to strict safeguards to ensure that information is Effectively used and in no way obstructs the free movement of capital.

3. The States Parties shall also cooperate in the prevention of offences referred to in Art. 2 by exchanging accurate and verified information in accordance with their domestic legislation and by coordinating administrative measures and other measures, if any, in order to prevent the commission of offences referred to in s. 2, including:

(a)
Establishing and maintaining channels of communication between their competent bodies and services in order to facilitate the safe and rapid exchange of information on all aspects of the offences referred to in Art. 2;
(b)
Cooperating with each other to investigate offences under s. 2 relating to:
(i)
The identity, contact details and activities of persons reasonably suspected to have participated in the commission of such offences;
(ii)
The movement of funds in relation to the commission of these offences.

4. States Parties may exchange information through the International Criminal Police Organization (Interpol).

Art. 19

The State Party in which criminal proceedings have been instituted against the alleged offender shall, under the conditions provided for in its domestic law or by the applicable procedures, communicate the final result to the Secretary-General of The United Nations, which shall inform the other States Parties.

Art.

States Parties shall fulfil their obligations under this Convention in accordance with the principles of sovereign equality and the territorial integrity of States, as well as the principles of non-interference in the internal affairs of States Parties. Other states.

Art.

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

Art.

Nothing in this Convention shall entitle a State Party to exercise in the territory of another State Party a jurisdiction or functions which are exclusively reserved for the authorities of that other State Party by its domestic law.

Art.

The Annex may be amended by adding relevant treaties with the following conditions:

(a)
Be open to the participation of all States;
(b)
Have entered into force;
(c)
Have been the subject of ratification, acceptance, approval or accession of at least 22 States party to this Convention.

2. After the entry into force of this Convention, any State Party may propose such an amendment. Any proposed amendment shall be communicated in writing to the depositary, which shall notify all the States Parties of the proposals which bring together the conditions set out in s. 1 and seeks their opinion on the adoption of the proposed amendment.

3. The proposed amendment shall be deemed to have been adopted unless one third of the States Parties object to it in writing within 180 days of its communication.

4. Once adopted, the amendment shall enter into force, for all States Parties having deposited an instrument of ratification, acceptance or approval, 30 days after the deposit of the twenty-second of those instruments. For each State Party ratifying, accepting or approving the amendment after the deposit of the twenty-second instrument, the amendment shall enter into force on the thirtieth day after the deposit by that State Party of its instrument of ratification, Acceptance or approval.

Art. 24

1. Any dispute between States Parties concerning the interpretation or application of this Convention, which cannot be settled by negotiation within a reasonable period of time, shall be referred to arbitration at the request of one of those States. If, within six months after the date of the request for arbitration, the parties fail to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice, in Filing a request in accordance with the Statute of the Court.

(2) Any State may, at the time it signs, ratifies, accepts or approves this Convention or accedes thereto, declare that it does not consider itself bound by the provisions of s. 1 of this article. The other States Parties shall not be bound by those provisions in respect of any State Party which has formulated such a reservation.

3. Any State which has made a reservation in accordance with the provisions of par. 2 of this article may withdraw it at any time by sending a notification to that effect to the Secretary-General of the United Nations.

Art. 25

(1) This Convention shall be open for signature by all States from 10 January 2000 to 31 December 2001 at United Nations Headquarters in New York.

2. This Convention 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.

(3) This Convention shall be open for accession by any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. 26

(1) This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification, acceptance, approval or accession.

2. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day After the deposit by that State of its instrument of ratification, acceptance, approval or accession.

Art. 27

1. Any State Party may denounce this Convention by sending a written notification to that effect to the Secretary-General of the United Nations.

(2) Denunciation shall take effect one year after the date on which the notification has been received by the Secretary-General of the United Nations.

Art. 28

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to all States.

In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed this Convention, which was opened for signature at United Nations Headquarters in New York on 10 January 2000.

(Suivent signatures)

Annex

1.
Convention for the Suppression of Unlawful Seizability of Aircraft 1 (The Hague, 16 December 1970).
2.
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 2 (Montreal, September 23, 1971).
3.
Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 3 , adopted by the United Nations General Assembly on 14 December 1973.
4.
International Convention against the Taking of Hostages 4 , adopted by the United Nations General Assembly on 17 December 1979.
5.
International Convention on the Physical Protection of Nuclear Material 5 (Vienna, 3 March 1980).
6.
Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation 6 , complementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, 24 February 1988).
7.
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 7 (Rome, 10 March 1988).
8.
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf 8 (Rome, 10 March 1988).
9.
International Convention for the Suppression of Terrorist Bombings, 9 Adopted by the United Nations General Assembly on 15 December 1997.


Status April 29, 2014

Scope of application on 29 April 2014 3

States Parties

Ratification

Accession (A)

Entry into force

Afghanistan

24 September

2003 A

24 October

2003

South Africa

1 Er May

2003

May 31

2003

Albania

10 April

2002

10 May

2002

Algeria *

8 November

2001

10 April

2002

Germany * *

17 June

2004

17 July

2004

Andorra *

22 October

2008

21 November

2008

Angola

9 June

2011 A

July 9

2011

Antigua and Barbuda

March 11

2002 A

10 April

2002

Saudi Arabia *

August 23

2007

22 September

2007

Argentina *

22 August

2005

21 September

2005

Armenia

March 16

2004

15 April

2004

Australia * *

26 September

2002

26 October

2002

Austria * *

15 April

2002

15 May

2002

Azerbaijan

26 October

2001

10 April

2002

Bahamas *

1 Er November

2005

1 Er December

2005

Bahrain *

21 September

2004

21 October

2004

Bangladesh *

26 August

2005 A

September 25

2005

Barbados

18 September

2002

18 October

2002

Belarus *

6 October

2004

5 November

2004

Belgium * **

17 May

2004

June 16

2004

Belize

1 Er December

2003

31 December

2003

Benin

August 30

2004

29 September

2004

Bhutan

22 March

2004

April 21

2004

Bolivia

7 January

2002

10 April

2002

Bosnia and Herzegovina

10 June

2003

10 July

2003

Botswana

8 September

2000

10 April

2002

Brazil *

16 September

2005

October 16

2005

Brunei

4 December

2002 A

3 January

2003

Bulgaria

15 April

2002

15 May

2002

Burkina Faso

1 Er October

2003 A

October 31

2003

Cambodia

12 December

2005

11 January

2006

Cameroon

February 6

2006 A

8 March

2006

Canada * *

19 February

2002

10 April

2002

Cape Verde

10 May

2002

9 June

2002

Chile *

10 November

2001

10 April

2002

China *

19 April

2006

19 May

2006

Hong Kong *

19 April

2006

19 May

2006

Macao *

19 April

2006

19 May

2006

Cyprus *

30 November

2001

10 April

2002

Colombia *

September 14

2004

14 October

2004

Comoros

September 25

2003

25 October

2003

Congo (Brazzaville)

20 April

2007

20 May

2007

Congo, Kinshasa

28 October

2005

27 November

2005

Korea (North) *

July 25

2013

August 24

2013

Korea (South)

17 February

2004

18 March

2004

Costa Rica

24 January

2003

23 February

2003

Côte d' Ivoire

13 March

2002 A

12 April

2002

Croatia *

1 Er December

2003

31 December

2003

Cuba *

15 November

2001

10 April

2002

Denmark * ** A

August 27

2002

26 September

2002

Djibouti

13 March

2006

12 April

2006

Dominica

24 September

2004 A

24 October

2004

Egypt *

1 Er March

2005

March 31

2005

El Salvador *

15 May

2003 A

14 June

2003

United Arab Emirates *

23 September

2005 A

23 October

2005

Ecuador *

9 December

2003

8 January

2004

Spain * **

April 9

2002

9 May

2002

Estonia **

22 May

2002

21 June

2002

US * **

26 June

2002

26 July

2002

Ethiopia *

20 March

2012 A

19 April

2012

Fiji

15 May

2008 A

14 June

2008

Finland * *

28 June

2002

28 July

2002

France * **

7 January

2002

10 April

2002

Gabon

10 March

2005

April 9

2005

Georgia *

27 September

2002

27 October

2002

Ghana

September 6

2002

6 October

2002

Greece * *

April 16

2004

May 16

2004

Grenada

13 December

2001 A

10 April

2002

Guatemala *

12 February

2002

10 April

2002

Guinea

July 14

2003

13 August

2003

Guinea-Bissau

19 September

2008

19 October

2008

Equatorial Guinea

7 February

2003 A

March 9

2003

Guyana

12 September

2007 A

12 October

2007

Haiti

13 January

2010 A

12 February

2010

Honduras

25 March

2003

24 April

2003

Hungary * **

14 October

2002

13 November

2002

Cook Islands *

March 4

2004

3 April

2004

Marshall Islands

27 January

2003 A

26 February

2003

India

22 April

2003

22 May

2003

Indonesia *

29 June

2006

July 29

2006

Iraq

16 November

2012 A

16 December

2012

Ireland * *

30 June

2005

July 30

2005

Iceland *

15 April

2002

15 May

2002

Israel *

10 February

2003

12 March

2003

Italy * *

March 27

2003

April 26

2003

Jamaica

16 September

2005

October 16

2005

Japan * **

11 June

2002

July 11

2002

Jordan *

August 28

2003

27 September

2003

Kazakhstan *

24 February

2003 A

26 March

2003

Kenya

27 June

2003

27 July

2003

Kyrgyzstan

2 October

2003 A

1 Er November

2003

Kiribati

September 15

2005

15 October

2005

Kuwait *

July 11

2013 A

10 August

2013

Laos

29 September

2008 A

29 October

2008

Lesotho

12 November

2001

10 April

2002

Latvia * **

14 November

2002

14 December

2002

Liberia

March 5

2003 A

April 4

2003

Libya

July 9

2002

8 August

2002

Liechtenstein

July 9

2003

8 August

2003

Lithuania *

20 February

2003 A

22 March

2003

Luxembourg *

5 November

2003

5 December

2003

Macedonia *

August 30

2004

29 September

2004

Madagascar

24 September

2003

24 October

2003

Malaysia *

29 May

2007 A

28 June

2007

Malawi

August 11

2003 A

10 September

2003

Maldives

20 April

2004 A

20 May

2004

Mali

28 March

2002

April 27

2002

Malta

11 November

2001

10 April

2002

Morocco

19 September

2002

19 October

2002

Mauritius *

14 December

2004

13 January

2005

Mauritania

April 30

2003 A

30 May

2003

Mexico

20 January

2003

19 February

2003

Micronesia

23 September

2002

23 October

2002

Moldova *

10 October

2002

9 November

2002

Monaco *

10 November

2001

10 April

2002

Mongolia

25 February

2004

26 March

2004

Montenegro

23 October

2006 S

3 June

2006

Mozambique *

14 January

2003

13 February

2003

Myanmar *

August 16

2006

September 15

2006

Namibia *

18 October

2012

17 November

2012

Nauru

24 May

2005

23 June

2005

Nepal *

December 23

2011 A

22 January

2012

Nicaragua *

14 November

2002

14 December

2002

Niger

September 30

2004 A

30 October

2004

Nigeria

June 16

2003

July 16

2003

Niue

22 June

2009 A

July 22

2009

Norway * **

July 15

2002

August 14

2002

New Zealand * B

4 November

2002

4 December

2002

Oman *

10 November

2011 A

10 December

2011

Uganda

5 November

2003

5 December

2003

Uzbekistan

July 9

2001

10 April

2002

Pakistan *

17 June

2009 A

17 July

2009

Palau

14 November

2001 A

10 April

2002

Panama

3 July

2002

2 August

2002

Papua New Guinea

September 30

2003 A

30 October

2003

Paraguay

30 November

2004

December 30

2004

Netherlands * ** C

07 February

2002

10 April

2002

Aruba *

23 March

2005

23 March

2005

Curaçao *

22 March

2010

22 March

2010

Caribbean (Bonaire, Sint Eustatius and Saba) *

22 March

2010

22 March

2010

Sint Maarten *

22 March

2010

22 March

2010

Peru

10 November

2001

10 April

2002

Philippines *

7 January

2004

February 6

2004

Poland * *

26 September

2003

26 October

2003

Portugal * *

18 October

2002

17 November

2002

Qatar *

27 June

2008 A

27 July

2008

Central African Republic

19 February

2008

20 March

2008

Dominican Republic

4 September

2008

4 October

2008

Czech Republic * *

27 December

2005

26 January

2006

Romania *

9 January

2003

February 8

2003

United Kingdom

7 March

2001

10 April

2002

Guernsey

September 25

2008

September 25

2008

Isle of Man

September 25

2008

September 25

2008

British Virgin Islands

17 May

2012

June 16

2012

Jersey

September 25

2008

September 25

2008

Russia *

27 November

2002

27 December

2002

Rwanda

13 May

2002

12 June

2002

Saint Kitts and Nevis

16 November

2001

10 April

2002

San Marino

12 March

2002

April 11

2002

Holy See *

25 January

2012 A

24 February

2012

Saint Vincent and the Grenadines *

28 March

2002

April 27

2002

Saint Lucia *

18 November

2011 A

18 December

2011

Solomon Islands

24 September

2009 A

24 October

2009

Samoa

27 September

2002

27 October

2002

Sao Tome and Principe

12 April

2006 A

12 May

2006

Senegal

24 September

2004 A

24 October

2004

Serbia

10 October

2002

9 November

2002

Seychelles

30 March

2004

29 April

2004

Sierra Leone

26 September

2003

26 October

2003

Singapore *

December 30

2002

29 January

2003

Slovakia * **

13 September

2002

13 October

2002

Slovenia

23 September

2004

23 October

2004

Sudan

5 May

2003

4 June

2003

Sri Lanka

8 September

2000

10 April

2002

Sweden * *

6 June

2002

July 6

2002

Switzerland * *

23 September

2003

23 October

2003

Suriname *

19 July

2013 A

August 18

2013

Swaziland

April 4

2003 A

4 May

2003

Syria *

24 April

2005 A

24 May

2005

Tajikistan

July 16

2004

August 15

2004

Tanzania

22 January

2003 A

21 February

2003

Thailand *

29 September

2004

29 October

2004

Togo

10 March

2003

April 9

2003

Tonga

9 December

2002 A

8 January

2003

Trinidad and Tobago *

23 September

2009 A

23 October

2009

Tunisia *

10 June

2003

10 July

2003

Turkmenistan

7 January

2005 A

February 6

2005

Turkey *

28 June

2002

28 July

2002

Ukraine

6 December

2002

5 January

2003

Uruguay

8 January

2004

7 February

2004

Vanuatu

October 31

2005 A

30 November

2005

Venezuela *

23 September

2003

23 October

2003

Vietnam *

September 25

2002 A

25 October

2002

Yemen *

3 March

2010 A

2 April

2010

Zimbabwe *

30 January

2013 A

1 Er March

2013

*

**

Reservations and declarations.

Objections.

Reservations, declarations and objections, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at: http://treaties.un.org/ or obtained at DDIP/DFAE, International Treaty Section, 3003 Berne.

A

The Convention does not apply to the Faroe Islands and Greenland.

B

The Convention does not apply to Tokelau.

C

For the kingdom in Europe.

Objection

Objection by Switzerland to the reservation made by Namibia

On 11 October 2013, Switzerland lodged the following objection with the Secretary-General of the United Nations:

The Swiss Federal Council considered the reservation formulated by the Republic of Namibia upon accession to the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999, according to which a fight conducted in accordance with the Principles of international law for the liberation of peoples or their right to self-determination, including armed struggle against colonialism, occupation, aggression and domination by foreign forces, should not be considered As a terrorist act.

The Federal Council considers that the reservation has limited the scope of the Convention to the extent that the definition of acts of terrorism of the Convention is limited. The Federal Council is of the opinion that the exercise of the right of peoples to self-determination cannot be justified in any way to justify such acts. Consequently, the reservation is incompatible with the object and purpose of the Convention.

It is in the common interest of the States that the instruments to which they have chosen to become parties are respected in their object and in their aim by all parties and that States are prepared to amend their legislation in order to Their treaty obligations. The Swiss Federal Council considers that a reservation incompatible with the object and purpose of the Convention is invalid and does not have any legal effect.

The Swiss Federal Council objects to the reservation of the Republic of Namibia. This objection does not preclude the entry into force of the Convention, in its entirety, between Switzerland and the Republic of Namibia.


RO 2004 2535 ; FF 2002 5014


1 Art. 1 al. 1 let. A of March 12, 2003 ( RO 2004 2519 )
2 RS 0.120
3 RO 2004 2549 , 2005 2333, 2006 783 3263, 2007 1391, 2008 2169, 2009 5665, 2011 4611, 2013 1323, 2014 1017 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status April 29, 2014