Key Benefits:
Original text
(State on 11 March 2015)
The Parties to this Convention,
Deeply concerned by the scale and increase in the illicit production, demand and trafficking of narcotic drugs and psychotropic substances, which pose a serious threat to the health and well-being of individuals and have effects Detrimental to the economic, cultural and political foundations of society;
Also deeply concerned by the increasing devastating effects of the illicit traffic in narcotic drugs and psychotropic substances in the various layers of society, and in particular by the fact that children are, in many Regions of the world, exploited as consumers in the drug market and used in the production, distribution and illicit trade of narcotic drugs and psychotropic substances, which constitutes a danger of a serious nature Immeasurable;
Recognizing the links between illicit trafficking and other related organized criminal activities that undermine the foundations of the legitimate economy and threaten the stability, security and sovereignty of States;
Recognizing also that illicit trafficking is an international criminal activity whose elimination requires urgent attention and the highest priority;
Aware that illicit trafficking is the source of significant financial and wealth gains that enable transnational criminal organisations to penetrate, contaminate and corrupt state structures, commercial activities and Legitimate financial and society at all levels;
Resolved to deprive those who engage in illicit trafficking in the fruit of their criminal activities and thus remove their principal motive;
To eliminate the root causes of the problem of the abuse of narcotic drugs and psychotropic substances, including the illicit demand for narcotic drugs and substances and the enormous gains from illicit trafficking;
Whereas it is necessary to take measures to control certain substances, including precursors, chemicals and solvents, which are used in the manufacture of narcotic drugs and psychotropic substances, including Availability has led to an increase in the clandestine manufacturing of these drugs and substances;
Resolved to improve international cooperation for the suppression of illicit trafficking by sea;
Recognizing that the elimination of illicit trafficking is a collective responsibility of all States and that coordinated action within the framework of international cooperation is required for this purpose;
Recognising the competence of the United Nations in the control of narcotic drugs and psychotropic substances and wishing that the relevant international bodies carry out their activities in the context of this Organization;
Reaffirming the guiding principles of the existing treaties on narcotic drugs and psychotropic substances and the control system established by those treaties;
Recognizing the need to strengthen and complement the measures provided for in the Single Convention on Narcotic Drugs, 1961 2 , in this Convention as amended 3 By the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961 4 And in the 1971 Convention on Psychotropic Substances 5 , in order to reduce the scale and extent of illicit trafficking and mitigate its serious consequences;
Recognizing also the importance of strengthening and enhancing the effective legal means of international cooperation in criminal matters to bring an end to the international criminal activities of illicit trafficking;
Wishing to conclude a comprehensive, effective and operational international convention specifically aimed at combating illicit trafficking, in which account is taken of the various aspects of the whole problem, especially those that do not Are not covered by existing international instruments in the field of narcotic drugs and psychotropic substances,
Agree to the following:
Unless expressly stated otherwise or unless the context otherwise requires, the following definitions shall apply to all the provisions of this Convention:
The purpose of this Convention is to promote cooperation between the Parties so that they can more effectively address the various aspects of the illicit traffic in narcotic drugs and psychotropic substances that have a International dimension. In carrying out their obligations under the Convention, the Parties shall take the necessary measures, including legislative and regulatory measures consistent with the basic provisions of their domestic legislative systems Respective.
2. The Parties shall fulfil 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 internal affairs Other states.
(3) Any Party shall refrain from exercising in the territory of another Party a jurisdiction or functions which are exclusively reserved for the authorities of that other Party by its domestic law.
Each Party shall adopt the measures necessary to confer the character of criminal offences in accordance with its domestic law, where the act was committed intentionally:
2. Subject to its constitutional principles and the fundamental concepts of its legal system, each Party shall adopt the measures necessary to confer the character of a criminal offence in accordance with its domestic law, where the act has been Committed intentionally, to the possession and purchase of narcotic drugs and psychotropic substances and to the cultivation of narcotic drugs intended for personal consumption in violation of the provisions of the 1961 Convention, of the 1961 Convention As amended or the 1971 Convention.
3. The knowledge, intent or motivation necessary as part of any of the offences referred to in subs. 1 of this article may be inferred from objective factual circumstances.
5. The Parties shall ensure that their courts and other competent authorities may take into account factual circumstances giving particular gravity to offences established in accordance with s. 1 of this article, such as:
6. The Parties shall endeavour to ensure that any discretionary judicial power conferred by their domestic law relating to the prosecution of individuals for offences established in accordance with this Article is In a manner that maximizes efficiency. Detection and enforcement measures in respect of the offences in question, taking due account of the need to act as a deterrent to their commission.
7. The Parties shall ensure that their courts or other competent authorities take into account the seriousness of the offences listed in s. 1 of this section and the circumstances set out in s. 5 of this article when considering the possibility of an early or conditional release of persons convicted of such offences.
8. Where appropriate, each Party shall determine under its domestic law an extended period of limitation in which proceedings may be instituted by the head of one of the offences established in accordance with s. 1 of this article. This period will be longer when the alleged offender has withdrawn from justice.
Each Party shall, in accordance with its legal system, take appropriate measures to ensure that any person accused or convicted of an offence established in accordance with s. 1 of this article which is on its territory shall assist in the conduct of the necessary criminal procedure.
10. For the purposes of cooperation between the Parties under this Convention, and in particular cooperation under Art. 5 to 7 and 9, the offences established in accordance with this Article shall not be regarded as tax or political offences, nor shall they be regarded as having political motives, without prejudice to the constitutional limits and Basic legislation of the Parties.
Nothing in this Article shall affect the principle that the definition of the offences referred to therein and the relevant legal means of defence shall be governed exclusively by the domestic law of each Party and that Such offences shall be prosecuted and punished in accordance with the law.
1. Each Party shall:
2. Each Party shall:
(3) This Convention shall not exclude the exercise of any jurisdiction in criminal matters established by a Party in accordance with its domestic law.
Each Party shall adopt such measures as may be necessary to permit confiscation:
(2) Each Party shall, in addition, adopt such measures as may be necessary to enable its competent authorities to identify, detect and freeze or seize the goods, goods, instruments or other things referred to in par. 1 of this article for the purposes of possible confiscation.
(3) In order to implement the measures provided for in this Article, each Party shall enable its courts or other competent authorities to order the production or seizure of bank, financial or commercial documents. The Parties shall not rely on bank secrecy to refuse to give effect to the provisions of this paragraph.
(7) Each Party may consider reversing the burden of proof in respect of the lawful origin of the alleged products or other property subject to confiscation, to the extent that it is consistent with the principles of its domestic law And the nature of the legal proceedings and other proceedings.
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 are defined and enforced in accordance with the domestic law of each Party and in accordance with the provisions of that right.
(1) This Article applies to offences established by the Parties in accordance with paragraph 1. 1 of the art. 3.
(2) Each of the offences to which this Article applies shall be in full law included in any extradition treaty in force between the Parties as an offence for which the author may be extradited. The Parties undertake to include such offences as extraditable offences in any extradition treaty that they conclude.
3. If a Party which makes extradition conditional on the existence of a treaty receives a request for the extradition of a 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. Parties requiring detailed legislative measures to be able to use this Convention as the legal basis for extradition will consider such measures.
4. Parties which do not make extradition conditional on the existence of a treaty shall accord between them to the offences to which this Article applies the character of offences of which the author may be extradited.
5. Extradition shall be subject to the conditions laid down in the law of the requested Party or by the applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.
6. When considering applications received under this Article, the requested Party may refuse to do so if its judicial or other competent authorities have serious grounds for believing that extradition would be facilitated. The prosecution or imposition of a criminal sanction against a person on the basis of his or her race, religion, nationality or political opinion, or would cause harm to a person for any of these reasons Challenged by the request.
7. The Parties shall endeavour to expedite extradition proceedings and to simplify the requirements for proof of extradition in respect of the offences to which this Article applies.
8. Subject to the provisions of its domestic law and the extradition treaties it has concluded, the requested Party may, at the request of the requesting 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 sought, or take other appropriate measures to ensure that he is present during the extradition proceedings.
9. Without prejudice to the exercise of criminal jurisdiction established in accordance with its domestic law, a Party in the territory of which the alleged offender is found must:
10. 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 Party, the requested Party, if its legislation so permits, in accordance with the requirements of the That legislation and at the request of the requesting Party shall consider the enforcement of the sentence which has been imposed in accordance with the legislation of the requesting Party or the balance of that sentence.
11. The Parties shall endeavour to conclude bilateral and multilateral agreements to enable extradition or to increase the effectiveness of extradition.
12. The Parties may consider entering into bilateral or multilateral agreements on specific or general matters relating to the transfer of persons sentenced to imprisonment to imprisonment or other The offences to which this section applies, so that they may serve the remainder of their sentence.
(1) The Parties shall accord each other, in accordance with this Article, the widest measure of mutual legal assistance for all investigations, criminal proceedings and judicial proceedings in respect of offences established in accordance with s. 1 of the art. 3.
2. Mutual legal assistance granted under this Article may be requested for the following purposes:
(3) The Parties may accord among themselves any other form of mutual legal assistance authorized by the domestic law of the requested Party.
4. On request, the Parties shall facilitate or encourage, to the extent consistent with their domestic legislation and practice, the presentation or making available of persons, including prisoners who agree to participate in The investigation or participation in the proceeding.
5. The Parties shall not rely on bank secrecy to refuse mutual legal assistance provided for in this Article.
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 in criminal matters.
7. The s. 8 to 19 of this Article shall apply to requests made in accordance with this Article if the Parties in question are not bound by a mutual legal assistance treaty. If such Parties are bound by such a treaty, the corresponding provisions of that Treaty shall apply, unless the Parties agree to apply the provisions of s. 8 to 19 of this article.
8. The Parties shall designate an authority or, if necessary, the authorities which have the responsibility and authority to respond to requests for mutual legal assistance or to transmit them to the competent authorities for execution. The authority or authorities designated for that purpose shall be notified to the Secretary-General. The transmission of requests for mutual legal assistance and any communication relating thereto shall be between the authorities designated by the Parties; this provision shall be without prejudice to the right of any Party to require that such requests and Communications shall be addressed through diplomatic channels and in urgent cases, if the Parties agree, through the intermediary of the OIPC/Interpol, if possible.
9. Requests shall be made in writing, in a language acceptable to the requested Party. The language or languages acceptable to each Party shall be notified to the Secretary-General. In the event of an emergency and if the Parties agree, requests may be made orally but must be confirmed without delay in writing.
10. Requests for mutual legal assistance shall contain the following information:
The requested Party may request further information where it deems it necessary to execute the application in accordance with its law or where it may facilitate the execution of the application.
12. Any application shall be carried out in accordance with the law of the requested Party and, to the extent that it does not contravene that law, and where possible, in accordance with the procedures specified in the application.
13. The requesting Party shall not communicate or use the information or testimony provided by the requested Party for investigations, criminal proceedings or judicial proceedings other than those referred to in the application without consent Advance of the requested Party.
The requesting Party may require that the requested Party keep the confidentiality of the request and its contents, except to the extent necessary to give effect to it. If the requested Party is unable to comply with this requirement, it shall inform the requesting Party without delay.
15. Mutual legal assistance may be refused:
16. Any refusal of mutual legal assistance must be justified.
17. Mutual legal assistance may be postponed by the requested Party on the grounds that it would impede an ongoing investigation, prosecution or judicial proceedings. In such a case, the requested Party shall consult the requesting Party in order to determine whether such assistance may still be provided to the conditions deemed necessary by the requested Party.
18. A witness, an expert or another person who consents to file in a proceeding or to cooperate in an investigation, criminal proceedings or judicial proceedings in the territory of the requesting Party shall not be prosecuted or detained, Or subject to any other restriction of his personal freedom in that territory for acts, omissions or convictions prior to his departure from the territory of the requested Party. Such immunity shall cease when the witness, expert or person, having had, for a period of 15 consecutive days or for any other period agreed upon by the 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, will nevertheless remain there voluntarily or, having left it, will have returned voluntarily.
The ordinary costs incurred in executing an application shall be borne by the requested Party unless otherwise agreed between the Parties concerned. Where significant or extraordinary expenses are or are subsequently revealed to be necessary for the execution of the request, the Parties shall consult to determine the conditions under which the application will be executed and the manner in which the request is made. Costs will be assumed.
20. The Parties shall consider, where appropriate, the possibility of concluding bilateral or multilateral agreements or arrangements that serve the objectives of the provisions of this Article, give them practical effect or strengthen them.
The Parties shall consider the possibility of transferring the law enforcement procedures relating to offences established in accordance with paragraph 1. 1 of the art. 3 in cases where such transfer is necessary in the interests of good administration of justice.
1. The Parties shall cooperate closely, in accordance with their respective legal and administrative systems, with a view to enhancing the effectiveness of the law enforcement action to end the commission of established offences As per s. 1 of the art. 3. In particular, on the basis of bilateral or multilateral agreements or arrangements:
2. To the extent necessary, each Party shall establish, develop or improve specific training programmes for members of its law enforcement and other personnel, including customs officers, Responsible for the enforcement of offences established in accordance with s. 1 of the art. 3. Such programmes shall include, inter alia:
3. The Parties shall assist each other in the planning and execution of training and research programmes enabling them to exchange specialized knowledge in the areas referred to in subs. 2 of this article and, to that end, also organize, where appropriate, regional and international conferences and seminars to stimulate cooperation and to permit consideration of problems of common interest, including problems and needs Countries of transit.
1. The Parties shall cooperate, directly or through relevant international or regional organizations, with a view to assisting and supporting, as far as possible, transit States, and in particular developing countries where necessary Such assistance and support through technical cooperation programmes aimed at preventing illicit entry and transit and related activities.
2. The Parties may, directly or through relevant international or regional organizations, undertake to provide financial assistance to these transit States in order to develop and strengthen the infrastructure necessary for the The effectiveness of the fight against illicit trafficking and the prevention of trafficking.
3. The Parties may conclude bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation provided for in this Article and may consider concluding financial arrangements in this regard.
1. If the basic principles of their domestic legal systems permit, the Parties shall take the necessary measures, taking into account their possibilities, to enable the appropriate use of controlled deliveries at the level International, on the basis of agreements or arrangements which they have concluded, with a view to identifying the individuals involved in offences established in accordance with par. 1 of the art. 3 and initiate proceedings against them.
2. The decision to use controlled deliveries shall be taken in each case and may, where appropriate, take into account financial arrangements and arrangements as to the exercise of their competence by the Parties concerned.
3. Illicit consignments agreed to monitor the shipment may, with the consent of the Parties concerned, be intercepted and permitted to continue to be transported, either as is or after the narcotic or Psychotropic substances have been removed or replaced in whole or in part by other products.
(1) The Parties shall adopt such measures as they deem appropriate to prevent the diversion of substances listed in Table I and Table II for the illicit manufacture of narcotic drugs and psychotropic substances and shall cooperate with each other This purpose.
(2) If a Party or the Board is in possession of information which, in their opinion, requires the inclusion of a substance in Table I or in Table II, they shall send to the Secretary-General a notification accompanied by all information Relevant to the latter's support. The procedure outlined in s. 2 to 7 of this Article also applies where a Party or the Board is in possession of information that justifies the deletion of a substance from Table I or Table II, or the passage of a substance from one table to the other.
The Secretary-General shall communicate such notification and any information it deems relevant to the Parties, to the Commission and, if the notification emanates from a Party, to the Board. The Parties shall provide the Secretary-General with their comments concerning the notification, together with any additional information that will assist the Board in making an assessment and the Commission shall make a decision.
4. If the Board, taking into account the extent, importance and diversity of the licit uses of the substance and considering whether it would be possible and easy to use alternative substances, for both licit and Illicit manufacture of narcotic drugs or psychotropic substances, notes:
It shall communicate to the Commission an assessment of the substance, including the likely effects of its inclusion in Table I or Table II on both licit and illicit uses and, where appropriate, Recommendations as to which control measures would be appropriate in the light of that assessment.
The Commission, taking into account the observations submitted by the Parties and the observations and recommendations of the Board, the evaluation of which will be scientifically decisive, and also taking due account of all other factors May decide, by a two-thirds majority of its members, to include a substance in Table I or Table II.
6. Any decision taken by the Commission under this Article shall be communicated by the Secretary-General to all States and other entities that are Parties to this Convention or are empowered to become Parties, and to the Board. It shall take full effect in respect of each Party 180 days after the date of its communication.
9. With regard to the substances listed in Table I and Table II each Party shall take the following measures:
11. Where one Party provides information to another in accordance with s. 9 and 10 of this Article, it may require the receiving Party to preserve the confidential nature of any economic, commercial or professional trade secret or commercial process that they may contain.
Each Party shall provide annually to the Board, in the form and manner defined by the Board and using the forms it will provide, information on:
The Board shall report annually to the Commission on the implementation of this Article, and the Commission shall periodically examine whether Table I and Table II are adequate and relevant.
The provisions of this Article shall not apply to pharmaceutical preparations or other preparations containing substances listed in Table I or Table II and composed in such a way that they cannot Be easily used or extracted by easy means to implement.
The Parties shall take such measures as they deem appropriate to prevent the trade and diversion of materials and equipment for the illicit production or manufacture of narcotic drugs and psychotropic substances, and shall cooperate To this end.
The measures taken by the Parties under this Convention shall be no less stringent than the provisions applicable to the elimination of the illicit cultivation of plants containing narcotic drugs and psychotropic substances and The elimination of the illicit demand for narcotic drugs and psychotropic substances under the provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention.
(2) Each Party shall take appropriate measures to prevent in its territory the illicit cultivation of plants containing narcotic drugs or psychotropic substances such as opium poppy, coca bush and the cannabis plant, and to destroy those That would be illegally grown there. The measures adopted must respect fundamental human rights and take due account of traditional licit uses-where such uses are attested by history-and the protection of the environment.
4. The Parties shall adopt appropriate measures to eliminate or reduce the illicit demand for narcotic drugs and psychotropic substances in order to reduce human suffering and to eliminate financial incentives for trafficking Illegal. Such measures may be based, inter alia, on the recommendations of the United Nations, the specialized agencies of the United Nations such as the World Health Organization, and other relevant international organizations, and On the Comprehensive Multidisciplinary Scheme adopted by the International Conference on Drug Abuse and Illicit Trafficking in 1987, as it relates to the efforts of governmental and non-governmental organizations, and Private initiative in the areas of prevention, treatment and rehabilitation. The Parties may conclude bilateral or multilateral agreements or arrangements to remove or reduce the illicit demand for narcotic drugs and psychotropic substances.
5. The Parties may also take the necessary measures for the rapid destruction or licit use of narcotic drugs, psychotropic substances and substances listed in Table I and Table II that have been seized or confiscated and for The required certified quantities of these substances are admissible as evidence.
1. The Parties shall take appropriate measures to ensure that the means of transport operated by commercial carriers do not serve the commission of offences established pursuant to s. 1 of the art. 3; these measures may include the conclusion of special arrangements with commercial carriers.
2. Each Party shall require commercial carriers to take reasonable precautions to prevent their means of transportation from serving the commission of offences established pursuant to s. 1 of the art. 3. Such precautions may include:
Each Party shall ensure that, at entry and exit points and in other customs control zones, commercial carriers and competent authorities shall cooperate with a view to preventing unauthorised access to the means of transport and Loads and apply appropriate security measures.
Each Party shall require that lawful shipments of narcotic drugs and psychotropic substances for export be accompanied by the necessary documentation. In addition to the requirement that shipments meet the documentation requirements set out in s. 31 of the 1961 Convention, art. 31 of the 1961 Convention as amended and in Art. 12 of the 1971 Convention, commercial documents such as invoices, manifests, customs documents, transport documents and other shipping documents must indicate the names of narcotic drugs and psychotropic substances subject to Export as contained in the relevant tables of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, the quantity exported, and the name and address of the exporter, importer and, When it is known to the recipient.
2. Each Party shall require that shipments of narcotic drugs and psychotropic substances for export are not marked incorrectly.
(1) The Parties shall cooperate to the maximum extent possible with a view to ending illicit trafficking by sea, in accordance with international law of the sea.
2. A Party which has reasonable grounds to suspect that a ship flying its flag or bearing no flag or bearing no registration is engaged in illicit traffic may ask the other Parties to help it terminate this Use. The Parties so requested shall provide such assistance within the limits of the means available to them.
(3) A Party which has reasonable grounds to suspect that a ship exercising freedom of navigation in accordance with international law and flying the flag or bearing a registration of another Party is engaged in the illicit traffic may Notify the flag State, request confirmation of the registration and, if confirmed, request authorisation from that State to take the appropriate measures in respect of that vessel.
4. In accordance with the provisions of s. 3 or the Treaties in force between them or any other agreements or arrangements otherwise concluded between these Parties, the flag State may in particular authorise the requesting State to:
5. Where a measure is taken in accordance with this Article, the Parties concerned shall take due account of the need not to impair the safety of life at sea and the vessel and its cargo, and not to wear Damage to the commercial and legal interests of the flag State or any other State concerned.
The flag State may, to the extent compatible with its obligations under subs. 1 of this Article, make its authorisation subject to conditions laid down by mutual agreement between the applicant and the requesting State, in particular with regard to liability.
7. For the purposes of paras. 3 and 4 of this Article, each Party shall promptly respond to any request from another Party for the purpose of determining whether a vessel that is flying its flag is authorized to do so and to the applications for leave to be submitted pursuant to s. 3. At the time of becoming a Party to this Convention, each State shall designate the authority or, where appropriate, the authorities entitled to receive and respond to such requests. Within one month of that designation, the Secretary-General shall notify all other Parties of the authority designated by each of them.
8. A Party which has taken one of the measures provided for in this Article shall without delay inform the flag State concerned of the results of that measure.
The Parties shall consider concluding bilateral or regional agreements or arrangements with a view to giving effect to or enhancing the effectiveness of the provisions of this Article.
10. Measures taken pursuant to s. 4 shall be carried out only by warships or military aircraft, or from other ships or aircraft to that duly authorized, carrying an outward and identifiable mark as being in the service of the State.
11. Any measure taken in accordance with this Article shall take due account of the international law of the sea, the need not to encroach on the rights and obligations and the exercise of the competence of coastal States, or to carry out Infringement of such rights, obligations or competence.
1. The Parties shall apply, in order to put an end to the illicit traffic in narcotic drugs, psychotropic substances and substances listed in Table I and Table II in free zones and free ports, measures that are not less stringent That they apply in other parts of their territory.
2. The Parties shall endeavour to:
In fulfilment of their obligations under the Universal Postal Union Conventions and in accordance with the fundamental principles of their internal legal systems, the Parties shall take measures to end the use of services Postal services for the purpose of illicit trafficking and cooperate with each other for this purpose.
2. The measures referred to in par. 1 of this article includes in particular:
The Parties shall provide the Commission, through the Secretary-General, with information on the implementation of this Convention on their territory and in particular:
2. The Parties shall provide such information in the manner and on the dates fixed by the Commission.
The Commission shall have the power to consider all matters relating to the purposes of this Convention, and in particular:
1. Without prejudice to the duties of the Commission under s. 21 and without prejudice to the functions of the Board and the Commission under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention:
(2) Any Party shall be invited to be represented at the meetings of the Board during which an issue of direct relevance shall be considered in accordance with this Article.
3. In cases where a decision of the Body adopted under this Article is not unanimous, the opinion of the minority shall be exposed.
4. The decisions of the Board under this Article shall be taken by a two-thirds majority of the total number of members of the Board.
5. In carrying out his duties under para. (a) para. 1 of this article, the Board shall preserve the confidentiality of any information it may have.
(6) The execution of treaties or agreements concluded between Parties in accordance with the provisions of this Convention shall not fall within the responsibility of the Board under this Article.
7. The provisions of this Article shall not apply to disputes between Parties falling within the provisions of Art. 32.
The Board shall prepare an annual report on its activities, in which it analyses the information available to it by reporting, in appropriate cases, possible explanations given by or requested by the Parties and Making any comments and recommendations that it wishes to make. The Board may make additional reports if it deems it necessary. The reports shall be submitted to the Council through the Commission, which may make any comments it deems appropriate.
(2) The reports of the Board shall be communicated to the Parties and subsequently published by the Secretary-General. The Parties shall permit their unrestricted distribution.
The Parties may adopt more stringent or stricter measures than those provided for in this Convention if they deem it desirable or necessary to prevent or eliminate illicit trafficking.
The provisions of this Convention shall not derogate from any right or obligation that the 1961 Convention, the 1961 Convention as amended or the 1971 Convention recognize or impose on the Parties to this Convention.
This Convention shall be open, from 20 December 1988 to 28 February 1989, at the United Nations Office at Vienna and thereafter, until 20 December 1989, at United Nations Headquarters in New York, at signature:
(1) This Convention shall be subject to ratification, acceptance or approval by the States and Namibia, represented by the United Nations Council for Namibia, and to a formal confirmation of the regional organizations Economic integration referred to in para. (c) of s. 26. Instruments of ratification, acceptance or approval and instruments relating to formal confirmation shall be deposited with the Secretary-General.
2. In their formal confirmation instruments, regional economic integration organizations shall specify the extent of their competence in the areas covered by this Convention. In addition, these organizations will inform the Secretary-General of any changes in the scope of their competence in the areas covered by the Convention.
(1) This Convention shall remain open for accession by any State, Namibia, represented by the United Nations Council for Namibia, and regional economic integration organizations referred to in para. (c) of s. 26. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General.
2. In their instruments of accession, regional economic integration organizations shall specify the extent of their competence in the fields covered by this Convention. In addition, these organizations will inform the Secretary-General of any changes in the scope of their competence in the areas covered by the Convention.
(1) This Convention shall enter into force on the ninetieth day after the date of the deposit with the Secretary-General of the twentieth instrument of ratification, acceptance, approval or accession by States or by Namibia, Represented by the Council for Namibia.
2. For each State and for Namibia, represented by the Council for Namibia, which shall ratify, accept or approve this Convention or accede to it after the deposit of the twentieth instrument of ratification, acceptance, The Convention shall enter into force on the ninetieth day after the deposit of its instrument of ratification, acceptance of approval or accession.
3. For each regional economic integration organization referred to in para. (c) of s. 26 which shall deposit an instrument relating to a formal confirmation or instrument of accession, the Convention shall enter into force on the later of the following two dates: the ninetieth day after the said deposit or the date on which the The Convention shall enter into force in accordance with s. 1 of this article.
1. Any Party may denounce this Convention at any time by written notification addressed to the Secretary-General.
(2) Denunciation shall take effect for the Party concerned one year after the date on which the notification has been received by the Secretary-General.
1. Any Party may propose an amendment to this Convention. The text of the said amendment and the reasons for it shall be communicated by that Party to the Secretary-General, who shall transmit them to the other Parties and their request if they accept the proposed amendment. If the text of an amendment so distributed has not been rejected by any Party within 24 months of its communication, the said amendment shall be deemed to have been accepted and shall enter into force for each Party 90 days after that Party has deposited To the Secretary-General, an instrument expressing his consent to be bound by this amendment.
2. If an amendment has been rejected by a Party, the Secretary-General shall engage in consultations with the Parties and, if requested by a majority, bring the matter and any comments made by the Parties to the Council which may decide To convene a conference in accordance with s. 4 of Art. 62 of the United Nations Charter 1 Any amendment resulting from such a conference shall be recorded in an amending protocol. Parties that agree to be bound by this Protocol shall be required to notify the Secretary-General expressly.
1. If a dispute arises between two or more Parties concerning the interpretation or application of this Convention, the Parties shall consult each other with a view to settling the dispute through negotiation, investigation, mediation, conciliation, Arbitration or recourse to regional bodies, by judicial means or by other peaceful means of their choice.
2. Any dispute of this nature which cannot be resolved by means provided for in s. 1 of this Article shall be submitted, at the request of any of the States Parties to the dispute, to the International Court of Justice for a decision.
3. If a regional economic integration organization referred to in para. (c) of s. 26 is a party to a dispute that cannot be resolved in the manner set out in s. 1 of this Article, it may, through a Member State of the United Nations, request the Council to request an advisory opinion to the International Court of Justice under Art. 65 of the Statute of the Court, which will be considered decisive.
4. Each State, at the time it signs, ratifies, accepts or approves this Convention or accedes thereto, or each regional economic integration organization, at the time of signature, of the deposit of a formal confirmation or accession, May declare that it does not consider itself bound by the provisions of s. 2 and 3 of this article. The other Parties are not bound by the provisions of s. 2 and 3 to a Party that has made such a declaration.
5. Any Party that has made a declaration under s. 4 of this article may at any time withdraw this declaration by notification addressed to the Secretary-General.
The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention shall be equally authentic.
The Secretary-General shall be the depositary of this Convention.
In witness whereof, The undersigned, duly authorized, have signed this Convention.
Done at Vienna, in a record copy, on 20 December 1988.
(Suivent signatures)
Table I |
Table II |
N-Acetylanthranilic acid |
Acetone |
Lysergic acid |
Anthranilic acid |
Acetic anhydride |
Hydrochloric acid |
Ephedrine |
Phenylacetic acid |
Ergtrin |
Sulphuric acid |
Ergotamine |
Ethyl ether |
Isosafrole |
Methyl ethyl ketone |
Methylenedioxy-3,4 phenyl propanone-2 |
Piperidine |
Norephedrine |
Toluene |
Potassium permanganate |
|
Phenyl-1 propanone-2 |
|
Piperonal |
|
Pseudoephedrine |
|
Safrole |
|
The salts of the substances listed in this table in all cases where the existence of these salts is possible. |
The salts of substances listed in this table in all cases where the existence of these salts is possible (salts of hydrochloric acid and sulphuric acid are specifically excluded). |
States Parties |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
||
Afghanistan |
February 14 |
1992 |
14 May |
1992 |
South Africa * |
14 December |
1998 A |
March 14 |
1999 |
Albania |
27 June |
2001 A |
September 25 |
2001 |
Algeria * |
9 May |
1995 |
7 August |
1995 |
Germany * ** |
30 November |
1993 |
28 February |
1994 |
Andorra * |
July 23 |
1999 A |
21 October |
1999 |
Angola |
26 October |
2005 A |
24 January |
2006 |
Antigua and Barbuda |
5 April |
1993 A |
4 July |
1993 |
Saudi Arabia * |
9 January |
1992 A |
April 8 |
1992 |
Argentina |
28 June |
1993 |
26 September |
1993 |
Armenia * |
13 September |
1993 A |
12 December |
1993 |
Australia |
16 November |
1992 |
February 14 |
1993 |
Austria * ** |
July 11 |
1997 |
9 October |
1997 |
Azerbaijan |
22 September |
1993 A |
21 December |
1993 |
Bahamas |
30 January |
1989 |
11 November |
1990 |
Bahrain * |
7 February |
1990 |
11 November |
1990 |
Bangladesh |
11 October |
1990 |
9 January |
1991 |
Barbados |
15 October |
1992 A |
13 January |
1993 |
Belarus |
15 October |
1990 |
13 January |
1991 |
Belgium * * |
25 October |
1995 |
23 January |
1996 |
Belize * |
24 July |
1996 A |
22 October |
1996 |
Benin |
23 May |
1997 A |
August 21 |
1997 |
Bhutan |
August 27 |
1990 A |
25 November |
1990 |
Bolivia * |
August 20 |
1990 |
18 November |
1990 |
Bosnia and Herzegovina |
1 Er September |
1993 S |
6 March |
1992 |
Botswana |
13 August |
1996 A |
11 November |
1996 |
Brazil * |
17 July |
1991 |
15 October |
1991 |
Brunei * |
12 November |
1993 |
10 February |
1994 |
Bulgaria |
24 September |
1992 |
December 23 |
1992 |
Burkina Faso |
2 June |
1992 A |
August 31 |
1992 |
Burundi |
18 February |
1993 A |
19 May |
1993 |
Cambodia |
7 July |
2005 A |
5 October |
2005 |
Cameroon |
28 October |
1991 |
26 January |
1992 |
Canada |
July 5 |
1990 |
11 November |
1990 |
Cape Verde |
8 May |
1995 A |
August 6 |
1995 |
Chile |
13 March |
1990 |
11 November |
1990 |
China * |
25 October |
1989 |
11 November |
1990 |
Hong Kong |
6 June |
1997 |
1 Er July |
1997 |
Macao |
15 December |
1999 |
20 December |
1999 |
Cyprus * |
25 May |
1990 |
11 November |
1990 |
Colombia * |
10 June |
1994 |
8 September |
1994 |
Comoros |
1 Er March |
2000 A |
30 May |
2000 |
Congo (Brazzaville) |
3 March |
2004 A |
1 Er June |
2004 |
Congo, Kinshasa |
28 October |
2005 |
26 January |
2006 |
Korea (North) |
19 March |
2007 A |
17 June |
2007 |
Korea (South) |
28 December |
1998 A |
28 March |
1999 |
Costa Rica |
February 8 |
1991 |
9 May |
1991 |
Côte d' Ivoire |
25 November |
1991 |
23 February |
1992 |
Croatia |
26 July |
1993 S |
8 October |
1991 |
Cuba * |
12 June |
1996 |
10 September |
1996 |
Denmark * ** |
19 December |
1991 |
18 March |
1992 |
Djibouti |
22 February |
2001 A |
23 May |
2001 |
Dominica |
30 June |
1993 A |
28 September |
1993 |
Egypt |
15 March |
1991 |
13 June |
1991 |
El Salvador |
21 May |
1993 A |
19 August |
1993 |
United Arab Emirates |
12 April |
1990 A |
11 November |
1990 |
Ecuador |
23 March |
1990 |
11 November |
1990 |
Eritrea |
30 January |
2002 A |
April 30 |
2002 |
Spain * * |
13 August |
1990 |
11 November |
1990 |
Estonia |
July 12 |
0200 A |
10 October |
2000 |
US * ** |
20 February |
1990 |
11 November |
1990 |
Ethiopia |
11 October |
1994 A |
9 January |
1995 |
Fiji |
25 March |
1993 A |
23 June |
1993 |
Finland * * |
February 15 |
1994 |
May 16 |
1994 |
France * ** |
31 December |
1990 |
March 31 |
1991 |
Gabon |
10 July |
2006 |
8 October |
2006 |
Gambia |
April 23 |
1996 A |
July 22 |
1996 |
Georgia |
8 January |
1998 A |
April 8 |
1998 |
Ghana |
10 April |
1990 |
11 November |
1990 |
Greece * * |
28 January |
1992 |
April 27 |
1992 |
Grenada |
10 December |
1990 A |
10 March |
1991 |
Guatemala |
28 February |
1991 |
29 May |
1991 |
Guinea |
27 December |
1990 A |
March 27 |
1991 |
Guinea-Bissau |
27 October |
1995 A |
25 January |
1996 |
Guyana |
19 March |
1993 A |
17 June |
1993 |
Haiti |
18 September |
1995 A |
17 December |
1995 |
Honduras |
11 December |
1991 |
10 March |
1992 |
Hungary |
15 November |
1996 |
13 February |
1997 |
Cook Islands * |
22 February |
2005 A |
23 May |
2005 |
Marshall Islands |
5 November |
2010 A |
3 February |
2011 |
India |
March 27 |
1990 A |
11 November |
1990 |
Indonesia * |
23 February |
1999 |
24 May |
1999 |
Iran * |
7 December |
1992 |
7 March |
1993 |
Iraq |
July 22 |
1998 A |
20 October |
1998 |
Ireland * * |
3 September |
1996 |
2 December |
1996 |
Iceland |
2 September |
1997 A |
1 Er December |
1997 |
Israel * |
20 March |
2002 |
18 June |
2002 |
Italy * * |
31 December |
1990 |
March 31 |
1991 |
Jamaica |
29 December |
1995 |
28 March |
1996 |
Japan |
12 June |
1992 |
10 September |
1992 |
Jordan |
April 16 |
1990 |
11 November |
1990 |
Kazakhstan |
29 April |
1997 A |
28 July |
1997 |
Kenya |
19 October |
1992 A |
17 January |
1993 |
Kyrgyzstan |
7 October |
1994 A |
5 January |
1995 |
Kuwait * |
3 November |
2000 |
1 Er February |
2001 |
Laos * |
1 Er October |
2004 A |
December 30 |
2004 |
Lesotho |
28 March |
1995 A |
26 June |
1995 |
Latvia |
24 February |
1994 A |
25 May |
1994 |
Lebanon * |
March 11 |
1996 A |
9 June |
1996 |
Liberia |
16 September |
2005 A |
15 December |
2005 |
Libya |
July 22 |
1996 A |
20 October |
1996 |
Liechtenstein * |
March 9 |
2007 A |
7 June |
2007 |
Lithuania * |
8 June |
1998 A |
September 6 |
1998 |
Luxembourg * * |
29 April |
1992 |
28 July |
1992 |
Macedonia |
13 October |
1993 A |
11 January |
1994 |
Madagascar |
12 March |
1991 A |
10 June |
1991 |
Malaysia * |
11 May |
1993 |
August 9 |
1993 |
Malawi |
12 October |
1995 A |
10 January |
1996 |
Maldives |
7 September |
2000 |
6 December |
2000 |
Mali |
October 31 |
1995 A |
29 January |
1996 |
Malta |
28 February |
1996 A |
28 May |
1996 |
Morocco |
28 October |
1992 |
26 January |
1993 |
Mauritius |
6 March |
2001 |
4 June |
2001 |
Mauritania |
1 Er July |
1993 |
29 September |
1993 |
Mexico * * |
April 11 |
1990 |
11 November |
1990 |
Micronesia |
July 6 |
2004 A |
4 October |
2004 |
Moldova |
February 15 |
1995 A |
May 16 |
1995 |
Monaco |
April 23 |
1991 |
July 22 |
1991 |
Mongolia |
25 June |
2003 A |
23 September |
2003 |
Montenegro |
23 October |
2006 S |
3 June |
2006 |
Mozambique |
8 June |
1998 A |
September 6 |
1998 |
Myanmar * |
11 June |
1991 A |
9 September |
1991 |
Namibia |
6 March |
2009 A |
4 June |
2009 |
Nauru |
July 12 |
2012 A |
10 October |
2012 |
Nepal |
24 July |
1991 A |
22 October |
1991 |
Nicaragua |
4 May |
1990 |
11 November |
1990 |
Niger |
10 November |
1992 A |
February 8 |
1993 |
Nigeria |
1 Er November |
1989 |
11 November |
1990 |
Niue |
July 16 |
2012 A |
14 October |
2012 |
Norway |
14 November |
1994 |
12 February |
1995 |
New Zealand |
16 December |
1998 |
March 16 |
1999 |
Oman |
15 March |
1991 A |
13 June |
1991 |
Uganda |
August 20 |
1990 A |
18 November |
1990 |
Uzbekistan |
August 24 |
1995 A |
22 November |
1995 |
Pakistan |
25 October |
1991 |
23 January |
1992 |
Panama * |
13 January |
1994 |
13 April |
1994 |
Paraguay |
August 23 |
1990 |
21 November |
1990 |
Netherlands * ** |
8 September |
1993 |
7 December |
1993 |
Aruba * |
10 March |
1999 |
10 March |
1999 |
Curaçao * |
10 March |
1999 |
10 March |
1999 |
Caribbean (Bonaire, Sint Eustatius and Saba) * |
10 March |
1999 |
10 March |
1999 |
Sint Maarten * |
10 March |
1999 |
10 March |
1999 |
Peru * |
16 January |
1992 |
15 April |
1992 |
Philippines |
7 June |
1996 |
September 5 |
1996 |
Poland |
26 May |
1994 |
August 24 |
1994 |
Portugal * * |
3 December |
1991 |
2 March |
1992 |
Qatar |
4 May |
1990 A |
11 November |
1990 |
Central African Republic |
15 October |
2001 A |
13 January |
2002 |
Dominican Republic |
21 September |
1993 A |
20 December |
1993 |
Czech Republic |
December 30 |
1993 S |
1 Er January |
1993 |
Romania |
21 January |
1993 A |
April 21 |
1993 |
United Kingdom * ** |
28 June |
1991 |
26 September |
1991 |
Anguilla * |
February 8 |
1995 |
February 8 |
1995 |
Bermuda * |
February 8 |
1995 |
February 8 |
1995 |
Gibraltar * |
July 2 |
2014 |
July 2 |
2014 |
Guernsey * |
3 April |
2002 |
3 April |
2002 |
Isle of Man * |
2 December |
1993 |
2 December |
1993 |
Cayman Islands * |
February 8 |
1995 |
February 8 |
1995 |
Turks and Caicos Islands * |
February 8 |
1995 |
February 8 |
1995 |
British Virgin Islands * |
February 8 |
1995 |
February 8 |
1995 |
Jersey * |
7 July |
1997 |
7 July |
1997 |
Montserrat * |
February 8 |
1995 |
February 8 |
1995 |
Russia |
17 December |
1990 |
March 17 |
1991 |
Rwanda |
13 May |
2002 A |
August 11 |
2002 |
Saint Lucia |
August 21 |
1995 A |
19 November |
1995 |
Saint Kitts and Nevis |
19 April |
1995 A |
18 July |
1995 |
San Marino * |
10 October |
2000 A |
8 January |
2001 |
Holy See * |
25 January |
2012 |
24 April |
2012 |
Saint Vincent and the Grenadines |
17 May |
1994 A |
August 15 |
1994 |
Samoa |
19 August |
2005 A |
17 November |
2005 |
Sao Tome and Principe |
20 June |
1996 A |
18 September |
1996 |
Senegal |
27 November |
1989 |
11 November |
1990 |
Serbia |
12 March |
2001 S |
April 27 |
1992 |
Seychelles |
February 27 |
1992 A |
27 May |
1992 |
Sierra Leone |
6 June |
1994 |
4 September |
1994 |
Singapore * |
23 October |
1997 A |
21 January |
1998 |
Slovakia |
28 May |
1993 S |
1 Er January |
1993 |
Slovenia |
July 6 |
1992 S |
25 June |
1991 |
Sudan |
19 November |
1993 |
17 February |
1994 |
Sri Lanka |
6 June |
1991 A |
4 September |
1991 |
Sweden * ** |
July 22 |
1991 |
20 October |
1991 |
Switzerland * |
September 14 |
2005 |
13 December |
2005 |
Suriname |
28 October |
1992 |
26 January |
1993 |
Swaziland |
3 October |
1995 A |
1 Er January |
1996 |
Syria * |
3 September |
1991 A |
2 December |
1991 |
Tajikistan |
6 May |
1996 A |
August 4 |
1996 |
Tanzania * |
April 17 |
1996 |
July 16 |
1996 |
Chad |
9 June |
1995 A |
7 September |
1995 |
Thailand * |
3 May |
2002 A |
1 Er August |
2002 |
Timor-Leste |
3 June |
2014 A |
1 Er September |
2014 |
Togo |
1 Er August |
1990 |
11 November |
1990 |
Tonga |
29 April |
1996 A |
28 July |
1996 |
Trinidad and Tobago |
17 February |
1995 |
18 May |
1995 |
Tunisia |
September 20 |
1990 |
19 December |
1990 |
Turkmenistan |
21 February |
1996 A |
21 May |
1996 |
Turkey * ** |
2 April |
1996 |
1 Er July |
1996 |
Ukraine |
August 28 |
1991 |
26 November |
1991 |
European Union (EU) |
31 December |
1990 |
March 31 |
1991 |
Uruguay |
10 March |
1995 |
8 June |
1995 |
Vanuatu |
26 January |
2006 A |
April 26 |
2006 |
Venezuela * |
July 16 |
1991 |
14 October |
1991 |
Vietnam * * |
4 November |
1997 A |
2 February |
1998 |
Yemen * * |
25 March |
1996 |
23 June |
1996 |
Zambia |
28 May |
1993 |
26 August |
1993 |
Zimbabwe |
July 30 |
1993 A |
28 October |
1993 |
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 the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
Switzerland 7
1 RO 2006 529
2 RS 0.812.121.0
3 RS 0.812.121
4 RS 0.812.121.01
5 RS 0.812.121.02
6 RO 2006 531 , 2007 4217, 2012 2375, 2015 941. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
7 Art. 1 al. 1 of the FA of 16 March 2005 ( RO 2006 529 )