Key Benefits:
Original text
(State on 31 May 2013)
Preamble
The Parties,
Mindful of the physical and moral health of humanity,
Recognizing that the medical use of narcotic drugs remains indispensable for the relief of pain and that appropriate measures must be taken to ensure that narcotic drugs are available for that purpose,
Recognising that drug addiction is a scourge for the individual and constitutes an economic and social danger to humanity,
Conscious of their duty to prevent and combat this scourge,
Whereas in order to be effective measures against drug abuse must be coordinated and universal,
Believing that such universal action requires international cooperation guided by the same principles and aimed at common goals,
Recognizing the competence of the United Nations in the field of narcotic control and Wanting That the relevant international bodies be grouped within the framework of that Organization,
Desiring to conclude an international convention acceptable to all, replacing most existing drug treaties, limiting the use of narcotic drugs for medical and scientific purposes and establishing cooperation Continuing international efforts to implement these principles and achieve these goals,
Agree to the following:
1. Unless expressly stated otherwise or unless the context otherwise requires, the following definitions apply to all the provisions of this Convention:
2. For the purposes of this Convention, a narcotic shall be considered to be consumed when it has been provided to any person or undertaking for retail distribution, for medical use or for scientific research; the word "consumption" will be heard According to this definition.
With the exception of control measures limited to specific narcotics, narcotic drugs in Table 1 shall be subject to all control measures applicable to narcotic drugs covered by this Convention and, in particular, to measures Provided for in the following articles: 4 (para. (c), 19, 20, 21, 29, 30, 31, 32, 33, 34 and 37.
2. The narcotics in Table II are subject to the same control measures as the narcotic drugs in Table I, with the exception of the measures provided for in subs. 2 and 5 of Article 30, with regard to retail trade.
3. Preparations other than those in Table III are subject to the same control measures as the narcotic drugs they contain, but the assessments (art. 19) and statistics (art. 20) other than those relating to these narcotic drugs will not be required in the case of such preparations and the provisions of s. 29 (para. 2, c) and art. 30 (para. 1, b, ii) will not be applied.
4. The preparations in Table III are subject to the same control measures as preparations containing narcotic drugs in Table II. However, s. 1b, and 3-15 of art. 31 and, in respect of their acquisition and retail issuance, para. B of art. 34, will not necessarily be applied, and for assessment purposes (s. 19) and statistics (art. 20), the information requested will be limited to the quantities of narcotics used in the manufacture of these preparations.
5. Narcotics of Table IV will also be included in Table I and subject to all control measures applicable to narcotic drugs of the latter Table, and additionally:
6. In addition to the control measures applicable to all narcotics in Table I, opium is subject to the provisions of art. 19, para. 1, al. F, and art. 21 Bis , 23 and 24, the coca leaf to the provisions of art. 26 and 27 and cannabis to the provisions of s. 28.
7. The opium poppy, the coca bush, the cannabis plant, the poppy straw and the cannabis leaves are subject to the control measures provided for in Art. 19, para. 1, sub-paragraph e, art. 20, para. 1, para. g, art. 21 Bis And art. 22 to 24; 22, 26 and 27; 22 and 28; 25 and 28.
8. The Parties shall do everything in their power to submit to monitoring measures as far as possible substances that are not covered by this Convention, but which may be used for illicit manufacture Of narcotics.
9. The Parties are not required to apply the provisions of this Convention to narcotics that are commonly used in the industry for purposes other than medical or scientific purposes, provided that:
(1) If a Party or the World Health Organization is in possession of information which, in its opinion, makes it necessary to amend any of the tables, it shall send to the Secretary-General a notification accompanied by all Relevant information in support thereof.
The Secretary-General shall communicate such notification and the information it deems relevant to the Parties, to the Commission and, if the notification has been addressed by a Party, to the World Health Organization.
3. If a notification relates to a substance that is not already listed in Table I or Table II,
4. If the World Health Organization finds that a preparation cannot, because of the substances it contains, give rise to abuse or produce harmful effects (para. 3) and that the narcotic it contains is not easily recoverable, the Commission, as recommended by the World Health Organization, may enter this preparation in Table III.
5. If the World Health Organization finds that a narcotic in Table I is particularly likely to result in abuse and harmful effects (para. 3), and that this danger is not offset by appreciable therapeutic benefits not possessed by substances other than those of Table IV, the Commission may, on the recommendation of the World Health Organization, include this Staggering in Table IV.
6. Where a notification relates to a narcotic of Table I or Table II or to a preparation of Table III, the Commission, apart from the action provided for in par. 5, may, as recommended by the World Health Organization, amend any of the Tables, either:
7. Any decision of the Commission pursuant to this Article shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to this Convention, to the Organization World Health Organization and the Board. The decision shall take effect in respect of each Party on the date of receipt of the above-mentioned communication, and the Parties shall then take all measures required by this Convention.
9. The decisions of the Commission pursuant to this section shall not be subject to examination under s. 7.
The Parties shall take the necessary legislative and administrative measures:
Recognizing the competence of the United Nations in the international control of narcotic drugs, the Parties agree to entrust the Commission on Narcotic Drugs of the Economic and Social Council and the International Narcotics Control Board Control of narcotic drugs the functions assigned to these bodies by this Convention, respectively.
The United Nations shall bear the expenses of the Commission and the Board under conditions to be determined by the General Assembly. Parties that are not members of the United Nations shall contribute to the costs of the international monitoring bodies, the General Assembly shall, after consulting the Governments of those Parties, periodically determine the amount of the Contributions that it deems equitable.
Except in respect of decisions under s. 3, any decision or recommendation adopted by the Commission in respect of the provisions of this Convention shall be taken subject to the approval of the Council or the General Assembly or any modification adopted by any of the These bodies in the same manner as other decisions or recommendations of the Commission.
The Commission shall have the power to consider all matters relating to the purposes of this Convention, and in particular:
The Board shall be composed of thirteen members elected by the Council as follows:
(2) The members of the Board shall be persons who, through their competence, impartiality and selflessness, shall inspire general confidence. During their term of office, they shall not occupy any position or engage in any activity that is likely to prevent them from exercising their duties impartially. The Council shall, in consultation with the Board, take all necessary measures to ensure the full technical independence of the Board in the performance of its functions.
(3) The Council, having regard to the principle of equitable geographical representation, shall take into account the interest of persons who are aware of the situation of narcotic drugs in the Board in equitable proportion In the producing countries, manufacturers and consumers, and who have ties with those countries.
4. Without prejudice to the other provisions of this Convention, the Board, acting in cooperation with Governments, shall endeavour to limit the cultivation, production, manufacture and use of narcotic drugs to the amounts required for purposes of And to prevent the cultivation, production, manufacture, trafficking and illicit use of narcotic drugs.
5. The measures taken by the Board under this Convention will always be those that will be the most appropriate to serve the cooperation of Governments with the Board and to make possible an ongoing dialogue between Governments and The Board, in order to assist and facilitate effective action by Governments in pursuit of the purposes of this Convention.
The members of the Board shall be elected for five years and shall be eligible for re-election.
(2) The term of office of each member of the Board shall be concluded on the day before the first meeting of the Board to which its successor has the right to sit.
3. A member of the Board who has been absent at three consecutive sessions will be considered to have resigned.
The Council may, on the recommendation of the Board, remove a member of the Board who no longer meets the requirements of s. 2 of the art. 9. This recommendation should be made by an affirmative vote of nine members of the Board.
5. Where the seat of a member of the Board becomes vacant during the term of office of its holder, the Council shall provide for that vacancy by electing another member as soon as possible for the remainder of the term of office, in accordance with the provisions of the Applicable to s. 9.
6. The members of the Board shall receive appropriate remuneration, the amount of which shall be fixed by the General Assembly.
(1) The Board shall elect its chairman and the members whose election is deemed necessary for the establishment of its office; it shall adopt its rules of procedure.
(2) The Board shall meet as often as it deems necessary for the satisfactory performance of its functions, but shall hold at least two sessions per calendar year.
The necessary quorum for the meetings of the Board shall be eight members.
The Board shall determine the date or dates upon which the assessments are to be provided, in accordance with Art. 19, as well as the form in which they are to be presented, and prescribe forms for this purpose.
2. With regard to countries and territories to which this Convention does not apply, the Board shall invite the Governments concerned to provide assessments in accordance with the provisions of this Convention.
3. In the event that a State does not provide in accordance with the date fixed for the assessments of one of its territories, the Board shall establish them as far as possible, and, as far as possible, in cooperation with the Government Interested.
The Board will review the assessments, including additional assessments, and, with the exception of special needs, the Board may request, for each country or territory for which an assessment has been provided, the information it provides. Consider necessary in order to complete the assessments or to elucidate such an indication.
5. In order to limit the use and distribution of narcotic drugs to the amounts required for medical and scientific purposes and to ensure that they are satisfied, the Board shall, as soon as possible, confirm the assessments, including the Additional assessments may also be amended with the consent of the Government concerned. In case of disagreement between the Government and the Board, the Board shall have the right to establish, communicate and publish its own assessments, including supplementary assessments.
6. In addition to the documentation provided for in s. 15, the Board shall publish, on the dates that it has fixed, but at least once a year, the information relating to the assessments which it will be required to facilitate the implementation of this Convention.
The Board shall determine the manner and form under which the statistics shall be provided as provided for in Article 20 and shall prescribe the forms for that purpose.
2. The Board shall review the statistics to determine whether Parties or other States have complied with the provisions of this Convention.
(3) The Board may request additional information that it deems necessary to supplement or elucidate such an indication.
4. The Board shall have no jurisdiction to ask questions or express an opinion on the statistics on narcotic drugs required for special purposes.
2. When it draws the attention of the Parties, the Council and the Commission to a question in accordance with para. D of s. 1 above, the Board may, if it considers such a measure necessary, recommend to the Parties that the importation of narcotic drugs from the country concerned or the export of narcotic drugs to that country be stopped
Country or territory, or both import and export, either for a specified period or until the situation in that country or territory satisfies the country or territory. The State concerned shall have the right to bring the matter before the Council."
(3) The Board shall have the right to publish a report on any matter covered by the provisions of this Article and to communicate it to the Council, which shall transmit it to all Parties. If the Body publishes a decision under this Article in this report, or information concerning that decision, it shall also publish the opinion of the Government concerned if the latter so requests.
4. In cases where a decision of the Body published in accordance with this Article has not been adopted unanimously the opinion of the minority shall be exposed.
(5) Any State shall be invited to be represented at the meetings of the Board during which an issue of direct relevance to this Article shall be considered.
6. The decisions of the Board under this Article shall be adopted by a two-thirds majority of the total number of members of the Board.
In cases where it deems it appropriate, the Board, acting in accordance with the Government concerned, may at the same time be in place of the measures set out in s. 1 and 2 of Art. Recommend to the competent organs of the United Nations and the specialized agencies that technical or financial assistance, or both, be provided to the Government in support of its efforts to carry out its Obligations under this Convention, in particular those stipulated or referred to in Art. 2, 35, 38 and 38 Bis .
The Board shall prepare an annual report on its work and any additional reports that it may deem necessary and include an analysis of the assessments and statistical information available to it and, in the Appropriate cases, a statement of the explanations that Governments were able to provide or were required to provide, as well as any comments and recommendations that the Board may wish to make. These reports shall be submitted to the Council through the Commission, which may make such comments as it deems appropriate.
2. The reports shall be submitted to the Parties and subsequently published by the Secretary-General. The Parties shall permit the free distribution of such reports.
The secretariat of the Commission and the Board will be provided by the Secretary-General. However, the Secretary of the Board shall be appointed by the Secretary-General in consultation with the Board."
The Parties shall maintain a special administration to implement the provisions of this Convention.
The Parties shall provide the Secretary-General with information that the Commission may request as necessary for the performance of its functions, including:
2. The Parties shall provide the information provided for in the preceding paragraph, in the form and on the dates indicated and using such forms for which the Commission may apply for employment.
The Parties shall address to the Board, each year and for each of their territories, in the manner and form that it prescribes, assessments relating to the following subjects and established on forms provided by the Board:
3. Any State may provide additional assessments in the course of the year, setting out the circumstances which make them necessary.
4. The Parties shall inform the Board of the method used to determine the quantities specified in the assessments and the changes that may have been made to that method.
5. Subject to deductions under subs. 3 of Art. 21, and taking into account the provisions of Art. 21 Bis Evaluations should not be exceeded.
(1) The Parties shall address to the Board, for each of their territories, in the manner and form that it prescribes, statistics relating to the following subjects and established on forms provided by the Board:
3. The Parties shall not be required to provide statistics relating to special stocks, but shall separately provide statistics relating to narcotic drugs imported or acquired in the country or territory for special purposes. The quantity of narcotic drugs taken from special stocks to meet the needs of the civilian population.
The total quantity of each narcotic that will be manufactured and imported by any country or territory in any given year shall not exceed the sum of the following:
2. The sum of the items listed in s. 1, it will be deducted any quantity that has been seized and placed on the market, as well as any quantity fixed on special stocks to satisfy the needs of the civilian population.
3. If the Board finds that the quantity manufactured and imported in a given year exceeds the sum of the quantities listed in par. 1, taking into account the deductions under s. 2 of this Article, the surplus thus found to subsist at the end of the year shall be deducted, the following year, from the quantities to be manufactured or imported, together with the total of the assessments defined in subs. 2 of the art. 19.
1. The production of opium by any country or territory shall be organized and controlled in such a way that, to the extent possible, the quantity produced in a given year is not greater than the assessment, established in accordance with par. 1 f of art. 19, of the quantity of opium which it is intended to produce,
2. If the Board finds, on the basis of the information provided to it in accordance with the provisions of this Convention, that a Party that has provided an assessment in accordance with par. 1 f of art. 19 did not limit opium produced within its borders for licit purposes in accordance with the relevant assessments, and that a significant amount of opium produced, lawfully or illegally, within the borders of that Party, was On the illicit market, the Board may, after considering the explanations of the Party concerned, which must be submitted to it within a period of one month following the notification of that finding, decide to deduct all or part of it Amount of the quantity that will be produced and the total of the assessments as defined in subs. 2 b of Art. 19 for the first year in which such deduction will be technically applicable, taking into account the time of the year and the contractual commitments to which the Party concerned has agreed to export opium. This decision shall take effect 90 days after notification by the Party concerned.
(3) The Board, after notifying the Party concerned of its decision on a deduction taken in accordance with subs. 2 above, will enter into consultation with it in order to provide a satisfactory solution to the situation.
4. If the situation is not satisfactorily resolved, the Board may, where appropriate, apply the provisions of s. 14.
5. In making its decision on the deduction under subs. 2 above, the Board shall take into account not only all relevant circumstances, including those that give rise to the problem of the illicit traffic referred to in s. 2 above, but also any new appropriate measure of control that the Party may have adopted.
1. Where the situation in the country or territory of a Party is such that the prohibition of cultivation of opium poppy, coca bush or cannabis plant is, in its opinion, the most appropriate measure for the protection of public health, and To prevent drugs from being diverted to illicit traffic, the Party concerned will prohibit the cultivation of illicit drugs.
(2) The Party which prohibits the cultivation of opium poppy or the cannabis plant shall take appropriate measures to seize and destroy illicitly cultivated plants, except for small quantities necessary for the Party for the purpose of Scientific research.
(1) Any Party that authorizes the cultivation of opium poppy for the production of opium shall, if it has already done so, establish and maintain one or more State bodies (hereinafter referred to in this Article by the term "body") Perform the functions specified in this section.
(2) Any Party referred to in the preceding paragraph shall apply the following provisions to the cultivation of opium poppy for opium and opium production:
3. The administrative functions provided for in s. 2 shall be exercised by a single State body if the Constitution of the Party concerned so permits.
3. Notwithstanding the provisions of paras. A and b of s. 2, a Party which, during the ten years immediately preceding 1 Er January 1961, exported opium produced by it may continue to export the opium it produces.
The provisions of this Article shall not prevent a Party from:
1. A Party that permits opium poppy cultivation for purposes other than opium production will take all necessary measures to ensure:
2. The Parties shall apply to the poppy straw the system of import licences and export authorisations provided for in s. 4 to 15 of the Art. 31.
3. The Parties shall provide the same statistics on the import and export of poppy straw than those for narcotic drugs. 1, d, and 2, b, art. 20.
1. If a Party permits the cultivation of coca bush, it shall apply to it, as well as to the coca leaf, the control regime provided for in Art. 23, for opium poppy; in relation to para. D of s. 2 of this section, the obligation imposed on the specified body will only be to enter materially in possession of the harvest, as soon as possible after it has been made.
2. Wherever possible, the Parties shall make the grubbing-up of all existing coconut trees in the wild. They will destroy illegally cultivated coca bush.
The Parties may permit the use of coca leaves for the preparation of an aromatic product which shall not contain any alkaloids and may, to the extent necessary for such use, permit production, import, The export, trade and possession of these leaves.
2. The Parties shall provide separately the assessments (art. 19) and statistics (art. 20) concerning coca leaves for the preparation of such an aromatic product; however, there will be no need to do so if the same coca leaves are used for the extraction of alkaloids as well as for the extraction of products And if this is specified in the evaluations and statistics.
1. If a Party permits the cultivation of cannabis plants for the production of cannabis or cannabis resin, it shall apply the control regime provided for in art. 23 as regards control of opium poppy.
2. This Convention shall not apply to the cultivation of the cannabis plant exclusively for industrial purposes (fibres and seeds) or for horticultural purposes.
3. The Parties shall adopt such measures as may be necessary to prevent the abuse of the leaves of the cannabis plant or the illicit traffic in that plant.
(1) The Parties shall require the manufacture of narcotic drugs to be licensed, except where such manufacture is carried out by one or more State enterprises.
2. The Parties:
3. The Parties shall prevent the accumulation, in the possession of the manufacturers of narcotic drugs, of quantities of narcotics and poppy straw exceeding those necessary for the normal functioning of the undertaking, taking into account the situation of the Market.
In addition, the Parties shall:
3. It is desirable for the Parties to require that written or printed offers of narcotic drugs, advertisements of any kind as well as descriptive records relating to narcotic drugs and used for purposes Trade, packaging containing narcotic drugs and the labels under which the narcotic drugs are put on sale, indicate the international common name provided by the World Health Organization.
4. If a Party considers that such a measure is necessary or desirable, it will require that any packaging containing a narcotic bears a very apparent double red net. The package in which this packaging is shipped will not bear this double red net.
5. The Parties will require that the label under which a drug is put on sale specifically identify the narcotic (s) contained therein and their weight or percentage. The obligation to provide this information on the label will not necessarily apply to a narcotic dispensed to an individual on a masterly prescription.
6. The provisions of s. 2 and 5 will not necessarily apply to the retail trade or retail distribution of Schedule II narcotics.
The Parties shall not knowingly permit the export of narcotic drugs to any country or territory, except:
2. The Parties shall exercise the same supervision and control in the free ports and free zones as in other parts of their territories, on the understanding, however, that they may apply a more stringent regime.
5. Before issuing an export authorization, the Parties shall require an import certificate issued by the competent authorities of the importing country or territory attesting that the importation of the narcotic or narcotic Is approved and this certificate will be issued by the person or institution requesting the export authorization. The Parties shall comply as far as possible with the import certificate model approved by the Commission.
6. A copy of the export authorization will be attached to each shipment, and the government issuing the export authorization will send a copy to the government of the importing country or territory.
8. Exports in the form of consignments addressed to a bank account of a person other than the person whose name appears on the export authorization or a post office box will be prohibited.
9. Exports in the form of consignments addressed to a customs bonded warehouse shall be prohibited, unless the Government of the importing country specifies on the import certificate produced by the person or establishment requesting the authorization The exporter has approved the importation of the shipment in order for it to be deposited in a customs bonded warehouse. In such cases, the export authorization will specify that the shipment is made for that purpose. Any withdrawal from the customs warehouse shall be subject to the submission of a permit issued by the authorities of which the warehouse is located, and, in the case of a consignment to foreign destination, it shall be deemed to be a new export within the meaning of this Convention.
(10) Shipments of narcotic drugs entering the territory of a Party or leaving without being accompanied by an export permit shall be retained by the competent authorities.
11. A Party shall not permit the transit through its territory, in the direction of another country, of any shipment of narcotic drugs, whether or not the shipment is unloaded from the vehicle carrying it, unless the copy of the authorization Shall be submitted to the competent authorities of the said Party.
12. The competent authorities of any country or territory through which the passage of a consignment of narcotic drugs is authorised shall take all the measures necessary to prevent the diversion of that consignment to a destination other than that which On the copy of the export authorization attached to the shipment, unless the government of the country or territory through which the said shipment is made authorizes the diversion. The Government of that country or territory shall treat any request for diversion as if it were an export from the country or territory of transit to the country or territory of the new destination. If the diversion is authorized, the provisions of paras. A and b of s. 7 shall also apply between the country or territory of transit and the country or territory from which the shipment was originally exported.
13. No shipment of narcotics in transit or deposited in a customs bonded warehouse may be subjected to any treatment that would alter the nature of those narcotic drugs. The packaging cannot be modified without the authorisation of the competent authorities.
14. The provisions of s. 11 to 13 relating to the transit of narcotic drugs in the territory of a Party shall not apply if that consignment is carried by the air route provided that the aircraft is not landing in the country or territory of transit. If the aircraft makes a landing in that country or territory, these provisions shall apply to the extent that the circumstances so require.
The provisions of this Article shall not prejudice those of any international agreement which limits the control which may be exercised by any Party on narcotic drugs in transit.
16. None of the provisions of this Article, except by 1, a, and 2, will necessarily apply to the preparations of Table III.
International carriage by ships or aircraft of limited quantities of narcotic drugs that may be necessary during the voyage for the administration of first aid and for emergencies shall not be regarded as an import Export within the meaning of this Convention.
2. Appropriate precautions shall be taken by the country of registration to prevent the undue use of narcotic drugs referred to in paragraph 1 or their diversion for illicit purposes. The Commission will recommend these precautions in consultation with the relevant international organisations.
3. Narcotics transported by ships or aircraft in accordance with the provisions of subs. 1 shall be subject to the laws, regulations, permits and licences of the country of registration without prejudice to the right of the competent local authorities to carry out checks, inspections and other control operations on board ships or aircraft. The administration of these narcotic drugs in the event of an emergency will not be considered contrary to the provisions of s. 30, para. 2, b.
The Parties shall not permit the possession of narcotic drugs without legal authorization.
The Parties will require:
With due regard to their constitutional, legal and administrative regimes, the Parties shall:
2. Subject to the constitutional provisions of each Party, its legal system and national law,
3. Nothing in this Article shall affect the provisions of the criminal law of a Party in matters of jurisdiction.
4. The provisions of this Article shall be limited in matters of jurisdiction by the criminal law of each Party.
All drugs, substances and materials used in the commission of any of the offences referred to in s. 36 or intended to commit such an offence may be seized and confiscated.
1. The Parties shall consider with particular attention the abuse of narcotic drugs and shall take all possible measures to prevent and ensure prompt screening, treatment, education, post-care, rehabilitation and Social reintegration of interested persons; they will coordinate their efforts for these purposes.
2. The Parties shall promote, as far as possible, the training of staff to ensure the treatment, aftercare, rehabilitation and social reintegration of persons who abuse narcotic drugs.
3. The Parties shall take all possible measures to assist persons in need in the exercise of their profession to acquire knowledge of, and develop, the problems posed by drug abuse and its prevention Also this knowledge in the general public if there is reason to fear that the abuse of these drugs will spread very widely.
If a Party considers it desirable, in its fight against the illicit traffic in narcotic drugs, and taking into account its constitutional, legal and administrative regime, it shall endeavour, by requesting such technical advice, to The Board or specialized agencies, to establish, in consultation with other interested Parties in the region, agreements providing for the establishment of regional centres for scientific research and education to solve problems Arising from the illicit use and trafficking of narcotic drugs. "
Notwithstanding any provision of this Convention, no Party shall, or shall be presumed to be prevented from adopting more stringent or stricter control measures than those provided for in this Convention, and in particular to require The preparations of Table III or the narcotic drugs of Table II are subject to the control measures applicable to narcotic drugs in Table I, or to some of them, if it deems it necessary or appropriate for the protection of health Public.
(1) This Convention, of which the English, Chinese, Spanish, French and Russian texts are equally authentic, shall be open until 1 Er August 1961 at the signature of all States Members of the United Nations, of all non-member States Parties to the Statute of the International Court of Justice 1 Or a member of a specialized agency of the United Nations and of any other State which the Council may invite to become a Party.
2. This Convention shall be subject to ratification. Instruments of ratification shall be deposited with the Secretary-General.
(3) This Convention shall be open for accession by the States referred to in s. 1 after 1 Er August 1961. Instruments of accession shall be deposited with the Secretary-General.
(1) This Convention shall enter into force on the expiration of the thirtieth day after the date of the deposit of the fortieth instrument of ratification or accession, in accordance with art. 40.
(2) For any other State which is an instrument of ratification or accession after the date of deposit of the fortieth instrument, this Convention shall enter into force on the expiration of the thirtieth day following the deposit by that State of its instrument Of ratification or accession.
This Convention shall apply to all non-metropolitan territories that a Party represents on the international level, unless the prior consent of such territory is required under either the Constitution of the Party or the Territory of interest, or custom. In such a case, the Party shall endeavour to obtain the consent of the territory that is necessary within the shortest possible period of time and, when such consent has been obtained, it shall notify the Secretary-General. This Convention shall apply to the territory or territories designated by the notification, as from the date of its receipt by the Secretary-General. In cases where the prior consent of the non-metropolitan territory is not necessary, the Party concerned shall declare, at the time of signature, ratification or accession, to which non-metropolitan territory or territory applies This Convention.
(1) Any Party may notify the Secretary-General that for the purposes of s. 19, 20, 21 and 31 one of its territories is divided into two or more territories or two or more of its territories are grouped into one.
2. Two or more Parties may notify the Secretary-General that, following the establishment of a customs union between them, those Parties shall constitute a single territory for the purposes of s. 19, 20, 21 and 31.
3. Any notification made under s. 1 or 2 above will take effect from 1 Er January of the year following the year in which the said notification is made.
Upon the entry into force of this Convention, its provisions shall repeal and replace, among the Parties, the provisions of the following treaties:
2. On the entry into force of this Convention, art. 9 of the Convention for the Suppression of the Illicit Drug Trafficking, signed at Geneva on 26 June 1936 9 , shall be, between the Parties to the said Convention, which are also Parties to this Convention, repealed and replaced by para. B at par. 2 of the art. 36 of this Convention; however, such a Party may, after having informed the Secretary-General, maintain that art. 9.
1 RS 0.812.121.2
2 Switzerland is not a party to this Agreement.
3 RS 0.812.121.4
4 RS 0.812.121.5
5 Switzerland is not a party to this Agreement.
6 RS 0.812.121.21
7 RS 0.812.121.52
8 RS 0.812.121.3
9 RS 0.812.121.6
1. The functions of the Board, the creation of which is provided for in Art. 9 shall, from the date of entry into force of this Convention (art. 41, para. (1) provisionally exercised, by their nature, by the Standing Central Committee established pursuant to the provisions of the chap. VI of the Convention referred to in para. C of art. 44, as amended, and by the Supervisory Body, established pursuant to the provisions of chap. II of the Convention referred to in para. D of art. 44, as amended.
2. The Council shall fix the date on which the new Body referred to in Art. 9 will take up the duties. On that date, the said Board shall assume the functions of the Standing Central Committee and those of the Control Body referred to in s. 1, with respect to States which are Parties to the treaties listed in Art. 44 and which are not Parties to this Convention.
At the end of a period of two years from the date of entry into force of this Convention (Art. 41, para. 1), any Party may, on its behalf or on behalf of a territory that it represents internationally and has withdrawn the consent given under s. 42, denounce this Convention by depositing an instrument to that effect with the Secretary-General.
2. If the Secretary-General receives the denunciation before 1 Er July or on that date, it will take effect on 1 Er January of the following year; if the denunciation is received after 1 Er July, it will take effect as if it had been received the following year before 1 Er July or that date.
(3) This Convention shall expire if, as a result of denunciations notified in accordance with the provisions of par. 1, the conditions for its entry into force provided for in par. 1 of the art. 41 cease to be filled.
1. Any Party may propose an amendment to this Convention. The text of the said amendment and the reasons for it shall be communicated to the Secretary-General, who shall communicate them to the Parties and to the Council. The Council may decide either:
2. If a draft amendment circulated in accordance with subs. 1, b, of this Article has not been rejected by any Party within 18 months of its communication, it shall enter into force immediately. If, however, it is rejected by a Party, the Council may decide, taking into account the comments of the Parties, whether it is appropriate to convene a conference to consider the amendment.
1. If a dispute arises between two or more Parties concerning the interpretation or application of this Convention, the said Parties shall consult with a view to settling the dispute through negotiation, investigation, mediation, Conciliation, arbitration, recourse to regional bodies, judicial or other peaceful means of their choice.
2. Any such dispute which has not been settled by the means provided for in subs. 1 will be submitted to the International Court of Justice.
1. A Party may, at the time of signature, ratification or accession, reserve the right to temporarily authorize in one of its territories:
2. Reservations made under s. 1 subject to the following restrictions:
3. Any Party making a reservation under s. 1 shall:
The State which has made reservations may at any time and by written notification withdraw all or part of its reservations.
1. No reservations shall be permitted outside reservations made in accordance with Art. 49 or the following paragraphs.
(2) Any State may, at the time of signature, ratification or accession, make reservations on the following provisions of this Convention: para. 2 and 3 of Art. 12; para. 2 of the art. 13; para. 1 and 2 of Art. 14; s. B at par. 1 of the art. 31; and art. 48.
3. Any State which wishes to become a Party to the Convention but wishes to be allowed to make reservations other than those listed in par. 2 of this section or in s. 49 may notify the Secretary-General of that intention. Unless at the end of twelve months after the date of the communication of the reservation in question by the Secretary-General, one third of the States that have ratified or acceded to the Convention before the end of that period have raised objections Against it, it shall be considered as authorised, but it shall be understood, however, that those States which have raised objections against that reservation will not have to assume in respect of the State which has formulated it with legal obligation arising from the present Convention, on which the reservation relates.
The State which has made reservations may at any time and by written notification withdraw all or part of its reservations.
The Secretary-General shall notify all States referred to in para. 1 of the art. 40:
In witness whereof, The undersigned, duly authorized, have signed this Convention on behalf of their respective governments.
Done at New York, on 30 March mil nine hundred and sixty and one, in a single copy which shall be kept in the archives of the United Nations and whose certified copies will be sent to all States Members of the Organization Of the United Nations and the other States referred to in s. 1 of the art. 40.
(Suivent signatures)
Tables I-IV referred to in the Convention may be amended or supplemented by the International Commission on Narcotic Drugs. The text of tables I-III valid at the time of entry into force of the Convention for Switzerland is set out in the Order of the Federal Service for Public Health of 1 Er July 1970 on narcotic drugs and other substances and preparations subject to control in accordance with the Federal Law on Narcotic Drugs 5 , that of Table IV reads as follows:
List of narcotics included in Table IV
Cannabis and Cannabis Resin
Deeporphin (dihydrodeoxymorphine)
Heroin (diacetylmorphine)
Cétobemidone (meta -hydroxyphenyl-4 methyl-1 propionyl-4 piperidine)
The salts of the drugs listed in this table, in all cases where these salts may exist.
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
||
South Africa * |
16 December |
1975 |
15 January |
1976 |
Albania |
August 14 |
2001 A |
13 September |
2001 |
Algeria * |
26 February |
2003 A |
28 March |
2003 |
Germany * ** |
20 February |
1975 |
22 March |
1975 |
Andorra * |
13 February |
2007 A |
15 March |
2007 |
Angola |
26 October |
2005 |
25 November |
2005 |
Antigua and Barbuda |
5 April |
1993 |
5 May |
1993 |
Saudi Arabia * |
7 November |
1997 A |
7 December |
1997 |
Argentina * |
16 November |
1973 |
16 December |
1973 |
Armenia |
13 September |
1993 A |
13 October |
1993 |
Australia * |
22 November |
1972 |
22 December |
1972 |
Austria * ** |
1 Er February |
1978 A |
3 March |
1978 |
Azerbaijan |
11 January |
1999 A |
10 February |
1999 |
Bahamas |
23 November |
1976 |
December 23 |
1976 |
Bahrain * |
7 February |
1990 A |
March 9 |
1990 |
Bangladesh * |
9 May |
1980 |
10 June |
1980 |
Barbados |
21 June |
1976 |
July 21 |
1976 |
Belarus * |
13 September |
2001 |
13 October |
2001 |
Belgium * |
13 June |
1984 |
July 13 |
1984 |
Belize |
18 December |
2001 A |
17 January |
2002 |
Benin |
6 November |
1973 |
6 December |
1973 |
Bhutan |
August 24 |
2005 A |
23 September |
2005 |
Bolivia * |
11 January |
2013 A |
10 February |
2013 |
Bosnia and Herzegovina |
1 Er September |
1993 S |
6 March |
1992 |
Botswana |
27 December |
1984 |
26 January |
1985 |
Brazil * |
May 16 |
1973 |
15 June |
1973 |
Brunei |
25 November |
1987 |
25 December |
1987 |
Bulgaria * |
18 July |
1996 |
August 17 |
1996 |
Burkina Faso |
2 June |
1992 A |
July 2 |
1992 |
Burundi |
18 February |
1993 A |
20 March |
1993 |
Cambodia |
7 July |
2005 |
August 6 |
2005 |
Cameroon |
30 May |
1974 |
29 June |
1974 |
Canada * ** |
August 5 |
1976 |
4 September |
1976 |
Cape Verde |
24 May |
1990 A |
23 June |
1990 |
Chile |
19 December |
1975 |
January 18 |
1976 |
China * |
August 23 |
1985 A |
22 September |
1985 |
Hong Kong |
6 June |
1997 |
1 Er July |
1997 |
Macao |
15 December |
1999 |
20 December |
1999 |
Cyprus |
30 November |
1973 |
8 August |
1975 |
Colombia |
3 March |
1975 A |
8 August |
1975 |
Comoros |
1 Er March |
2000 A |
March 31 |
2000 |
Congo (Brazzaville) |
3 March |
2004 |
2 April |
2004 |
Congo, Kinshasa |
July 15 |
1976 A |
August 14 |
1976 |
Korea (North) |
19 March |
2007 |
18 April |
2007 |
Korea (South) |
25 January |
1973 |
8 August |
1975 |
Costa Rica |
February 14 |
1973 |
8 August |
1975 |
Côte d' Ivoire |
28 February |
1973 |
8 August |
1975 |
Croatia |
26 July |
1993 S |
8 October |
1991 |
Cuba * |
14 December |
1989 A |
13 January |
1990 |
Denmark |
18 April |
1975 |
8 August |
1975 |
Djibouti |
22 February |
2001 |
24 March |
2001 |
Dominica |
24 September |
1993 A |
24 October |
1993 |
Egypt |
14 January |
1974 |
8 August |
1975 |
El Salvador |
26 February |
1998 |
28 March |
1998 |
United Arab Emirates |
17 February |
1988 A |
18 March |
1988 |
Ecuador |
July 25 |
1973 |
8 August |
1975 |
Eritrea |
30 January |
2002 |
1 Er March |
2002 |
Spain |
4 January |
1977 |
3 February |
1977 |
Estonia |
July 5 |
1996 A |
August 4 |
1996 |
United States * ** |
1 Er November |
1972 |
8 August |
1975 |
Ethiopia |
11 October |
1994 A |
10 November |
1994 |
Fiji |
21 November |
1973 A |
8 August |
1975 |
Finland ** |
12 January |
1973 |
8 August |
1975 |
France * ** |
4 September |
1975 |
4 October |
1975 |
Gabon |
14 October |
1981 A |
13 November |
1981 |
Gambia |
April 23 |
1996 A |
23 May |
1996 |
Georgia |
March 27 |
2000 A |
April 26 |
2000 |
Ghana |
10 April |
1990 A |
10 May |
1990 |
Greece * |
July 12 |
1975 |
August 11 |
1985 |
Grenada |
19 August |
1998 A |
18 September |
1998 |
Guatemala |
9 December |
1975 |
8 January |
1976 |
Guinea |
27 December |
1990 A |
26 January |
1991 |
Guinea-Bissau |
27 October |
1995 A |
26 November |
1995 |
Guyana |
July 15 |
2002 |
August 14 |
2002 |
Haiti |
29 January |
1973 |
8 August |
1975 |
Honduras |
8 August |
1979 A |
7 September |
1979 |
Hungary * |
12 November |
1987 A |
12 December |
1987 |
Marshall Islands |
August 9 |
1991 A |
8 September |
1991 |
India * |
14 December |
1978 A |
13 January |
1979 |
Indonesia * |
3 September |
1976 |
3 October |
1976 |
Iran |
18 December |
2001 |
17 January |
2002 |
Iraq * |
September 25 |
1978 A |
25 October |
1978 |
Ireland ** |
16 December |
1980 A |
15 January |
1981 |
Iceland |
18 December |
1974 A |
8 August |
1975 |
Israel * ** |
1 Er February |
1974 |
8 August |
1975 |
Italy ** |
April 14 |
1975 |
8 August |
1975 |
Jamaica |
6 October |
1989 A |
5 November |
1989 |
Japan ** |
27 September |
1973 |
8 August |
1975 |
Jordan |
28 February |
1973 |
8 August |
1975 |
Kazakhstan |
29 April |
1997 A |
29 May |
1997 |
Kenya |
February 9 |
1973 A |
8 August |
1975 |
Kyrgyzstan |
7 October |
1994 A |
6 November |
1994 |
Kuwait * |
7 November |
1973 A |
8 August |
1975 |
Laos |
March 16 |
2009 |
15 April |
2009 |
Lesotho |
4 November |
1974 A |
8 August |
1975 |
Latvia |
July 16 |
1993 A |
August 15 |
1993 |
Lebanon |
March 5 |
1997 |
April 4 |
1997 |
Liberia |
13 April |
1987 |
13 May |
1987 |
Libya |
27 September |
1978 A |
27 October |
1978 |
Liechtenstein * |
24 November |
1999 |
24 December |
1999 |
Lithuania |
28 February |
1994 |
30 March |
1994 |
Luxembourg |
13 October |
1976 |
13 November |
1976 |
Macedonia |
13 October |
1993 A |
12 November |
1993 |
Madagascar |
20 June |
1974 |
July 20 |
1974 |
Malaysia |
20 April |
1978 A |
20 May |
1978 |
Malawi |
4 October |
1973 |
3 November |
1973 |
Maldives |
7 September |
2000 A |
7 October |
2000 |
Mali |
October 31 |
1995 |
29 November |
1995 |
Malta |
22 February |
1990 A |
24 March |
1990 |
Morocco |
19 March |
2002 |
18 April |
2002 |
Mauritius |
12 December |
1994 |
11 January |
1995 |
Mauritania |
24 October |
1989 A |
23 November |
1989 |
Mexico * ** |
April 27 |
1977 A |
27 May |
1977 |
Micronesia |
29 May |
1991 |
28 June |
1991 |
Moldova |
February 15 |
1995 |
March 17 |
1995 |
Monaco |
December 30 |
1975 |
29 January |
1976 |
Mongolia |
6 May |
1991 |
5 June |
1991 |
Montenegro |
23 October |
2006 S |
3 June |
2006 |
Mozambique |
8 June |
1998 A |
July 8 |
1998 |
Myanmar * |
22 August |
2003 A |
21 September |
2003 |
Namibia |
March 31 |
1998 A |
April 30 |
1998 |
Nepal * |
29 June |
1987 A |
July 29 |
1987 |
Nicaragua |
February 15 |
2005 |
March 17 |
2005 |
Niger |
28 December |
1973 |
8 August |
1975 |
Nigeria |
24 June |
1981 A |
24 July |
1981 |
Norway |
12 November |
1973 |
12 December |
1973 |
New Zealand |
7 June |
1990 |
7 July |
1990 |
Niue |
7 June |
1990 |
7 July |
1990 |
Tokelau |
7 June |
1990 |
7 July |
1990 |
Oman |
24 July |
1987 |
August 23 |
1987 |
Uganda |
15 April |
1988 |
15 May |
1988 |
Uzbekistan |
August 24 |
1995 A |
23 September |
1995 |
Pakistan * |
July 2 |
1999 |
1 Er August |
1999 |
Palau |
19 August |
1998 A |
18 September |
1998 |
Panama * |
19 October |
1972 |
18 November |
1972 |
Papua New Guinea * |
28 October |
1980 |
27 November |
1980 |
Paraguay |
20 June |
1973 |
July 20 |
1973 |
Netherlands ** |
29 May |
1987 |
28 June |
1987 |
Aruba |
29 May |
1987 |
28 June |
1987 |
Curaçao |
29 May |
1987 |
28 June |
1987 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
29 May |
1987 |
28 June |
1987 |
Sint Maarten |
29 May |
1987 |
28 June |
1987 |
Peru |
12 September |
1977 |
12 October |
1977 |
Philippines |
7 June |
1974 |
7 July |
1974 |
Poland * |
9 June |
1993 |
July 9 |
1993 |
Portugal ** |
20 April |
1979 |
20 May |
1979 |
Qatar |
3 October |
1986 A |
2 November |
1986 |
Central African Republic |
15 October |
2001 A |
14 November |
2001 |
Dominican Republic |
21 September |
1993 |
21 October |
1993 |
Czech Republic |
December 30 |
1993 S |
1 Er January |
1993 |
Romania * |
14 January |
1974 |
13 February |
1974 |
United Kingdom ** |
20 June |
1978 |
July 20 |
1978 |
Anguilla |
20 June |
1978 |
July 20 |
1078 |
Bermuda |
20 June |
1978 |
July 20 |
1978 |
Gibraltar |
20 June |
1978 |
July 20 |
1978 |
Guernsey |
20 June |
1978 |
July 20 |
1978 |
Isle of Man |
20 June |
1978 |
July 20 |
1978 |
Cayman Islands |
20 June |
1978 |
July 20 |
1978 |
Falkland Islands and Dependencies (South Georgia and the South Sandwich Islands) |
20 June |
1978 |
July 20 |
1978 |
Turks and Caicos Islands |
20 June |
1978 |
July 20 |
1978 |
British Virgin Islands |
20 June |
1978 |
July 20 |
1978 |
Jersey |
20 June |
1978 |
July 20 |
1978 |
Montserrat |
20 June |
1978 |
July 20 |
1978 |
St. Helena and Dependencies Ascension and Tristan da Cunha) |
20 June |
1978 |
July 20 |
1978 |
Russia * ** |
3 June |
1996 A |
3 July |
1996 |
Rwanda |
July 15 |
1981 A |
August 14 |
1981 |
Saint Lucia |
July 5 |
1991 |
August 5 |
1991 |
Saint Kitts and Nevis |
9 May |
1994 |
8 June |
1994 |
San Marino |
10 October |
2000 |
9 November |
2000 |
Holy See |
7 January |
1976 |
February 6 |
1976 |
Saint Vincent and the Grenadines |
3 December |
2001 S |
27 October |
1979 |
Solomon Islands |
March 17 |
1982 S |
7 July |
1978 |
Sao Tome and Principe |
20 June |
1996 |
July 20 |
1996 |
Senegal |
25 March |
1974 |
24 March |
1974 |
Serbia * |
12 March |
2001 S |
April 27 |
1992 |
Seychelles |
February 27 |
1992 |
30 March |
1992 |
Sierra Leone |
6 June |
1994 A |
July 6 |
1994 |
Singapore |
July 9 |
1975 |
8 August |
1975 |
Slovakia |
28 May |
1993 S |
1 Er January |
1993 |
Slovenia |
July 6 |
1992 S |
25 June |
1991 |
Somalia |
9 June |
1988 |
July 9 |
1988 |
Sudan |
July 5 |
1994 |
4 July |
1994 |
Sri Lanka * |
29 June |
1981 |
July 29 |
1981 |
Sweden ** |
5 December |
1972 |
8 August |
1975 |
Switzerland * |
22 April |
1996 |
22 May |
1996 |
Suriname |
March 29 |
1990 |
28 March |
1990 |
Swaziland |
18 October |
1995 A |
17 November |
1995 |
Syria |
1 Er February |
1974 |
3 March |
1974 |
Tajikistan |
26 March |
1997 A |
April 25 |
1997 |
Tanzania |
25 March |
1999 A |
24 April |
1999 |
Thailand |
9 January |
1975 |
February 8 |
1975 |
Togo |
10 November |
1976 |
10 December |
1976 |
Tonga |
September 5 |
1973 |
5 October |
1973 |
Trinidad and Tobago |
July 23 |
1979 |
August 23 |
1979 |
Tunisia |
29 June |
1976 |
July 29 |
1976 |
Turkmenistan |
21 February |
1996 |
23 February |
1996 |
Turkey |
July 20 |
2001 |
19 August |
2001 |
Ukraine * |
27 September |
2001 |
27 October |
2001 |
Uruguay |
October 31 |
1975 |
1 Er December |
1975 |
Venezuela |
4 December |
1985 |
3 January |
1986 |
Vietnam * |
4 November |
1997 A |
4 December |
1997 |
Yemen |
25 March |
1996 A |
24 April |
1996 |
Zambia |
13 May |
1998 A |
12 June |
1998 |
Zimbabwe |
July 30 |
1993 A |
29 August |
1993 |
* |
Reservations and declarations. |
|||
** |
Objections. Reservations, declarations and objections, with the exception of those of Switzerland, are not published in the RO. The original texts can be found at: www.untreaty.un.org/ or obtained at DDIP/DFAE, International Treaty Section, 3003 Berne. |
|||
Switzerland
Switzerland maintains the art. 9 of the Convention for the Suppression of the Illicit Drug Trafficking, signed at Geneva on 26 June 1936 7 .
1 RO 1970 802
2 RS 0.812.121.0
3 RS 0.812.121.01
4 RO 1996 1940
5 [RO 1970 778 1619, 1971 1793. RO 1975 1229 art. 6]
6 RO 2005 371 , 2007 3763, 2013 2197. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
7 RS 0.812.121.6