UNITED NATIONS CONVENTION
AGAINST ILLICIT TRAFFIC IN
NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES
THE PARTIES TO THIS CONVENTION,
DEEPLY CONCERNED by the magnitude of and rising trend in the illicit
production of, demand for and
traffic in narcotic drugs and psychotropic substances, which
pose a serious threat to the health and
welfare of human beings and adversely affect the economic, cultural
and political foundations of
society,
DEEPLY CONCERNED ALSO by the steadily increasing inroads into
various social groups made by
illicit traffic in narcotic drugs and psychotropic substances,
and particularly by the fact that children are
used in many parts of the world as an illicit drug consumers
market and for purposes of illicit
production, distribution and trade in narcotic drugs and psychotropic
substances, which entails a
danger of incalculable gravity,
RECOGNIZING the links between illicit traffic and other related
organized criminal activities which
undermine the legitimate economies and threaten the stability,
security and sovereignty of States,
RECOGNIZING ALSO that illicit traffic is an international criminal
activity, the suppression of which
demands urgent attention and the highest priority,
AWARE that illicit traffic generates large financial profits and
wealth enabling transnational criminal
organizations to penetrate, contaminate and corrupt the structures
of government, legitimate
commercial and financial business, and society at all its levels,
DETERMINED to deprive persons engaged in illicit traffic of the
proceeds of their criminal activities and
thereby eliminate their main incentive for so doing,
DESIRING to eliminate the root causes of the problem of abuse
of narcotic drugs and psychotropic
substances, including the illicit demand for such drugs and substances
and the enormous profits
derived from illicit traffic,
CONSIDERING that measures are necessary to monitor certain substances,
including precursors,
chemicals and solvents, which are used in the manufacture of
narcotic drugs and psychotropic
substances, the ready availability of which has led to an increase
in the clandestine manufacture of
such drugs and substances,
DETERMINED to improve international co-operation in the suppression of illicit traffic by sea,
RECOGNIZING that eradication of illicit traffic is a collective
responsibility of all States and that, to that
end, co-ordinated action within the framework of international
co-operation is necessary,
ACKNOWLEDGING the competence of the United Nations in the field
of control of narcotic drugs and
psychotropic substances and desirous that the international organs
concerned with such control
should be within the framework of that Organization,
REAFFIRMING the guiding principles of existing treaties in the
field of narcotic drugs and psychotropic
substances and the system of control which they embody,
RECOGNIZINGthe need to reinforce and supplement the measures provided
in the Single Convention
on Narcotic Drugs, 1961,[1]that Convention as amended by the
1972 Protocol Amending the Single
Convention on Narcotic Drugs, 1961,[2]and the 1971 Convention
on Psychotropic Substances,[3] in
order to counter the magnitude and extent of illicit traffic
and its grave consequences,
RECOGNIZING ALSO the importance of strengthening and enhancing
effective legal means for
international co-operation in criminal matters for suppressing
the international criminal activities of illicit
traffic,
DESIRING to conclude a comprehensive, effective and operative
international convention that is
directed specifically against illicit traffic and that considers
the various aspects of the problem as a
whole, in particular those aspects not envisaged in the existing
treaties in the field of narcotic drugs
and psychotropic substances,
HEREBY AGREE as follows:
Article 1
Definitions
Except where otherwise expressly indicated or where the context
otherwise requires, the following
definitions shall apply throughout this Convention:
(a) "Board" means the International Narcotics Control Board established
by the Single Convention on
Narcotic Drugs, 1961, and that Convention as amended by the 1972
Protocol Amending the Single
Convention on Narcotic Drugs, 1961;
(b) "Cannabis plant" means any plant of the genus Cannabis;
(c) "Coca bush" means the plant of any species of the genus Erythroxylon;
(d) "Commercial carrier" means any person or any public, private
or other entity engaged in
transporting persons, goods or mails for remuneration, hire or
any other benefit;
(e) "Commission" means the Commission on Narcotic Drugs of the
Economic and Social Council of the
United Nations;
(f) "Confiscation", which includes forfeiture where applicable,
means the permanent deprivation of
property by order of a court or other competent authority;
(g) "Controlled delivery" means the technique of allowing illicit
or suspect consignments of narcotic
drugs, psychotropic substances, substances in Table I and Table
II annexed to this Convention, or
substances substituted for them, to pass out of, through or into
the territory of one or more countries,
with the knowledge and under the supervision of their competent
authorities, with a view to
identifying persons involved in the commission of offences established
in accordance with article 3,
paragraph 1 of the Convention;
(h) "1961 Convention" means the Single Convention on Narcotic Drugs, 1961;
(i) "1961 Convention as amended" means the Single Convention on
Narcotic Drugs, 1961, as amended
by the 1972 Protocol Amending the Single Convention on Narcotic
Drugs, 1961;
(j) "1971 Convention" means the Convention on Psychotropic Substances, 1971;
(k) "Council" means the Economic and Social Council of the United Nations;
(l) "Freezing" or "seizure" means temporarily prohibiting the
transfer, conversion, disposition or
movement of property or temporarily assuming custody or control
of property on the basis of an order
issued by a court or a competent authority;
(m) "Illicit traffic" means the offences set forth in article 3, paragraphs 1 and 2, of this Convention;
(n) "Narcotic drug" means any of the substances, natural or synthetic,
in Schedules I and II of the
Single Convention on Narcotic Drugs, 1961, and that Convention
as amended by the 1972 Protocol
Amending the Single Convention on Narcotic Drugs, 1961;
(o) "Opium poppy" means the plant of the species Papaver somniferum L;
(p) "Proceeds" means any property derived from or obtained, directly
or indirectly, through the
commission of an offence established in accordance with article
3, paragraph 1;
(q) "Property" means assets of every kind, whether corporeal or
incorporeal, movable or immovable,
tangible or intangible, and legal documents or instruments evidencing
title to, or interest in, such
assets;
(r) "Psychotropic substance" means any substance, natural or synthetic,
or any natural material in
Schedules I, II, III and IV of the Convention on Psychotropic
Substances, 1971;
(s) "Secretary-General" means the Secretary-General of the United Nations;
(t) "Table I" and "Table II" mean the correspondingly numbered
lists of substances annexed to this
Convention, as amended from time to time in accordance with article
12;
(u) "Transit State" means a State through the territory of which
illicit narcotic drugs, psychotropic
substances and substances in Table I and Table II are being moved,
which is neither the place of
origin nor the place of ultimate destination thereof.
Article 2
Scope of the Convention
1. The purpose of this Convention is to promote co-operation among
the Parties so that they may
address more effectively the various aspects of illicit traffic
in narcotic drugs and psychotropic
substances having an international dimension. In carrying out
their obligations under the Convention,
the Parties shall take necessary measures, including legislative
and administrative measures, in
conformity with the fundamental provisions of their respective
domestic legislative systems.
2. The Parties shall carry out their obligations under this Convention
in a manner consistent with the
principles of sovereign equality and territorial integrity of
States and that of non-intervention in the
domestic affairs of other States.
3. A Party shall not undertake in the territory of another Party
the exercise of jurisdiction and
performance of functions which are exclusively reserved for the
authorities of that other Party by its
domestic law.
Article 3
Offences and sanctions
1. Each Party shall adopt such measures as may be necessary to
establish as criminal offences under
its domestic law, when committed intentionally:
(a) (i) The production, manufacture, extraction, preparation,
offering, offering for sale, distribution,
sale, delivery on any terms whatsoever, brokerage, dispatch,
dispatch in transit, transport,
importation or exportation of any narcotic drug or any psychotropic
substance contrary to the
provisions of the 1961 Convention, the 1961 Convention as amended
or the 1971 Convention;
(ii) The cultivation of opium poppy, coca bush or cannabis plant
for the purpose of the production of
narcotic drugs contrary to the provisions of the 1961 Convention
and the 1961 Convention as
amended;
(iii) The possession or purchase of any narcotic drug or psychotropic
substance for the purpose of any
of the activities enumerated in (i) above;
(iv) The manufacture, transport or distribution of equipment,
materials or of substances listed in Table
I and Table II, knowing that they are to be used in or for the
illicit cultivation, production or
manufacture of narcotic drugs or psychotropic substances;
(v) The organization, management or financing of any of the offences
enumerated in (i), (ii), (iii) or (iv)
above;
(b) (i) The conversion or transfer of property, knowing that such
property is derived from any offence
or offences established in accordance with subparagraph (a) of
this paragraph, or from an act of
participation in such offence or offences, for the purpose of
concealing or disguising the illicit origin of
the property or of assisting any person who is involved in the
commission of such an offence or
offences to evade the legal consequences of his actions;
(ii) The concealment or disguise of the true nature, source, location,
disposition, movement, rights with
respect to, or ownership of property, knowing that such property
is derived from an offence or
offences established in accordance with subparagraph (a) of this
paragraph or from an act of
participation in such an offence or offences;
(c) Subject to its constitutional principles and the basic concepts of its legal system:
(i) The acquisition, possession or use of property, knowing, at
the time of receipt, that such property
was derived from an offence or offences established in accordance
with subparagraph (a) of this
paragraph or from an act of participation in such offence or
offences;
(ii) The possession of equipment or materials or substances listed
in Table I and Table II, knowing that
they are being or are to be used in or for the illicit cultivation,
production or manufacture of narcotic
drugs or psychotropic substances;
(iii) Publicly inciting or inducing others, by any means, to commit
any of the offences established in
accordance with this article or to use narcotic drugs or psychotropic
substances illicitly;
(iv) Participation in, association or conspiracy to commit, attempt
to commit and aiding, abetting,
facilitating and counselling the commission of any of the offences
established in accordance with this
article.
2. Subject to its constitutional principles and the basic concepts
of its legal system, each Party shall
adopt such measures as may be necessary to establish as a criminal
offence under its domestic law,
when committed intentionally, the possession, purchase or cultivation
of narcotic drugs or psychotropic
substances for personal consumption contrary to the provisions
of the 1961 Convention, the 1961
Convention as amended or the 1971 Convention.
3. Knowledge, intent or purpose required as an element of an offence
set forth in paragraph 1 of this
article may be inferred from objective factual circumstances.
4. (a) Each Party shall make the commission of the offences established
in accordance with paragraph
1 of this article liable to sanctions which take into account
the grave nature of these offences, such as
imprisonment or other forms of deprivation of liberty, pecuniary
sanctions and confiscation.
(b) The Parties may provide, in addition to conviction or punishment,
for an offence established in
accordance with paragraph 1 of this article, that the offender
shall undergo measures such as
treatment, education, aftercare, rehabilitation or social reintegration.
(c) Notwithstanding the preceding subparagraphs, in appropriate
cases of a minor nature, the Parties
may provide, as alternatives to conviction or punishment, measures
such as education, rehabilitation
or social reintegration, as well as, when the offender is a drug
abuser, treatment and aftercare.
(d) The Parties may provide, either as an alternative to conviction
or punishment, or in addition to
conviction or punishment of an offence established in accordance
with paragraph 2 of this article,
measures for the treatment, education, aftercare, rehabilitation
or social reintegration of the offender.
5. The Parties shall ensure that their courts and other competent
authorities having jurisdiction can
take into account factual circumstances which make the commission
of the offences established in
accordance with paragraph 1 of this article particularly serious,
such as:
(a) The involvement in the offence of an organized criminal group to which the offender belongs;
(b) the involvement of the offender in other international organized criminal activities;
(c) The involvement of the offender in other illegal activities facilitated by commission of the offence;
(d) The use of violence or arms by the offender;
(e) The fact that the offender holds a public office and that
the offence is connected with the office in
question;
(f) The victimization or use of minors;
(g) The fact that the offence is committed in a penal institution
or in an educational institution or social
service facility or in their immediate vicinity or in other places
to which school children and students
resort for educational, sports and social activities;
(h) Prior conviction, particularly for similar offences, whether
foreign or domestic, to the extent
permitted under the domestic law of a Party.
6. The Parties shall endeavour to ensure that any discretionary
legal powers under their domestic law
relating to the prosecution of persons for offences established
in accordance with this article are
exercised to maximize the effectiveness of law enforcement measures
in respect of those offences and
with due regard to the need to deter the commission of such offences.
7. The Parties shall ensure that their courts or other competent
authorities bear in mind the serious
nature of the offences enumerated in paragraph 1 of this article
and the circumstances enumerated in
paragraph 5 of this article when considering the eventuality
of early release or parole of persons
convicted of such offences.
8. Each Party shall, where appropriate, establish under its domestic
law a long statute of limitations
period in which to commence proceedings for any offence established
in accordance with paragraph 1
of this article, and a longer period where the alleged offender
has evaded the administration of
justice.
9. Each Party shall take appropriate measures, consistent with
its legal system, to ensure that a
person charged with or convicted of an offence established in
accordance with paragraph 1 of this
article, who is found within its territory, is present at the
necessary criminal proceedings.
10. For the purpose of co-operation among the Parties under this
Convention, including, in particular,
co-operation under articles 5, 6, 7 and 9, offences established
in accordance with this article shall not
be considered as fiscal offences or as political offences or
regarded as politically motivated, without
prejudice to the constitutional limitations and the fundamental
domestic law of the Parties.
11. Nothing contained in this article shall affect the principle
that the description of the offences to
which it refers and of legal defences thereto is reserved to
the domestic law of a Party and that such
offences shall be prosecuted and punished in conformity with
that law.
Article 4
Jurisdiction
1. Each Party:
(a) Shall take such measures as may be necessary to establish
its jurisdiction over the offences it has
established in accordance with article 3, paragraph 1, when:
(i) The offence is committed in its territory;
(ii) The offence is committed on board a vessel flying its flag
or an aircraft which is registered under its
laws at the time the offence is committed;
(b) May take such measures as may be necessary to establish its
jurisdiction over the offences it has
established in accordance with article 3, paragraph 1, when:
(i) The offence is committed by one of its nationals or by a person
who has his habitual residence in its
territory;
(ii) The offence is committed on board a vessel concerning which
that Party has been authorized to
take appropriate action pursuant to article 17, provided that
such jurisdiction shall be exercised only
on the basis of agreements or arrangements referred to in paragraphs
4 and 9 of that article;
(iii) The offence is one of those established in accordance with
article 3, paragraph 1, subparagraph
(c)(iv), and is committed outside its territory with a view to
the commission, within its territory, of an
offence established in accordance with article 3, paragraph 1.
2. Each Party:
(a) Shall also take such measures as may be necessary to establish
its jurisdiction over the offences it
has established in accordance with article 3, paragraph 1, when
the alleged offender is present in its
territory and it does not extradite him to another Party on the
ground:
(i) That the offence has been committed in its territory or on
board a vessel flying its flag or an aircraft
which was registered under its law at the time the offence was
committed; or
(ii) That the offence has been committed by one of its nationals;
(b) May also take such measures as may be necessary to establish
its jurisdiction over the offences it
has established in accordance with article 3, paragraph 1, when
the alleged offender is present in its
territory and it does not extradite him to another Party.
3. This Convention does not exclude the exercise of any criminal
jurisdiction established by a Party in
accordance with its domestic law.
Article 5
Confiscation
1. Each Party shall adopt such measures as may be necessary to enable confiscation of:
(a) Proceeds derived from offences established in accordance with
article 3, paragraph 1, or property
the value of which corresponds to that of such proceeds;
(b) Narcotic drugs and psychotropic substances, materials and
equipment or other instrumentalities
used in or intended for use in any manner in offences established
in accordance with article 3,
paragraph 1.
2. Each Party shall also adopt such measures as may be necessary
to enable its competent authorities
to identify, trace, and freeze or seize proceeds, property, instrumentalities
or any other things referred
to in paragraph 1 of this article, for the purpose of eventual
confiscation.
3. In order to carry out the measures referred to in this article,
each Party shall empower its courts or
other competent authorities to order that bank, financial or
commercial records be made available or
be seized. A Party shall not decline to act under the provisions
of this paragraph on the ground of
bank secrecy.
4. (a) Following a request made pursuant to this article by another
Party having jurisdiction over an
offence established in accordance with article 3, paragraph 1,
the Party in whose territory proceeds,
property, instrumentalities or any other things referred to in
paragraph 1 of this article are situated
shall:
(i) Submit the request to its competent authorities for the purpose
of obtaining an order of confiscation
and, if such order is granted, give effect to it; or
(ii) Submit to its competent authorities, with a view to giving
effect to it to the extent requested, an
order of confiscation issued by the requesting Party in accordance
with paragraph 1 of this article, in
so far as it relates to proceeds, property, instrumentalities
or any other things referred to in
paragraph 1 situated in the territory of the requested Party.
(b) Following a request made pursuant to this article by another
Party having jurisdiction over an
offence established in accordance with article 3, paragraph 1,
the requested Party shall take measures
to identify, trace, and freeze or seize proceeds, property, instrumentalities
or any other things referred
to in paragraph 1 of this article for the purpose of eventual
confiscation to be ordered either by the
requesting Party or, pursuant to a request under subparagraph
(a) of this paragraph, by the
requested Party.
(c) The decisions or actions provided for in subparagraphs (a)
and (b) of this paragraph shall be taken
by the requested Party, in accordance with and subject to the
provisions of its domestic law and its
procedural rules or any bilateral or multilateral treaty, agreement
or arrangement to which it may be
bound in relation to the requesting Party.
(d) The provisions of article 7, paragraphs 6 to 19 are applicable
mutatis mutandis. In addition to the
information specified in article 7, paragraph 10, requests made
pursuant to this article shall contain
the following:
(i) In the case of a request pertaining to subparagraph (a)(i)
of this paragraph, a description of the
property to be confiscated and a statement of the facts relied
upon by the requesting Party sufficient
to enable the requested Party to seek the order under its domestic
law;
(ii) In the case of a request pertaining to subparagraph (a)(ii),
a legally admissible copy of an order of
confiscation issued by the requesting Party upon which the request
is based, a statement of the fact
and information as to the extent to which the execution of the
order is requested;
(iii) In the case of a request pertaining to subparagraph (b),
a statement of the facts relied upon by
the requesting Party and a description of the actions requested.
(e) Each Party shall furnish to the Secretary-General the text
of any of its laws and regulations which
give effect to this paragraph and the text of any subsequent
changes to such laws and regulations.
(f) If a Party elects to make the taking of the measures referred
to in subparagraphs (a) and (b) of this
paragraph conditional on the existence of a relevant treaty,
that Party shall consider this Convention
as the necessary and sufficient treaty basis.
(g) The Parties shall seek to conclude bilateral and multilateral
treaties, agreements or arrangements
to enhance the effectiveness of international co-operation pursuant
to this article.
5. (a) Proceeds or property confiscated by a Party pursuant to
paragraph 1 of paragraph 4 of this
article shall be disposed of by that Party according to its domestic
law and administrative procedures.
(b) When acting on the request of another Party in accordance
with this article, a Party may give
special consideration to concluding agreements on:
(i) Contributing the value of such proceeds and property, or funds
derived from the sale of such
proceeds or property, or a substantial part thereof, to intergovernmental
bodies specializing in the
fight against illicit traffic in and abuse of narcotic drugs
and psychotropic substances;
(ii) Sharing with other Parties, on a regular or case-by-case
basis, such proceeds or property, or funds
derived from the sale of such proceeds or property, in accordance
with its domestic law, administrative
procedures or bilateral or multilateral agreements entered into
for this purpose.
6. (a) If proceeds have been transformed or converted into other
property, such property shall be
liable to the measures referred to in this article instead of
the proceeds.
(b) If proceeds have been intermingled with property acquired
from legitimate sources, such property
shall, without prejudice to any powers relating to seizure or
freezing, be liable to confiscation up to
the assessed value of the intermingled proceeds.
(c) Income or other benefits derived from:
(i) Proceeds;
(ii) Property into which proceeds have been transformed or converted; or
(iii) Property with which proceeds have been intermingled
shall also be liable to the measures referred to in this article,
in the same manner and to the same
extent as proceeds.
7. Each Party may consider ensuring that the onus of proof be
reversed regarding the lawful origin of
alleged proceeds or other property liable to confiscation, to
the extent that such action is consistent
with the principles of its domestic law and with the nature of
the judicial and other proceedings.
8. The provisions of this article shall not be construed as prejudicing
the rights of bona fide third
parties.
9. Nothing contained in this article shall affect the principle
that the measures to which it refers shall
be defined and implemented in accordance with and subject to
the provisions of the domestic law of a
Party.
Article 6
Extradition
1. This article shall apply to the offences established by the
Parties in accordance with article 3,
paragraph 1.
2. Each of the offences to which this article applies shall be
deemed to be included as an extraditable
offence in any extradition treaty existing between Parties. The
Parties undertake to include such
offences as extraditable offences in every extradition treaty
to be concluded between them.
3. If a Party which makes extradition conditional on the existence
of a treaty receives a request for
extradition from another Party with which it has no extradition
treaty, it may consider this Convention
as the legal basis for extradition in respect of any offence
to which this article applies. The Parties
which require detailed legislation in order to use this Convention
as a legal basis for extradition shall
consider enacting such legislation as may be necessary.
4. The Parties which do not make extradition conditional on the
existence of a treaty shall recognize
offences to which this article applies as extraditable offences
between themselves.
5. Extradition shall be subject to the conditions provided for
by the law of the requested Party or by
applicable extradition treaties, including the grounds upon which
the requested Party may refuse
extradition.
6. In considering requests received pursuant to this article,
the requested State may refuse to comply
with such requests where there are substantial grounds leading
its judicial or other competent
authorities to believe that compliance would facilitate the prosecution
or punishment of any person on
account of his race, religion, nationality or political opinions,
or would cause prejudice for any of those
reasons to any person affected by the request.
7. The Parties shall endeavour to expedite extradition procedures
and to simplify evidentiary
requirements relating thereto in respect of any offence to which
this article applies.
8. Subject to the provisions of its domestic law and its extradition
treaties, the requested Party may,
upon being satisfied that the circumstances so warrant and are
urgent, and at the request of the
requesting Party, take a person whose extradition is sought and
who is present in its territory into
custody or take other appropriate measures to ensure his presence
at extradition proceedings.
9. Without prejudice to the exercise of any criminal jurisdiction
established in accordance with its
domestic law, a Party in whose territory an alleged offender
is found shall:
(a) If it does not extradite him in respect of an offence established
in accordance with article 3,
paragraph 1, on the grounds set forth in article 4, paragraph
2, subparagraph (a), submit the case to
its competent authorities for the purpose of prosecution, unless
otherwise agreed with the requesting
Party;
(b) If it does not extradite him in respect of such an offence
and has established its jurisdiction in
relation to that offence in accordance with article 4, paragraph
2, subparagraph (b), submit the case to
its competent authorities for the purpose of prosecution, unless
otherwise requested by the
requesting Party for the purposes of preserving its legitimate
jurisdiction.
10. If extradition, sought for purposes of enforcing a sentence,
is refused because the person sought
is a national of the requested Party, the requested Party shall,
if its law so permits and in conformity
with the requirements of such law, upon application of the requesting
Party, consider the enforcement
of the sentence which has been imposed under the law of the requesting
Party, or the remainder
thereof.
11. The Parties shall seek to conclude bilateral and multilateral
agreements to carry out or to enhance
the effectiveness of extradition.
12. The Parties may consider entering into bilateral or multilateral
agreements, whether ad hoc or
general, on the transfer to their country of persons sentenced
to imprisonment and other forms of
deprivation of liberty for offences to which this article applies,
in order that they may complete their
sentences there.
Article 7
Mutual legal assistance
1. The Parties shall afford one another, pursuant to this article,
the widest measure of mutual legal
assistance in investigations, prosecutions and judicial proceedings
in relation to criminal offences
established in accordance with article 3, paragraph 1.
2. Mutual legal assistance to be afforded in accordance with this
article may be requested for any of
the following purposes:
(a) Taking evidence or statements from persons;
(b) Effecting service of judicial documents;
(c) Executing searches and seizures;
(d) Examining objects and sites;
(e) Providing information and evidentiary items;
(f) Providing originals or certified copies of relevant documents
and records, including bank, financial,
corporate or business records;
(g) Identifying or tracing proceeds, property, instrumentalities or other things for evidentiary purposes.
3. The Parties may afford one another any other forms of mutual
legal assistance allowed by the
domestic law of the requested Party.
4. Upon request, the Parties shall facilitate or encourage, to
the extent consistent with their domestic
law and practice, the presence or availability of persons, including
persons in custody, who consent to
assist in investigations or participate in proceedings.
5. A Party shall not decline to render mutual legal assistance
under this article on the ground of bank
secrecy.
6. The provisions of this article shall not affect the obligations
under any other treaty, bilateral or
multilateral, which governs or will govern, in whole or in part,
mutual legal assistance in criminal
matters.
7. Paragraphs 8 to 19 of this article shall apply to requests
made pursuant to this article if the Parties
in question are not bound by a treaty of mutual legal assistance.
If these Parties are bound by such a
treaty, the corresponding provisions of that treaty shall apply
unless the Parties agree to apply
paragraphs 8 to 19 of this article in lieu thereof.
8. Parties shall designate an authority, or when necessary authorities,
which shall have the
responsibility and power to execute requests for mutual legal
assistance or to transmit them to the
competent authorities for execution. The authority or the authorities
designated for this purpose shall
be notified to the Secretary-General. Transmission of requests
for mutual legal assistance and any
communication related thereto shall be effected between the authorities
designated by the Parties;
this requirement shall be without prejudice to the right of a
Party to require that such requests and
communications be addressed to it through the diplomatic channel
and, in urgent circumstances,
where the Parties agree, through channels of the International
Criminal Police Organization, 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 urgent
circumstances, and where agreed by the Parties, requests may
be made orally, but shall be confirmed
in writing forthwith.
10. A request for mutual legal assistance shall contain:
(a) The identity of the authority making the request;
(b) The subject matter and nature of the investigation, prosecution
or proceeding to which the request
relates, and the name and the functions of the authority conducting
such investigation, prosecution or
proceeding;
(c) A summary of the relevant facts, except in respect of requests
for the purpose of service of judicial
documents;
(d) A description of the assistance sought and details of any
particular procedure the requesting Party
wishes to be followed;
(e) Where possible, the identity, location and nationality of any person concerned;
(f) The purpose for which the evidence, information or action is sought.
11. The requested Party may request additional information when
it appears necessary for the
execution of the request in accordance with its domestic law
or when it can facilitate such execution.
12. A request shall be executed in accordance with the domestic
law of the requested Party and, to
the extent not contrary to the domestic law of the requested
Party and where possible, in accordance
with the procedures specified in the request.
13. The requesting Party shall not transmit nor use information
or evidence furnished by the requested
Party for investigations, prosecutions or proceedings other than
those stated in the request without
the prior consent of the requested Party.
14. The requesting Party may require that the requested Party
keep confidential the fact and
substance of the request, except to the extent necessary to execute
the request. If the requested
Party cannot comply with the requirement of confidentiality,
it shall promptly inform the requesting
Party.
15. Mutual legal assistance may be refused:
(a) If the request is not made in conformity with the provisions of this article;
(b) If the requested Party considers that execution of the request
is likely to prejudice its sovereignty,
security, ordre public or other essential interests;
(c) If the authorities of the requested Party would be prohibited
by its domestic law from carrying out
the action requested with regard to any similar offence, had
it been subject to investigation,
prosecution or proceedings under their own jurisdiction;
(d) If it would be contrary to the legal system of the requested
Party relating to mutual legal
assistance for the request to be granted.
16. Reasons shall be given for any refusal of mutual legal assistance.
17. Mutual legal assistance may be postponed by the requested
Party on the ground that it interferes
with an ongoing investigation, prosecution or proceeding. In
such a case, the requested Party shall
consult with the requesting Party to determine if the assistance
can still be given subject to such
terms and conditions as the requested Party deems necessary.
18. A witness, expert or other person who consents to give evidence
in a proceeding or to assist in an
investigation, prosecution or judicial proceeding in the territory
of the requesting Party, shall not be
prosecuted, detained, punished or subjected to any other restriction
of his personal liberty in that
territory in respect of acts, omissions or convictions prior
to his departure from the territory of the
requested Party. Such safe conduct shall cease when the witness,
expert or other person having had,
for a period of fifteen consecutive days, or for any period agreed
upon by the Parties, from the date on
which he has been officially informed that his presence is no
longer required by the judicial authorities,
an opportunity of leaving, has nevertheless remained voluntarily
in the territory or, having left it, has
returned of his own free will.
19. The ordinary costs of executing a request shall be borne by
the requested Party, unless otherwise
agreed by the Parties concerned. If expenses of a substantial
or extraordinary nature are or will be
required to fulfil the request, the Parties shall consult to
determine the terms and conditions under
which the request will be executed as well as the manner in which
the costs shall be borne.
20. The Parties shall consider, as may be necessary, the possibility
of concluding bilateral or
multilateral agreements or arrangements that would serve the
purposes of, give practical effect to, or
enhance the provisions of this article.
Article 8
Transfer of proceedings
The Parties shall give consideration to the possibility of transferring
to one another proceedings for
criminal prosecution of offences established in accordance with
article 3, paragraph 1, in cases where
such transfer is considered to be in the interests of a proper
administration of justice.
Article 9
Other forms of co-operation and training
1. The Parties shall co-operate closely with one another, consistent
with their respective domestic
legal and administrative systems, with a view to enhancing the
effectiveness of law enforcement
action to suppress the commission of offences established in
accordance with article 3, paragraph 1.
They shall, in particular, on the basis of bilateral or multilateral
agreements or arrangements:
(a) Establish and maintain channels of communication between their
competent agencies and services
to facilitate the secure and rapid exchange of information concerning
all aspects of offences
established in accordance with article 3, paragraph 1, including,
if the Parties concerned deem it
appropriate, links with other criminal activities;
(b) Co-operate with one another in conducting enquiries, with
respect to offences established in
accordance with article 3, paragraph 1, having an international
character, concerning:
(i) The identity, whereabouts and activities of persons suspected
of being involved in offences
established in accordance with article 3, paragraph 1;
(ii) The movement of proceeds or property derived from the commission of such offences;
(iii) The movement of narcotic drugs, psychotropic substances,
substances in Table I and Table II of
this Convention and instrumentalities used or intended for use
in the commission of such offences;
(c) In appropriate cases and if not contrary to domestic law,
establish joint teams, taking into account
the need to protect the security of persons and of operations,
to carry out the provisions of this
paragraph. Officials of any Party taking part in such teams shall
act as authorized by the appropriate
authorities of the Party in whose territory the operation is
to take place; in all such cases, the Parties
involved shall ensure that the sovereignty of the Party on whose
territory the operation is to take
place is fully respected;
(d) Provide, when appropriate, necessary quantities of substances
for analytical or investigative
purposes;
(e) Facilitate effective co-ordination between their competent
agencies and services and promote the
exchange of personnel and other experts, including the posting
of liaison officers.
2. Each Party shall, to the extent necessary, initiate, develop
or improve specific training programmes
for its law enforcement and other personnel, including customs,
charged with the suppression of
offences established in accordance with article 3, paragraph
1. Such programmes shall deal, in
particular, with the following:
(a) Methods used in the detection and suppression of offences
established in accordance with article
3, paragraph 1;
(b) Routes and techniques used by persons suspected of being involved
in offences established in
accordance with article 3, paragraph 1, particularly in transit
States, and appropriate
countermeasures;
(c) Monitoring of the import and export of narcotic drugs, psychotropic
substances and substances in
Table I and Table II;
(d) Detection and monitoring of the movement of proceeds and property
derived from, and narcotic
drugs, psychotropic substances and substances in Table I and
Table II, and instrumentalities used or
intended for use in, the commission of offences established in
accordance with article 3, paragraph 1;
(e) Methods used for the transfer, concealment or disguise of
such proceeds, property and
instrumentalities;
(f) Collection of evidence;
(g) Control techniques in free trade zones and free ports;
(h) Modern law enforcement techniques.
3. The Parties shall assist one another to plan and implement
research and training programmes
designed to share expertise in the areas referred to in paragraph
2 of this article and, to this end,
shall also, when appropriate, use regional and international
conferences and seminars to promote
co-operation and stimulate discussion on problems of mutual concern,
including the special problems
and needs of transit States.
Article 10
International co-operation and assistance for transit States
1. The Parties shall co-operate, directly or through competent
international or regional organizations,
to assist and support transit States and, in particular, developing
countries in need of such assistance
and support, to the extent possible, through programmes of technical
co-operation on interdiction and
other related activities.
2. The Parties may undertake, directly or through competent international
or regional organizations, to
provide financial assistance to such transit States for the purpose
of augmenting and strengthening
the infrastructure needed for effective control and prevention
of illicit traffic.
3. The Parties may conclude bilateral or multilateral agreements
or arrangements to enhance the
effectiveness of international co-operation pursuant to this
article and may take into consideration
financial arrangements in this regard.
Article 11
Controlled delivery
1. If permitted by the basic principles of their respective domestic
legal systems, the Parties shall take
the necessary measures, within their possibilities, to allow
for the appropriate use of controlled
delivery at the international level, on the basis of agreements
or arrangements mutually consented to,
with a view to identifying persons involved in offences established
in accordance with article 3,
paragraph 1, and to taking legal action against them.
2. Decisions to use controlled delivery shall be made on a case-by-case
basis and may, when
necessary, take into consideration financial arrangements and
understandings with respect to the
exercise of jurisdiction by the Parties concerned.
3. Illicit consignments whose controlled delivery is agreed to
may, with the consent of the Parties
concerned, be intercepted and allowed to continue with the narcotic
drugs or psychotropic substances
intact or removed or replaced in whole or in part.
Article 12
Substances frequently used in the illicit manufacture of narcotic
drugs or psychotropic substances
1. The Parties shall take the measures they deem appropriate to
prevent diversion of substances in
Table I and Table II used for the purpose of illicit manufacture
of narcotic drugs or psychotropic
substances, and shall co-operate with one another to this end.
2. If a Party or the Board has information which in its opinion
may require the inclusion of a substance
in Table I or Table II, it shall notify the Secretary-General
and furnish him with the information in
support of that notification. The procedure described in paragraphs
2 to 7 of this article shall also
apply when a Party or the Board has information justifying the
deletion of a substance from Table I or
Table II, or the transfer of a substance from one Table to the
other.
3. The Secretary-General shall transmit such notification, and
any information which he considers
relevant, to the Parties, to the Commission, and, where notification
is made by a Party, to the Board.
The Parties shall communicate their comments concerning the notification
to the Secretary-General,
together with all supplementary information which may assist
the Board in establishing an assessment
and the Commission in reaching a decision.
4. If the Board, taking into account the extent, importance and
diversity of the licit use of the
substance, and the possibility and ease of using alternate substances
both for licit purposes and for
the illicit manufacture of narcotic drugs or psychotropic substances,
finds:
(a) That the substance is frequently used in the illicit manufacture
of a narcotic drug or psychotropic
substance;
(b) That the volume and extent of the illicit manufacture of a
narcotic drug or psychotropic substance
creates serious public health or social problems, so as to warrant
international action,
it shall communicate to the Commission an assessment of the substance,
including the likely effect of
adding the substance to either Table I or Table II on both licit
use and illicit manufacture, together with
recommendations of monitoring measures, if any, that would be
appropriate in the light of its
assessment.
5. The Commission, taking into account the comments submitted
by the Parties and the comments and
recommendations of the Board, whose assessment shall be determinative
as to scientific matters, and
also taking into due consideration any other relevant factors,
may decide by a two-thirds majority of
its members to place a substance in Table I or Table II.
6. Any decision of the Commission taken pursuant to this article
shall be communicated by the
Secretary-General to all States and other entities which are,
or which are entitled to become, Parties
to this Convention, and to the Board. Such decision shall become
fully effective with respect to each
Party one hundred and eighty days after the date of such communication.
7. (a) The decisions of the Commission taken under this article
shall be subject to review by the
Council upon the request of any Party filed within one hundred
and eighty days after the date of
notification of the decision. The request for review shall be
sent to the Secretary-General, together
with all relevant information upon which the request for review
is based.
(b) The Secretary-General shall transmit copies of the request
for review and the relevant information
to the Commission, to the Board and to all the Parties, inviting
them to submit their comments within
ninety days. All comments received shall be submitted to the
Council for consideration.
(c) The Council may confirm or reverse the decision of the Commission.
Notification of the Council's
decision shall be transmitted to all States and other entities
which are, or which are entitled to
become, Parties to this Convention, to the Commission and to
the Board.
8. (a) Without prejudice to the generality of the provisions contained
in paragraph 1 of this article and
the provisions of the 1961 Convention, the 1961 Convention as
amended and the 1971 Convention,
the Parties shall take the measures they deem appropriate to
monitor the manufacture and
distribution of substances in Table I and Table II which are
carried out within their territory.
(b) To this end, the Parties may:
(i) Control all persons and enterprises engaged in the manufacture
and distribution of such
substances;
(ii) Control under licence the establishment and premises in which
such manufacture or distribution
may take place;
(iii) Require that licensees obtain a permit for conducting the aforesaid operations;
(iv) Prevent the accumulation of such substances in the possession
of manufacturers and distributors,
in excess of the quantities required for the normal conduct of
business and the prevailing market
conditions.
9. Each Party shall, with respect to substances in Table I and Table II, take the following measures:
(a) Establish and maintain a system to monitor international trade
in substances in Table I and Table II
in order to facilitate the identification of suspicious transactions.
Such monitoring systems shall be
applied in close co-operation with manufacturers, importers,
exporters, wholesalers and retailers, who
shall inform the competent authorities of suspicious orders and
transactions.
(b) Provide for the seizure of any substance in Table I or Table
II if there is sufficient evidence that it is
for use in the illicit manufacture of a narcotic drug or psychotropic
substance.
(c) Notify, as soon as possible, the competent authorities and
services of the Parties concerned if
there is reason to believe that the import, export or transit
of a substance in Table I or Table II is
destined for the illicit manufacture of narcotic drugs or psychotropic
substances, including in particular
information about the means of payment and any other essential
elements which led to that belief.
(d) Require that imports and exports be properly labelled and
documented. Commercial documents
such as invoices, cargo manifests, customs, transport and other
shipping documents shall include the
names, as stated in Table I or Table II, of the substances being
imported or exported, the quantity
being imported or exported, and the name and address of the exporter,
the importer and, when
available, the consignee.
(e) Ensure that documents referred to in subparagraph (d) of this
paragraph are maintained for a
period of not less than two years and may be made available for
inspection by the competent
authorities.
10. (a) In addition to the provisions of paragraph 9, and upon
request to the Secretary-General by the
interested Party, each Party from whose territory a substance
in Table I is to be exported shall ensure
that, prior to such export, the following information is supplied
by its competent authorities to the
competent authorities of the importing country:
(i) Name and address of the exporter and importer and, when available, the consignee;
(ii) Name of the substance in Table I;
(iii) Quantity of the substance to be exported;
(iv) Expected point of entry and expected date of dispatch;
(v) Any other information which is mutually agreed upon by the Parties.
(b) A Party may adopt more strict or severe measures of control
than those provided by this paragraph
if, in its opinion, such measures are desirable or necessary.
11. Where a Party furnishes information to another Party in accordance
with paragraphs 9 and 10 of
this article, the Party furnishing such information may require
that the Party receiving it keep
confidential any trade, business, commercial or professional
secret or trade process.
12. Each Party shall furnish annually to the Board, in the form
and manner provided for by it and on
forms made available by it, information on:
(a) The amounts seized of substances in Table I and Table II and, when known, their origin;
(b) Any substance not included in Table I or Table II which is
identified as having been used in illicit
manufacture of narcotic drugs or psychotropic substances, and
which is deemed by the Party to be
sufficiently significant to be brought to the attention of the
Board;
(c) Methods of diversion and illicit manufacture.
13. The Board shall report annually to the Commission on the implementation
of this article and the
Commission shall periodically review the adequacy and propriety
of Table I and Table II.
14. The provisions of this article shall not apply to pharmaceutical
preparations, nor to other
preparations containing substances in Table I or Table II that
are compounded in such a way that such
substances cannot be easily used or recovered by readily applicable
means.
Article 13
Materials and equipment
The Parties shall take such measures as they deem appropriate
to prevent trade in and the diversion
of materials and equipment for illicit production or manufacture
of narcotic drugs and psychotropic
substances and shall co-operate to this end.
Article 14
Measures to eradicate illicit cultivation of narcotic plants
and to eliminate illicit demand for
narcotic drugs and psychotropic substances
1. Any measures taken pursuant to this Convention by Parties shall
not be less stringent than the
provisions applicable to the eradication of illicit cultivation
of plants containing narcotic and
psychotropic substances and to the elimination of 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 illicit
cultivation of and to eradicate plants
containing narcotic or psychotropic substances, such as opium
poppy, coca bush and cannabis plants,
cultivated illicitly in its territory. The measures adopted shall
respect fundamental human rights and
shall take due account of traditional licit uses, where there
is historic evidence of such use, as well as
the protection of the environment.
3. (a) The Parties may co-operate to increase the effectiveness
of eradication efforts. Such
co-operation may, inter alia, include support, when appropriate,
for integrated rural development
leading to economically viable alternatives to illicit cultivation.
Factors such as access to markets, the
availability of resources and prevailing socio-economic conditions
should be taken into account before
such rural development programmes are implemented. The Parties
may agree on any other
appropriate measures of co-operation.
(b) The Parties shall also facilitate the exchange of scientific
and technical information and the conduct
of research concerning eradication.
(c) Whenever they have common frontiers, the Parties shall seek
to co-operate in eradication
programmes in their respective areas along those frontiers.
4. The Parties shall adopt appropriate measures aimed at eliminating
or reducing illicit demand for
narcotic drugs and psychotropic substances, with a view to reducing
human suffering and eliminating
financial incentives for illicit traffic. These measures may
be based, inter alia, on the recommendations
of the United Nations, specialized agencies of the United Nations
such as the World Health
Organization, and other competent international organizations,
and on the Comprehensive
Multidisciplinary Outline adopted by the International Conference
on Drug Abuse and Illicit Trafficking,
held in 1987, as it pertains to governmental and non-governmental
agencies and private efforts in the
fields of prevention, treatment and rehabilitation. The Parties
may enter into bilateral or multilateral
agreements or arrangements aimed at eliminating or reducing illicit
demand for narcotic drugs and
psychotropic substances.
5. The Parties may also take necessary measures for early destruction
or lawful disposal of the
narcotic drugs, psychotropic substances and substances in Table
I and Table II which have been
seized or confiscated and for the admissibility as evidence of
duly certified necessary quantities of such
substances.
Article 15
Commercial carriers
1. The Parties shall take appropriate measures to ensure that
means of transport operated by
commercial carriers are not used in the commission of offences
established in accordance with article 3,
paragraph 1; such measures may include special arrangements with
commercial carriers.
2. Each Party shall require commercial carriers to take reasonable
precautions to prevent the use of
their means of transport for the commission of offences established
in accordance with article 3,
paragraph 1. Such precautions may include:
(a) If the principal place of business of a commercial carrier is within the territory of the Party:
(i) Training of personnel to identify suspicious consignments or persons;
(ii) Promotion of integrity of personnel;
(b) If a commercial carrier is operating within the territory of the Party:
(i) Submission of cargo manifests in advance, whenever possible;
(ii) Use of tamper-resistant, individually verifiable seals on containers;
(iii) Reporting to the appropriate authorities at the earliest
opportunity all suspicious circumstances
that may be related to the commission of offences established
in accordance with article 3, paragraph
1.
3. Each Party shall seek to ensure that commercial carriers and
the appropriate authorities at points of
entry and exit and other customs control areas co-operate, with
a view to preventing unauthorized
access to means of transport and cargo and to implementing appropriate
security measures.
Article 16
Commercial documents and labelling of exports
1. Each Party shall require that lawful exports of narcotic drugs
and psychotropic substances be
properly documented. In addition to the requirements for documentation
under article 31 of the 1961
Convention, article 31 of the 1961 Convention as amended and
article 12 of the 1971 Convention,
commercial documents such as invoices, cargo manifests, customs,
transport and other shipping
documents shall include the names of the narcotic drugs and psychotropic
substances being exported
as set out in the respective Schedules of the 1961 Convention,
the 1961 Convention as amended and
the 1971 Convention, the quantity being exported, and the name
and address of the exporter, the
importer and, when available, the consignee.
2. Each Party shall require that consignments of narcotic drugs
and psychotropic substances being
exported be not mislabelled.
Article 17
Illicit traffic by sea
1. The Parties shall co-operate to the fullest extent possible
to suppress illicit traffic by sea, in
conformity with the international law of the sea.
2. A Party which has reasonable grounds to suspect that a vessel
flying its flag or not displaying a flag
or marks of registry is engaged in illicit traffic may request
the assistance of other Parties in
suppressing its use for that purpose. The Parties so requested
shall render such assistance within the
means available to them.
3. A Party which has reasonable grounds to suspect that a vessel
exercising freedom of navigation in
accordance with international law and flying the flag or displaying
marks of registry of another Party is
engaged in illicit traffic may so notify the flag State, request
confirmation of registry and, if confirmed,
request authorization from the flag State to take appropriate
measures in regard to that vessel.
4. In accordance with paragraph 3 or in accordance with treaties
in force between them or in
accordance with any agreement or arrangement otherwise reached
between those Parties, the flag
State may authorize the requesting State to, inter alia:
(a) Board the vessel;
(b) Search the vessel;
(c) If evidence of involvement in illicit traffic is found, take
appropriate action with respect to the
vessel, persons and cargo on board.
5. Where action is taken pursuant to this article, the Parties
concerned shall take due account of the
need not to endanger the safety of life at sea, the security
of the vessel and the cargo or to prejudice
the commercial and legal interests of the flag State or any other
interested State.
6. The flag State may, consistent with its obligations in paragraph
1 of this article, subject its
authorization to conditions to be mutually agreed between it
and the requesting Party, including
conditions relating to responsibility.
7. For the purposes of paragraphs 3 and 4 of this article, a Party
shall respond expeditiously to a
request from another Party to determine whether a vessel that
is flying its flag is entitled to do so,
and to requests for authorization made pursuant to paragraph
3. At the time of becoming a Party to
this Convention, each Party shall designate an authority or,
when necessary, authorities to receive
and respond to such requests. Such designation shall be notified
through the Secretary-General to all
other Parties within one month of the designation.
8. A Party which has taken any action in accordance with this
article shall promptly inform the flag
State concerned of the results of that action.
9. The Parties shall consider entering into bilateral or regional
agreements or arrangements to carry
out, or to enhance the effectiveness of, the provisions of this
article.
10. Action pursuant to paragraph 4 of this article shall be carried
out only by warships or military
aircraft, or other ships or aircraft clearly marked and identifiable
as being on government service and
authorized to that effect.
11. Any action taken in accordance with this article shall take
due account of the need not to interfere
with or affect the rights and obligations and the exercise of
jurisdiction of coastal States in accordance
with the international law of the sea.
Article 18
Free trade zones and free ports
1. The Parties shall apply measures to suppress illicit traffic
in narcotic drugs, psychotropic substances
and substances in Table I and Table II in free trade zones and
in free ports that are no less stringent
than those applied in other parts of their territories.
2. The Parties shall endeavour:
(a) To monitor the movement of goods and persons in free trade
zones and free ports, and, to that
end, shall empower the competent authorities to search cargoes
and incoming and outgoing vessels,
including pleasure craft and fishing vessels, as well as aircraft
and vehicles and, when appropriate, to
search crew members, passengers and their baggage;
(b) To establish and maintain a system to detect consignments
suspected of containing narcotic drugs,
psychotropic substances and substances in Table I and Table II
passing into or out of free trade zones
and free ports;
(c) To establish and maintain surveillance systems in harbour
and dock areas and at airports and
border control points in free trade zones and free ports.
Article 19
The use of the mails
1. In conformity with their obligations under the Conventions
of the Universal Postal Union, and in
accordance with the basic principles of their domestic legal
systems, the Parties shall adopt measures
to suppress the use of the mails for illicit traffic and shall
co-operate with one another to that end.
2. The measures referred to in paragraph 1 of this article shall include, in particular:
(a) Co-ordinated action for the prevention and repression of the use of the mails for illicit traffic;
(b) Introduction and maintenance by authorized law enforcement
personnel of investigative and
control techniques designed to detect illicit consignments of
narcotic drugs, psychotropic substances
and substances in Table I and Table II in the mails;
(c) Legislative measures to enable the use of appropriate means
to secure evidence required for
judicial proceedings.
Article 20
Information to be furnished by the Parties
1. The Parties shall furnish, through the Secretary-General, information
to the Commission on the
working of this Convention in their territories and, in particular:
(a) The text of laws and regulations promulgated in order to give effect to the Convention;
(b) Particulars of cases of illicit traffic within their jurisdiction
which they consider important because of
new trends disclosed, the quantities involved, the sources from
which the substances are obtained, or
the methods employed by persons so engaged.
2. The Parties shall furnish such information in such a manner
and by such dates as the Commission
may request.
Article 21
Functions of the Commission
The Commission is authorized to consider all matters pertaining
to the aims of this Convention and, in
particular:
(a) The Commission shall, on the basis of the information submitted
by the Parties in accordance with
Article 20, review the operation of this Convention;
(b) The Commission may make suggestions and general recommendations
based on the examination
of the information received from the Parties;
(c) The Commission may call the attention of the Board to any
matters which may be relevant to the
functions of the Board;
(d) The Commission shall, on any matter referred to it by the
Board under article 22, paragraph 1(b),
take such action as it deems appropriate;
(e) The Commission may, in conformity with the procedures laid
down in article 12, amend Table I and
Table II;
(f) The Commission may draw the attention of non-Parties to decisions
and recommendations which it
adopts under this Convention, with a view to their considering
taking action in accordance therewith.
Article 22
Functions of the Board
1. Without prejudice to the functions of the Commission under
article 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, on the basis of its examination of information available
to it, to the Secretary-General or to the
Commission, or of information communicated by United Nations
organs, the Board has reason to
believe that the aims of this Convention in matters related to
its competence are not being met, the
Board may invite a Party or Parties to furnish any relevant information;
(b) With respect to articles 12, 13 and 16:
(i) After taking action under subparagraph (a) of this article,
the Board, if satisfied that it is necessary
to do so, may call upon the Party concerned to adopt such remedial
measures as shall seem under the
circumstances to be necessary for the execution of the provisions
of articles 12, 13 and 16;
(ii) Prior to taking action under (iii) below, the Board shall
treat as confidential its communications with
the Party concerned under the preceding subparagraphs;
(iii) If the Board finds that the Party concerned has not taken
remedial measures which it has been
called upon to take under this subparagraph, it may call the
attention of the Parties, the Council and
the Commission to the matter. Any report published by the Board
under this subparagraph shall also
contain the views of the Party concerned if the latter so requests.
2. Any Party shall be invited to be represented at a meeting of
the Board at which a question of direct
interest to it is to be considered under this article.
3. If in any case a decision of the Board which is adopted under
this article is not unanimous, the
views of the minority shall be stated.
4. Decisions of the Board under this article shall be taken by
a two-thirds majority of the whole number
of the Board.
5. In carrying out its functions pursuant to subparagraph 1(a)
of this article, the Board shall ensure the
confidentiality of all information which may come into its possession.
6. The Board's responsibility under this article shall not apply
to the implementation of treaties or
agreements entered into between Parties in accordance with the
provisions of this Convention.
7. The provisions of this article shall not be applicable to disputes
between Parties falling under the
provisions of article 32.
Article 23
Reports of the Board
1. The Board shall prepare an annual report on its work containing
an analysis of the information at its
disposal and, in appropriate cases, an account of the explanations,
if any, given by or required of
Parties, together with any observations and recommendations which
the Board desires to make. The
Board may make such additional reports as it considers necessary.
The reports shall be submitted to
the Council through the Commission which may make such comments
as it sees fit.
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.
Article 24
Application of stricter measures than those required by this
Convention
A Party may adopt more strict or severe measures than those provided
by this Convention if, in its
opinion, such measures are desirable or necessary for the prevention
or suppression of illicit traffic.
Article 25
Non-derogation from earlier treaty rights and obligations
The provisions of this Convention shall not derogate from any
rights enjoyed or obligations
undertaken by Parties to this Convention under the 1961 Convention,
the 1961 Convention as
amended and the 1971 Convention.
Article 26
Signature
This Convention shall be open for signature at the United Nations
Office at Vienna, from 20 December
1988 to 28 February 1989, and thereafter at the Headquarters
of the United Nations at New York,
until 20 December 1989,[4] by:
(a) All States;
(b) Namibia, represented by the United Nations Council for Namibia;
(c) Regional economic integration organizations which have competence
in respect of the negotiation,
conclusion and application of international agreements in matters
covered by this Convention,
references under the Convention to Parties, States or national
services being applicable to these
organizations within the limits of their competence.
Article 27
Ratification, acceptance, approval or act of formal confirmation
1. This Convention is subject to ratification, acceptance or approval
by States and by Namibia,
represented by the United Nations Council for Namibia, and to
acts of formal confirmation by regional
economic integration organizations referred to in article 26,
subparagraph (c). The instruments of
ratification, acceptance or approval and those relating to acts
of formal confirmation shall be deposited
with the Secretary-General.[5]
2. In their instruments of formal confirmation, regional economic
integration organizations shall declare
the extent of their competence with respect to the matters governed
by this Convention. These
organizations shall also inform the Secretary-General of any
modification in the extent of their
competence with respect to the matters governed by the Convention.
Article 28
Accession
1. This Convention shall remain open for accession by any State,
by Namibia, represented by the
United Nations Council for Namibia, and by regional economic
integration organizations referred to in
article 26, subparagraph (c). 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 declare the
extent of their competence with respect to the matters governed
by this Convention. These
organizations shall also inform the Secretary-General of any
modification in the extent of their
competence with respect to the matters governed by the Convention.
Article 29
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.[6]
2. For each State or for Namibia, represented by the Council for
Namibia, ratifying, accepting,
approving or acceding to this Convention after the deposit of
the twentieth instrument of ratification,
acceptance, approval or accession, the Convention shall enter
into force on the ninetieth day after the
date of the deposit of its instrument of ratification, acceptance,
approval or accession.[7]
3. For each regional economic integration organization referred
to in article 26, subparagraph (c)
depositing an instrument relating to an act of formal confirmation
or an instrument of accession, this
Convention shall enter into force on the ninetieth day after
such deposit, or at the date the
Convention enters into force pursuant to paragraph 1 of this
article, whichever is later.
Article 30
Denunciation
1. A Party may denounce this Convention at any time by a written
notification addressed to the
Secretary-General.
2. Such denunciation shall take effect for the Party concerned
one year after the date of receipt of the
notification by the Secretary-General.
Article 31
Amendments
1. Any Party may propose an amendment to this Convention. The
text of any such amendment and the
reasons therefor shall be communicated by that Party to the Secretary-General,
who shall
communicate it to the other Parties and shall ask them whether
they accept the proposed
amendment. If a proposed amendment so circulated has not been
rejected by any Party within
twenty-four months after it has been circulated, it shall be
deemed to have been accepted and shall
enter into force in respect of a Party ninety days after that
Party has deposited with the
Secretary-General an instrument expressing its consent to be
bound by that amendment.
2. If a proposed amendment has been rejected by any Party, the
Secretary-General shall consult with
the Parties and, if a majority so requests, he shall bring the
matter, together with any comments made
by the Parties, before the Council which may decide to call a
conference in accordance with Article 62,
paragraph 4, of the Charter of the United Nations. Any amendment
resulting from such a conference
shall be embodied in a Protocol of Amendment. Consent to be bound
by such a Protocol shall be
required to be expressed specifically to the Secretary-General.
Article 32
Settlement of disputes
1. If there should arise between two or more Parties a dispute
relating to the interpretation or
application of this Convention, the Parties shall consult together
with a view to the settlement of the
dispute by negotiation, enquiry, mediation, conciliation, arbitration,
recourse to regional bodies, judicial
process or other peaceful means of their own choice.
2. Any such dispute which cannot be settled in the manner prescribed
in paragraph 1 of this article
shall be referred, at the request of any one of the States Parties
to the dispute, to the International
Court of Justice for decision.
3. If a regional economic integration organization referred to
in article 26, subparagraph (c) is a Party
to a dispute which cannot be settled in the manner prescribed
in paragraph 1 of this article, it may,
through a State Member of the United Nations, request the Council
to request an advisory opinion of
the International Court of Justice in accordance with Article
65 of the Statute of the Court, which
opinion shall be regarded as decisive.
4. Each State, at the time of signature or ratification, acceptance
or approval of this Convention or
accession thereto, or each regional economic integration organization,
at the time of signature or
deposit of an act of formal confirmation or accession, may declare
that it does not consider itself bound
by paragraphs 2 and 3 of this article. The other Parties shall
not be bound by paragraphs 2 and 3 with
respect to any Party having made such a declaration.
5. Any Party having made a declaration in accordance with paragraph
4 of this article may at any time
withdraw the declaration by notification to the Secretary-General.
Article 33
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts
of this Convention are equally
authentic.
Article 34
Depositary
The Secretary-General shall be the depositary of this Convention.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto,
have signed this
Convention.
DONE AT VIENNA, in one original, this twentieth day of December
one thousand nine hundred and
eighty-eight.
[Signatures not reproduced here.]
ANNEX
Table I
Table II
Ephedrine
Acetic anhydride
Ergometrine
Acetone
Ergotamine
Anthranilic acid
Lysergic acid
Ethyl ether
1-phenyl-2-propanone
Phenylacetic acid
Pseudoephedrine
Piperidine
The salts of the substances listed in this Table
whenever the existence of such salts is possible.
The salts of the substances listed in this
Table whenever the existence of such
salts is possible.
FONTE : http://ue.eu.int/ejn/indexfr.htm