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RS 0.812.121.03 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 (with annex)

Original Language Title: RS 0.812.121.03 Convention du 20 décembre 1988 des Nations Unies contre le trafic illicite de stupéfiants et de substances psychotropes (avec annexe)

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0.812.121.03

Original text

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Complied at Vienna on 20 December 1988

Approved by the Federal Assembly on March 16, 2005 1

Instrument of ratification deposited by Switzerland on 14 September 2005

Entry into force for Switzerland on 13 December 2005

(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:

Art. 1 Definitions

Unless expressly stated otherwise or unless the context otherwise requires, the following definitions shall apply to all the provisions of this Convention:

(a)
The term "Body" means the International Narcotics Control Board established by the Single Convention on Narcotic Drugs of 1961 and this Convention as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs Narcotics of 1961;
(b)
The term "cannabis plant" means any plant of the cannabis genus;
(c)
The term "coconut" refers to any species of shrubs of the genus erythroxylon;
(d)
"Commercial carrier" means any public, private or other person or entity that provides for the transportation of persons, goods or mail for consideration;
(e)
The term "Commission" means the Commission on Narcotic Drugs of the United Nations Economic and Social Council;
(f)
The term "confiscation" means the permanent dispossession of property on the decision of a court or other competent authority;
(g)
"Supervised delivery" means the methods of allowing the passage through the territory of one or more countries of narcotic drugs or psychotropic substances, of substances listed in Table I or in Table II annexed to the Convention, or of substances substituted for them, unlawfully or suspected to be consigned to the knowledge and under the control of the competent authorities of the said countries, with a view to identifying those involved in the Committee on Offences established in accordance with paragraph 1 of Art. 3 of the Convention;
(h)
The term "1961 Convention" means the Single Convention on Narcotic Drugs, 1961;
(i)
The term "1961 Convention as amended" means the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;
(j)
The term "1971 Convention" means the 1971 Convention on Psychotropic Substances;
(k)
The term "Council" means the Economic and Social Council of the United Nations;
(l)
The terms "freezing" or "seizure" refer to the temporary prohibition of the transfer, conversion, disposition or movement of property or the temporary assumption of custody or control of property by a court or other decision Competent authority;
(m)
The term "illicit traffic" means the offences referred to in subs. 1 and 2 of Art. 3 of this Convention;
(n)
The term "narcotic" means any substance, whether natural or synthetic, listed in Table I or Table II of the 1961 Convention and the 1961 Convention as amended;
(o)
The term "opium poppy" means the plant of the species Papaver Somn I L-iron .;
(p)
The term "product" means any property derived directly or indirectly from the commission of an offence established in accordance with s. 1 of the art. 3 or obtained directly or indirectly by the principal;
(q)
The term "property" means all types of assets, whether tangible or intangible, movable or immovable, tangible or intangible, as well as legal acts or documents evidencing ownership of such assets or related rights;
(r)
The term "psychotropic substance" means any substance, whether natural or synthetic, or any natural product of Table I, II, III or IV of the Convention on Psychotropic Substances of 1971;
(s)
The term " Secretary-General means the Secretary-General of the United Nations;
(t)
The terms "Table I" and "Table II" means the lists of substances annexed to this Convention, which may be amended from time to time in accordance with Art. 12;
(u)
The term "transit State" means a State in whose territory illicit substances-narcotic drugs, psychotropic substances and substances listed in Table I and Table II-are moved and which is neither the point of origin nor the Final destination of these substances.
Art. 2 Scope of the 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.

Art. 3 Offences and sanctions

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:

(a) (i) the production, manufacture, extraction, preparation, supply, offer for sale, distribution, sale, delivery to any condition, brokering, shipping, shipment in transit, transport, The import or export of any narcotic or psychotropic substance in violation of the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention;
(ii)
Cultivation of opium poppy, coca bush or cannabis plant for the production of narcotic drugs in violation of the provisions of the 1961 Convention and the 1961 Convention as amended;
(iii)
The detention or purchase of any narcotic or psychotropic substance for the purposes of any of the activities listed in subpara. (i) above;
(iv)
The manufacture, transport or distribution of equipment, materials or substances listed in Table I and in Table II, of which the book is known to be used in or for cultivation, production or manufacture Illicit narcotics or psychotropic substances;
(v)
The organization, management or funding of any of the offences listed in subpara. (i), (ii), (iii) or (iv) above;
(b) (i) the conversion or transfer of property in respect of which it is known to have come from one of the offences established in accordance with para. (a) of this paragraph or of an interest in its commission, for the purpose of concealing or disguising the illicit origin of the said property or of assisting any person who is involved in the commission of one of those offences to escape the Legal consequences of its actions;
(ii)
The concealment or disguise of the nature, origin, location, disposition, movement, or actual ownership of property or rights relating thereto, the author of which knows that they are derived from one of the established offences In accordance with para. (a) of this paragraph or of a participation in any of those offences;
(c)
Subject to its constitutional principles and the fundamental concepts of its legal system,
(i)
The acquisition, possession or use of property, of which the person who acquires, owns or uses the property knows, at the time it receives them, that they come from one of the offences established in accordance with para. (a) of this paragraph or the participation in any of those offences;
(ii)
The possession of equipment, materials or substances listed in Table I or Table II, of which the person holding them knows that they are or must be used in or for the illicit cultivation, production or manufacture of narcotic drugs or Psychotropic substances;
(iii)
Inciting or publicly inciting others, by any means, to commit any of the offences established in accordance with this article or to unlawfully use narcotic drugs or psychotropic substances;
(iv)
Participation in any of the offences established in accordance with this Article or any association, agreement, attempt or complicity in the provision of assistance, assistance or advice with a view to its commission.

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.

4. A)
Each Party shall make the offences established in accordance with s. 1 of this article punishable by sanctions taking into account their seriousness, such as imprisonment or other custodial sentences, fines and confiscation.
(b)
The Parties may provide that, as further measures of the conviction or criminal sanction imposed for an offence established in accordance with paragraph 1. 1 of this article, the offender shall be subjected to treatment, education, aftercare, rehabilitation or social reintegration.
(c)
Notwithstanding the provisions of the preceding paragraphs, in the appropriate cases of minor offences, the Parties may, inter alia, provide, in lieu of a conviction or a criminal sanction, for rehabilitative education measures or Social reintegration, as well as, where the offender is an addict, treatment and aftercare.
(d)
The Parties may provide that measures for the treatment, education, aftercare, rehabilitation or social reintegration of the offender shall be replaced by the conviction or sentence of the head of an offence established In accordance with the provisions of s. 2 of this article, or will be added thereto.

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:

(a)
Participation in the commission of the offence of a criminal organization to which the offender belongs;
(b)
The involvement of the offender in other international organized criminal activities;
(c)
The participation of the offender in other illegal activities facilitated by the commission of the offence;
(d)
The use of violence or weapons by the offender;
(e)
The fact that the offender assumes a public office and that the offence is related to the charge;
(f)
Victimization or the use of minors;
(g)
The fact that the offence was committed in a penal institution at an educational institution, in a social services centre or in their immediate vicinity or in other places where pupils and students engage in Educational, sports or social activities;
(h)
To the extent that the domestic law of a Party permits, previous convictions, in particular for similar offences, in the country or abroad.

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.

Art. 4 Jurisdiction

1. Each Party shall:

(a)
Adopts the measures necessary to establish its jurisdiction with respect to the offences it has established pursuant to s. 1 of the art. 3 when:
(i)
The offence was committed in its territory;
(ii)
The offence was committed on board a ship flying its flag or aircraft registered in accordance with its legislation at the time the offence was committed;
(b)
May adopt the measures necessary to establish its jurisdiction with respect to the offences it has established in accordance with s. 1 of the art. 3 when:
(i)
The offence was committed by one of its nationals or by a person ordinarily resident in its territory;
(ii)
The offence was committed on board a ship against which that Party was authorized to take appropriate action under s. 17, provided that such jurisdiction is exercised only on the basis of the agreements or arrangements referred to in subs. 4 and 9 of that article;
(iii)
The offence is one of those established in accordance with para. (c) (iv) para. 1 of the art. 3 and has been committed outside its territory for the purpose of the commission in its territory of one of the offences established in accordance with s. 1 of the art. 3.

2. Each Party shall:

(a)
Adopts the measures necessary to establish its jurisdiction with respect to the offences it has established in accordance with s. 1 of the art. 3 where the alleged offender is on its territory and does not extradite him to the territory of another Party on the ground of:
(i)
That the offence was committed in its territory or on board a ship flying its flag or aircraft registered in accordance with its legislation at the time or the offence was committed, or
(ii)
That the offence was committed by one of its nationals;
(b)
It may also adopt the measures necessary to establish its jurisdiction with respect to the offences it has established in accordance with s. 1 of the art. 3 where the alleged offender is on its territory and does not extradite him to the territory of another Party.

(3) This Convention shall not exclude the exercise of any jurisdiction in criminal matters established by a Party in accordance with its domestic law.

Art. 5 Confiscation

Each Party shall adopt such measures as may be necessary to permit confiscation:

(a)
Proceeds from offences established in accordance with s. 1 of the art. 3 or property whose value corresponds to that of the said goods;
(b)
Narcotic drugs, psychotropic substances, materials and equipment or other instruments used or intended to be used in any way for offences established in accordance with s. 1 of the art. 3.

(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.

4. A)
Where an application is made under this section by another Party that has jurisdiction to deal with an offence established pursuant to s. 1 of the art. 3, the Party in the territory of which the goods, goods, instruments or other things referred to in s. 1 of this article:
(i)
Forwards the request to its competent authorities for the purpose of issuing a confiscation order and, if that decision is made, the fact that it is enforced; or
(ii)
Shall transmit to its competent authorities, in order for it to be carried out within the limits of the application, the confiscation order made by the requesting Party in accordance with par. 1 of this section, in respect of goods, goods, instruments or other things referred to in s. 1 located in the territory of the requested Party.
(b)
Where an application is made under this section by another Party that has jurisdiction to deal with an offence established pursuant to s. 1 of the art. 3, the requested Party shall take measures to identify, detect and freeze or seize the goods, goods, instruments or other things referred to in s. 1 of this Article, for the purpose of possible confiscation ordered either by the requesting Party or, pursuant to an application made under para. (a) of this paragraph, by the requested Party.
(c)
The decisions or measures provided for in paras. (a) and (b) of this paragraph shall be taken by the requested Party in accordance with its domestic law and under the provisions of that right, and in accordance with its rules of procedure or any treaty, bilateral or multilateral agreement or arrangement To the requesting Party.
(d)
The provisions of s. 6 to 19 of the art. 7 apply Mutatis mutandis . In addition to the information referred to in s. 10 of the art. 7, requests made in accordance with this section shall contain the following information:
(i)
Where the application falls under para. (a) (i) of this paragraph, a description of the property to be confiscated and a statement of the facts on which the requesting Party is based, enabling the requested Party to make a confiscation order within the framework of its domestic law;
(ii)
Where the application falls under para. (a) (ii) a legally admissible copy of the confiscation order made by the requesting Party on which the application is based, a statement of facts, and information indicating the extent to which the decision is requested;
(iii)
Where the application falls under para. (b) a statement of the facts on which the requesting Party is based and a description of the measures requested.
(e)
Each Party shall communicate to the Secretary-General the text of its laws and regulations which give effect to this paragraph and the text of any subsequent amendment to those laws and regulations.
(f)
If a Party decides to make the measures referred to in paras. (a) and (b) of this paragraph to the existence of a treaty in this regard, it shall consider this Convention as a necessary and sufficient treaty basis.
(g)
The Parties shall endeavour to conclude bilateral and multilateral treaties, agreements or arrangements in order to enhance the effectiveness of international cooperation for the purposes of this article.
5. (a)
Any Party that confiscate goods or property under s. 1 or by. 4 of this Article shall be available in accordance with its internal law and administrative procedures.
(b)
Where a Party acts at the request of another Party under this Article, it may consider in particular to conclude agreements providing for:
(i)
To pay the value of such goods and goods, or the funds derived from their sale, or a substantial part of the value of those goods and goods, to intergovernmental bodies specialized in the fight against illicit trafficking and abuse of Narcotic drugs and psychotropic substances
(ii)
To share with other Parties, systematically or on a case-by-case basis, such goods or property, or funds arising from their sale, in accordance with its domestic law, administrative procedures or bilateral or multilateral agreements concluded at This purpose.
6. A)
If products have been transformed or converted into other goods, such goods may be subject to the measures referred to in this Article instead of those goods.
(b)
If goods have been mixed with property acquired legitimately, such property, without prejudice to any seizure or freezing powers, may be confiscated to the extent of the estimated value of the products involved.
(c)
Income and other benefits:
(i)
Products;
(ii)
Goods in which the goods have been transformed or converted; or
(iii)
Goods to which products have been involved;
May also be subject to the measures referred to in this Article in the same manner and to the same extent as products.

(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.

Art. 6 Extradition

(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:

(a)
If, for the reasons set out in para. (a) para. 2 of the art. 4, it does not extradite him for an offence established in accordance with s. 1 of the art. 3, submit the case to its competent authorities for the exercise of criminal proceedings, unless otherwise agreed with the requesting Party;
(b)
If it does not extradite him for such an offence and has established jurisdiction in respect of that offence in accordance with para. (b) from s. 2 of the art. 4, submit the case to its competent authorities for the exercise of criminal proceedings, unless the requesting Party requests otherwise in order to preserve its legitimate competence.

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.

Art. 7 Mutual Legal Assistance

(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:

(a)
To collect testimony or testimony;
(b)
Serve judicial acts;
(c)
Conduct searches and seizures;
(d)
Examine objects and visit places;
(e)
Provide information and exhibits;
(f)
Provide originals or certified copies of relevant documents and records, including bank statements, accounting records, corporate records and business documents;
(g)
Identify or detect products, goods, instruments or other things to gather evidence.

(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:

(a)
The designation of the authority from which the application originates;
(b)
The purpose and nature of the investigation, the criminal proceedings or the judicial proceedings to which the application relates and the name and functions of the authority entrusted with it;
(c)
A summary of the relevant facts, except for requests for service of judicial documents;
(d)
A description of the assistance required and details of any special procedures which the requesting Party wishes to apply;
(e)
If possible, the identity, address and nationality of the person concerned; and
(f)
The purpose in which the testimony, information or action is requested.

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:

(a)
If the application is not made in accordance with the provisions of this Article;
(b)
If the requested Party considers that the execution of the application may affect its sovereignty, security, public order or other essential interests;
(c)
In the event that the legislation of the requested Party would prohibit its authorities from taking the action requested if it had been a similar offence under investigation, criminal proceedings or judicial proceedings in the context of Their own competence;
(d)
In the event that it is contrary to the legal system of the requested Party concerning mutual legal assistance to accept the request.

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.

Art. 8 Transfer of repressive procedures

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.

Art. Other forms of cooperation and training

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:

(a)
They shall establish and maintain channels of communication between relevant national bodies and services in order to facilitate the safe and expeditious exchange of information on all aspects of the offences established in accordance with paragraph 1. 1 of the art. 3, including, if the Parties concerned consider it appropriate, the links of that traffic with other criminal activities.
(b)
They shall cooperate with each other in relation to offences established in accordance with paragraph 1. 1 of the art. 3 and having an international character, by conducting investigations concerning:
(i)
The identity, location and activities of persons suspected of offences established in accordance with s. 1 of the art. 3;
(ii)
The movement of goods and goods from the commission of such offences;
(iii)
The movement of narcotic drugs, psychotropic substances, substances listed in Table I and Table II of this Convention and instruments used or intended for use in the commission of such offences.
(c)
Where appropriate, and if this is not contrary to their domestic law, they shall establish, taking into account the need to protect the security of persons and operations, joint teams responsible for implementing the provisions of the present Paragraph. The agents of any Party that are members of such teams shall comply with the indications of the competent authorities of the Party in whose territory the operation is taking place. In all such cases, the Parties concerned shall ensure that the sovereignty of the Party in the territory of which the transaction is conducted is fully respected.
(d)
They shall, where appropriate, provide the necessary quantities of substances for analysis or investigation.
(e)
They facilitate effective coordination between their relevant agencies and services and facilitate the exchange of staff and experts, including the secondment of liaison officers.

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:

(a)
The methods used to detect and suppress offences established in accordance with subs. 1 of the art. 3;
(b)
Itineraries and techniques used by persons suspected of offences established in accordance with s. 1 of the art. 3, in particular in transit states, and appropriate control measures;
(c)
Control of the import and export of narcotic drugs, psychotropic substances and substances listed in Table I and Table II;
(d)
The detection and control of the movement of goods and goods from the commission of offences established pursuant to s. 1 of the art. 3, and narcotic drugs, psychotropic substances listed in Table I and Table II and instruments used or intended for use in the commission of such offences;
(e)
The methods used to transfer, conceal or disguise these pro duits, goods and instruments;
(f)
The gathering of evidence;
(g)
Control techniques in free zones and free ports;
(h)
Modern techniques of detection and suppression.

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.

Art. 10 International cooperation and assistance to transit States

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.

Art. 11 Monitored Delivery

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.

Art. 12 Substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

(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:

(a)
The substance is frequently used in the illicit manufacture of a narcotic or psychotropic substance; and
(b)
That the illicit manufacture of a narcotic or psychotropic substance, by their volume and magnitude, creates serious public or social health problems, thereby justifying action at international level,

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.

7. A)
Decisions taken by the Commission under this Article shall be submitted to the Board for review if requested by a Party within 180 days of the date of notification. The request shall be addressed to the Secretary-General together with all relevant information on the basis of the request.
(b)
The Secretary-General shall transmit copies of the request and relevant information to the Commission, the Board and all Parties, inviting them to submit their comments within 90 days. All comments received shall be forwarded to the Council for consideration.
(c)
The Council may confirm or annul the Commission's decision. Its decision shall be communicated to all States and other entities that are Parties to this Convention or are empowered to become Parties, to the Commission and to the Board.
8. (a)
Without prejudice to the general character of the provisions of s. 1 of this Article and of the provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, the Parties shall take such measures as they deem appropriate to control, on their territory, manufacturing And the distribution of substances listed in Table I and Table II.
(b)
To this end, the Parties may:
(i)
To supervise all persons and undertakings engaged in the manufacture and distribution of such substances;
(ii)
Subject to a licensing scheme the establishments and premises in which such manufacture or distribution may be made;
(iii)
Require licensees to obtain authorization to conduct the above-noted transactions;
(iv)
Prevent the accumulation by manufacturers and distributors of quantities of such substances exceeding those required for the normal operation of their business and the situation of the market.

9. With regard to the substances listed in Table I and Table II each Party shall take the following measures:

(a)
It establishes and maintains an international trade monitoring system for substances listed in Table I and Table II in order to facilitate the detection of suspicious transactions. These surveillance systems must be implemented in close cooperation with importers, exporters, wholesalers and retailers, who report suspicious orders and operations to the competent authorities.
(b)
It provides for the seizure of any substance listed in Table I and Table II if there is sufficient evidence that it is intended for use in the illicit manufacture of a narcotic or psychotropic substance.
(c)
It shall inform the competent authorities and services of interested Parties as soon as possible if there is reason to believe that a substance listed in Table I or Table II is imported, exported or transported in transit for the purpose of Illicit manufacture of narcotic drugs or psychotropic substances, in particular by providing information on the methods of payment used and any other essential elements on which the conviction is based.
(d)
It requires that shipments subject to imports and exports be properly marked and accompanied by the necessary documentation. Trade documents such as invoices, manifests, customs documents, transport documents and other shipping documents shall indicate the names of the substances subject to import or export as shown in Table I or In Table II, the quantity imported or exported, and the name and address of the exporter, importer and, where known, the consignee.
(e)
It shall ensure that the documents referred to in para. (d) of this paragraph shall be kept for at least two years and shall be kept at the disposal of the competent authorities for examination.
10. (a)
In addition to the provisions of s. 9, and upon request addressed to the Secretary-General by the Party concerned, each Party of the territory of which a substance listed in Table I is to be exported shall ensure that, prior to exportation, the following information is provided by Its competent authorities to the competent authorities of the importing country:
(i)
The name and address of the exporter and importer and, where known, the consignee;
(ii)
The designation of the substance as shown in Table I;
(iii)
The quantity of the substance exported;
(iv)
The entry point and the expected date of shipment;
(v)
Any other mutually agreed information between the Parties.
(b)
Any Party may adopt stricter or more stringent control measures than those provided for in this paragraph if it deems it desirable or necessary.

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:

(a)
The quantities of substances listed in Table I and Table II that have been seized and, if known, their origin;
(b)
Any other substance not listed in Table I or Table II but which has been identified as having been used in the illicit manufacture of narcotic drugs or psychotropic substances and which the Party considers to be sufficiently important for Be brought to the attention of the Organization;
(c)
Methods of diversion and illicit manufacture.

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.

Art. 13 Hardware and equipment

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.

Art. 14 Measures to eliminate the illicit cultivation of narcotic drugs and to suppress the illicit demand for narcotic drugs and psychotropic substances

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.

3. A)
Parties may cooperate to make efforts to eliminate illicit cultivation more effective. Such cooperation may include, where appropriate, support for integrated rural development leading to economically viable alternative crops. Before implementing such rural development programmes, factors such as market access, available resources and socio-economic conditions must be taken into account. The Parties may agree on other appropriate measures of cooperation.
(b)
The Parties shall also facilitate the exchange of scientific and technical information and the execution of research on the elimination of illicit cultivation.
(c)
When they have common borders, the Parties shall endeavour to cooperate in programmes for the elimination of illicit cultivation in their respective border areas.

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.

Art. 15 Commercial Carriers

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:

(a)
If the commercial carrier has its principal place of business in the territory of that Party:
(i)
Train personnel who are able to identify the consignments or suspects,
(ii)
To enhance the integrity of staff;
(b)
If the commercial carrier operates in the territory of that Party:
(i)
Deposit manifests in advance, whenever possible,
(ii)
To use, for containers, infalsifiable seals that are capable of separate control,
(iii)
Inform the competent authorities as soon as possible of any suspicious circumstances which may be linked to the commission of offences established in accordance with paragraph (a). 1 of the art. 3.

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.

Art. 16 Trade documents and export marking

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.

Art. 17 Illicit traffic by sea

(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:

(a)
Boarding the vessel;
(b)
Visiting the ship;
(c)
If evidence of participation in illicit traffic is discovered, take appropriate action with respect to the ship, persons on board and the cargo.

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.

Art. 18 Free zones and free ports

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:

(a)
Monitor the movement of goods and persons in free zones and free ports and, for this purpose, enable the competent authorities to visit the consignments and incoming and outgoing ships, including ships Recreational and fishing, as well as aircraft and vehicles and, where applicable, to search the crew and passengers as well as their baggage;
(b)
Establish and maintain a system for detecting shipments suspected of containing narcotic drugs, psychotropic substances or substances listed in Table I and Table II entering the free zones and ports Francs or out of them;
(c)
Establish and maintain surveillance systems in port basins and warehouses, as well as at airports and border crossings in free zones and open ports.
Art. 19 Use of Postal Services

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:

(a)
Coordinated action for the prevention and enforcement of the use of postal services for the purpose of illicit trafficking;
(b)
The adoption and implementation by law enforcement agencies of investigative and control techniques to detect illicit shipments of narcotic drugs and psychotropic substances in postal items Substances listed in Table I and Table II;
(c)
Legislative measures allowing the use of appropriate means to gather evidence necessary for legal proceedings.
Art. Information to be provided by the Parties

The Parties shall provide the Commission, through the Secretary-General, with information on the implementation of this Convention on their territory and in particular:

(a)
The text of the laws and regulations enacted to give effect to this Convention;
(b)
Details of the cases of illicit traffic falling within their jurisdiction which they consider to be important because these cases reveal new trends, indicating the quantities involved, the sources to which the substances are pro or Methods used by persons who engage in illicit traffic.

2. The Parties shall provide such information in the manner and on the dates fixed by the Commission.

Art. Functions of the Commission

The Commission shall have the power to consider all matters relating to the purposes of this Convention, and in particular:

(a)
On the basis of the information submitted by the Parties in accordance with Art. 20, the Commission shall monitor the implementation of this Convention.
(b)
The Commission may make suggestions and general recommendations based on the review of information received from the Parties.
(c)
The Commission may draw the attention of the Board to all matters which may relate to the functions of the Board.
(d)
The Commission shall take such measures as it considers appropriate with regard to any matter referred to it by the Board pursuant to s. (lbs) of s. 22.
(e)
The Commission may, in accordance with the procedures set out in Art. 12 amend Table I and Table II.
(f)
The Commission may draw the attention of non-Parties to the decisions and recommendations it adopts under this Convention, so that they may consider taking action accordingly.
Art. Functions of the Board

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:

(a)
If, after consideration of the information available to the Board, the Secretary-General or the Commission, or information provided by United Nations organizations, the Board has reason to believe that it is not Of this Convention in matters falling within its competence, it may invite a Party or Parties to provide all relevant information.
(b)
With regard to art. 12, 13 and 16:
(i)
After acting in accordance with para. (a) of this paragraph, the Board may, if it deems it necessary, request the Party concerned to take corrective measures which, because of the circumstances, appear necessary to ensure the enforcement of the provisions of s. 12, 13 and 16,
(ii)
Before acting in accordance with para. (iii) below, the Board shall treat as confidential communications that it has exchanged with the Party concerned under the preceding paragraphs,
(iii)
If it finds that the Party concerned has not taken the corrective measures that it has been invited to take in accordance with this paragraph, the Board may draw the attention of the Parties, the Council and the Commission to the matter. Any report published under this paragraph shall also contain the opinion of the Party concerned if it so requests.

(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.

Art. Report of the Board

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.

Art. 24 Application of more stringent measures than those required by this Convention

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.

Art. 25 Non-derogation from rights and obligations arising from previous treaties

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.

Art. 26 Signature

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:

(a)
All states;
(b)
Namibia, represented by the United Nations Council for Namibia;
(c)
Regional economic integration organizations with competence in the negotiation, conclusion and implementation of inter-national agreements on matters covered by this Convention references in the Convention To the Parties, States or national services being applicable to such organisations within the limits of their competence.
Art. 27 Ratification, acceptance, approval or formal confirmation

(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.

Art. 28 Accession

(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.

Art. Entry into force

(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.

Art. Denunciation

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.

Art. Amendments

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.


Art. 32 Dispute Settlement

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.

Art. 33 Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention shall be equally authentic.

Art. 34 Depositary

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)

Annex

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).


Status on March 11, 2015

Scope of application on 11 March 2015 6

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 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 the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

Reservations and declarations

Switzerland 7

A.
Reservation on Art. 3, para. 2 Switzerland does not consider itself to be bound by s. 3, para. 2, as regards the maintenance or adoption of criminal standards under the legislation on narcotic drugs.
B.
Reservation on Art. 3, para. 6 to 8 Switzerland does not consider the requirements of art. 3, para. 6 to 8, as binding as in so far as they are compatible with criminal legislation and Swiss crime policy.

RO 2006 531 ; FF 1996 I 557


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 )


Status on March 11, 2015