S.I. No. 474/2000 - Extradition Act, 1965 (Application of Part II) Order, 2000.


To be made by the Government

WHEREAS by the European Convention on Extradition (the terms of which are set out in Part I of the First Schedule hereto), done at Paris on the 13th day of December, 1957 (referred to subsequently in these recitals as “the Paris Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 2 thereof;

AND WHEREAS the Paris Convention was ratified on behalf of the State on the 12th day of July, 1988, subject to the reservation and declarations specified in Part II of the said First Schedule;

AND WHEREAS the Paris Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the Table to the Tenth Schedule hereto subject to the reservations and declarations by certain of the countries concerned specified in Part III of the said First Schedule;

AND WHEREAS pursuant to Article 27.4 of the Paris Convention, the Government have made an arrangement (within the meaning of subsection (2) of section 8 of the Extradition Act, 1965 (No. 17 of 1965)) with the Government of the Kingdom of the Netherlands by means of an exchange of letters dated the 27th day of July 1995, and the 4th day of December 2000 (the terms of which are set out in Part IV of the said First Schedule) extending that Convention to the places specified in the said Part IV;

AND WHEREAS by the Convention for the Suppression of Unlawful Seizure of Aircraft (the terms of which are set out in Part I of the Second Schedule hereto), done at the Hague on the 16th day of December, 1970 (referred to subsequently in these recitals as “the Hague Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;

AND WHEREAS the Hague Convention was ratified on behalf of the State on the 14th day of November, 1975;

AND WHEREAS the Hague Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject, to the reservations and declarations by certain of the countries concerned specified in Part II of the said Second Schedule;

AND WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the terms of which are set out in Part I of the Third Schedule hereto), done at Montreal on the 23rd day of September, 1971 (referred to subsequently in these recitals as “the Montreal Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;

AND WHEREAS the Montreal Convention was acceded to on behalf of the State on the 12th day of October, 1976;

AND WHEREAS the Montreal Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Third Schedule;

AND WHEREAS by the Protocol, done at Montreal on the 24th day of February, 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971 (referred to subsequently in these recitals as “the Montreal Protocol” and the terms of which are set out in Part I of the Fourth Schedule hereto), to which the State is a party, an arrangement (within the meaning of subsection (2) of section 8 of the Extradition Act, 1965 (No. 17 of 1965)) was made with the other countries that are parties to that Protocol whereby provisions supplementary to those of the Montreal Convention were adopted;

AND WHEREAS the Montreal Protocol was ratified on behalf of the State on the 26th day of July, 1991;

AND WHEREAS the Montreal Protocol has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Fourth Schedule;

AND WHEREAS by the Convention on the Physical Protection of Nuclear Material (the terms of which are set out in Part I of the Fifth Schedule hereto), opened for signature at Vienna and New York on the 3rd day of March, 1980 (referred to subsequently in these recitals as “the Nuclear Material Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 7 thereof;

AND WHEREAS the Nuclear Material Convention was ratified on behalf of the State on the 6th day of September, 1991;

AND WHEREAS the Nuclear Material Convention has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Fifth Schedule;

AND WHEREAS by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the terms of which are set out in Part I of the Sixth Schedule hereto), concluded at Vienna on the 20th day of December, 1988 (referred to subsequently in these recitals as “the Drug Trafficking Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 3 thereof;

AND WHEREAS the Drug Trafficking Convention was ratified on behalf of the State on the 3rd day of September, 1996;

AND WHEREAS the Drug Trafficking Convention has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Sixth Schedule;

AND WHEREAS by the European Convention on the Suppression of Terrorism (the terms of which are set out in Part I of the Seventh Schedule hereto) done at Strasbourg on the 27th day of January, 1977 (referred to subsequently in these recitals as “the Anti-Terrorism Convention”), to which the State is a party, an arrangement (within the meaning of subsection (2) of section 8 of the Extradition Act, 1965 (No. 17 of 1965)) was made with the other countries that are parties to that Convention whereby certain offences would not, for the purposes of extradition, be treated as political offences;

AND WHEREAS the Anti-Terrorism Convention was ratified on behalf of the State on the 21st day of February, 1989;

AND WHEREAS the Anti-Terrorism Convention has also been ratified or acceded to by the countries specified in that regard in the said Table subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Seventh Schedule;

AND WHEREAS by the Treaty on Extradition between the State and Australia (the terms of which are set out in the Eighth Schedule hereto), done at Dublin on the 2nd day of September, 1985, (referred to subsequently in these recitals as “the Australian Treaty”), an arrangement was made with Australia for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;

AND WHEREAS the terms of the Australian Treaty were approved by Dáil Éireann by resolution passed by it on the 29th day of June, 1988;

AND WHEREAS by notes exchanged at Canberra on the 27th day of February, 1989, the State and Australia have, in accordance with the Australian Treaty, notified each other that their respective requirements for the entry into force of the Australian Treaty have been complied with;

AND WHEREAS by the Treaty on Extradition between the State and the United States of America (the terms of which are set out in the Ninth Schedule hereto), signed at Washington on the 13th day of July, 1983 (hereinafter referred to as “the United States Treaty”), an arrangement was made with the United States of America for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;

AND WHEREAS the terms of the United States Treaty were approved by Dáil Éireann on the 25th day of November, 1986;

AND WHEREAS the United States Treaty has been ratified on behalf of the State and of the United States of America and the instruments of ratification referred to therein were exchanged at Dublin on the 13th day of January, 1987;

AND WHEREAS it is intended accordingly to apply Part II of the Extradition Act, 1965 (No. 17 of 1965), to each of the countries (other than the United Kingdom of Great Britain and Northern Ireland) specified in the said Table and to make declarations pursuant to section 8(2) of the said Act in relation to the said arrangements with the Government of the Kingdom of the Netherlands, the Anti-Terrorism Convention and the Protocol;

NOW the Government, in exercise of the powers conferred on them by section 8 of the Extradition Act, 1965 (No. 17 of 1965), hereby make the following order with respect to which, pursuant to section 4 of that Act (inserted by Section 7 of the Extradition (European Convention on the Suppression of Terrorism) Act, 1987 (No. 1 of 1987)), a draft has been laid before each House of the Oireachtas and a motion approving of the draft has been passed by each such House:

1. (1) This Order may be cited as the Extradition Act, 1965 (Application of Part II) Order, 2000.

(2) This Order shall come into operation on the 20th day of December 2000.

2. In this Order—

“the Act of 1965” means the Extradition Act, 1965 (No. 17 of 1965);

“the First Schedule” means the First Schedule to this Order; and

“the Table” means the Table to the Tenth Schedule to this Order.

3. Part II of the Act of 1965 shall apply in relation to the countries set out in the Table (other than the United Kingdom of Great Britain and Northern Ireland).

4. It is hereby declared that the Government have made an arrangement within the meaning of section 8(2) of the Act of 1965 (by an exchange of letters dated the 27th day of July 1995 and the 4th day of December 2000) amending the Paris Convention, in so far as it applies as between the State and the Kingdom of the Netherlands, by extending its application to those places specified in Part IV of the First Schedule.

5. It is hereby declared that the Government have made an arrangement, within the meaning of section 8(2) of the Act of 1965 (namely, the Protocol, done at Montreal on the 24th day of February, 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on the 23rd day of September, 1971) amending, as respects Ireland and the countries specified in that regard in the Table, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 12th day of September, 1971.

6. It is hereby declared that the Government have made an arrangement, within the meaning of section 8(2) of the Act of 1965 (namely, the European Convention on the Suppression of Terrorism, done at Strasbourg on the 27th day of January, 1977, and the reservations and declarations specified in Part II of the Seventh Schedule to this Order) whereby certain offences would not, for the purposes of extradition between the State and the other countries that are parties to that arrangement, be treated as political offences.

7. The following orders are hereby revoked, namely:

(a) the Extradition Act, 1965 (Part II) (No. 22) Order, 1987 ( S.I. No. 33 of 1987 );

(b) the Extradition Act, 1965 (Part II) (No. 23) Order, 1989 ( S.I. No. 9 of 1989 );

(c) the Extradition Act, 1965 (Part II) (No. 25) Order, 1989 ( S.I. No. 10 of 1989 );

(d) the Extradition Act, 1965 (Part II) (No. 24) Order, 1989 ( S.I. No. 48 of 1989 ).

First Schedule: Part I

EUROPEAN CONVENTION ON EXTRADITION

Paris, 13.XII.1957

The governments signatory hereto, being members of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Considering that this purpose can be attained by the conclusion of agreements and by common action in legal matters;

Considering that the acceptance of uniform rules with regard to extradition is likely to assist this work of unification,

Have agreed as follows:

Article 1 — Obligation to extradite

The Contracting Parties undertake to surrender to each other, subject to the provisions and conditions laid down in this Convention, all persons against whom the competent authorities of the requesting Party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence or detention order.

Article 2 — Extraditable offences

1. Extradition shall be granted in respect of offences punishable under the laws of the requesting Party and of the requested Party by deprivation of liberty or under a detention order for a maximum period of at least one year or by a more severe penalty. Where a conviction and prison sentence have occurred or a detention order has been made in the territory of the requesting Party, the punishment awarded must have been for a period of at least four months.

2. If the request for extradition includes several separate offences each of which is punishable under the laws of the requesting Party and the requested Party by deprivation of liberty or under a detention order, but of which some do not fulfil the condition with regard to the amount of punishment which may be awarded, the requested Party shall also have the right to grant extradition for the latter offences.

3. Any Contracting Party whose law does not allow extradition for certain of the offences referred to in paragraph 1 of this article may, in so far as it is concerned, exclude such offences from the application of this Convention.

4. Any Contracting Party which wishes to avail itself of the right provided for in paragraph 3 of this article shall, at the time of deposit of its instrument of ratification or accession, transmit to the Secretary General of the Council of Europe either a list of the offences for which extradition is allowed or a list of those for which it is excluded and shall at the same time indicate the legal provisions which allow or exclude extradition. The Secretary General of the Council shall forward these lists to the other signatories.

5. If extradition is subsequently excluded in respect of other offences by the law of a Contracting Party, that Party shall notify the Secretary General. The Secretary General shall inform the other signatories. Such notification shall not take effect until three months from the date of its receipt by the Secretary General.

6. Any Party which avails itself of the right provided for in paragraphs 4 or 5 of this article may at any time apply this Convention to offences which have been excluded from it. It shall inform the Secretary General of the Council of such changes, and the Secretary General shall inform the other signatories.

7. Any Party may apply reciprocity in respect of any offences excluded from the application of the Convention under this article.

Article 3 — Political offences

1. Extradition shall not be granted if the offence in respect of which it is requested is regarded by the requested Party as a political offence or as an offence connected with a political offence.

2. The same rule shall apply if the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons.

3. The taking or attempted taking of the life of a Head of State or a member of his family shall not be deemed to be a political offence for the purposes of this Convention.

4. This article shall not affect any obligations which the Contracting Parties may have undertaken or may undertake under any other international convention of a multilateral character.

Article 4 — Military offences

Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Convention.

Article 5 — Fiscal offences

Extradition shall be granted, in accordance with the provisions of this Convention, for offences in connection with taxes, duties, customs and exchange only if the Contracting Parties have so decided in respect of any such offence or category of offences.

Article 6 — Extradition of nationals

1. (a) A Contracting Party shall have the right to refuse extradition of its nationals.

(b) Each Contracting Party may, by a declaration made at the time of signature or of deposit of its instrument of ratification or accession, define as far as it is concerned the term “nationals” within the meaning of this Convention.

(c) Nationality shall be determined as at the time of the decision concerning extradition. If, however, the person claimed is first recognised as a national of the requested Party during the period between the time of the decision and the time contemplated for the surrender, the requested Party may avail itself of the provision contained in sub-paragraph a of this article.

2. If the requested Party does not extradite its national, it shall at the request of the requesting Party submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. For this purpose, the files, information and exhibits relating to the offence shall be transmitted without charge by the means provided for in Article 12, paragraph 1. The requesting Party shall be informed of the result of its request.

Article 7 — Place of commission

1. The requested Party may refuse to extradite a person claimed for an offence which is regarded by its law as having been committed in whole or in part in its territory or in a place treated as its territory.

2. When the offence for which extradition is requested has been committed outside the territory of the requesting Party, extradition may only be refused if the law of the requested Party does not allow prosecution for the same category of offence when committed outside the latter Party's territory or does not allow extradition for the offence concerned.

Article 8 — Pending proceedings for the same offences

The requested Party may refuse to extradite the person claimed if the competent authorities of such Party are proceeding against him in respect of the offence or offences for which extradition is requested.

Article 9 — Non bis in idem

Extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided either not to institute or to terminate proceedings in respect of the same offence or offences.

Article 10 — Lapse of time

Extradition shall not be granted when the person claimed has, according to the law of either the requesting or the requested Party, become immune by reason of lapse of time from prosecution or punishment.

Article 11 — Capital punishment

If the offence for which extradition is requested is punishable by death under the law of the requesting Party, and if in respect of such offence the death-penalty is not provided for by the law of the requested Party or is not normally carried out, extradition may be refused unless the requesting Party gives such assurance as the requested Party considers sufficient that the death-penalty will not be carried out.

Article 12 — The request and supporting documents

1. The request shall be in writing and shall be communicated through the diplomatic channel. Other means of communication may be arranged by direct agreement between two or more Parties.

2. The request shall be supported by:

a. the original or an authenticated copy of the conviction and sentence or detention order immediately enforceable or of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting Party;

b. a statement of the offences for which extradition is requested. The time and place of their commission, their legal descriptions and a reference to the relevant legal provisions shall be set out as accurately as possible; and

c. a copy of the relevant enactments or, where this is not possible, a statement of the relevant law and as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.

Article 13 — Supplementary information

If the information communicated by the requesting Party is found to be insufficient to allow the requested Party to make a decision in pursuance of this Convention, the latter Party shall request the necessary supplementary information and may fix a time-limit for the receipt thereof.

Article 14 — Rule of speciality

1. A person who has been extradited shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited, nor shall he be for any other reason restricted in his personal freedom, except in the following cases:

a. when the Party which surrendered him consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 12 and a legal record of any statement made by the extradited person in respect of the offence concerned. Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provisions of this Convention;

b. when that person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it.

2. The requesting Party may, however, take any measures necessary to remove the person from its territory, or any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time.

3. When the description of the offence charged is altered in the course of proceedings, the extradited person shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.

Article 15 — Re-extradition to a third state

Except as provided for in Article 14, paragraph 1.b, the requesting Party shall not, without the consent of the requested Party, surrender to another Party or to a third State a person surrendered to the requesting Party and sought by the said other Party or third State in respect of offences committed before his surrender. The requested Party may request the production of the documents mentioned in Article 12, paragraph 2.

Article 16 — Provisional arrest

1. In case of urgency the competent authorities of the requesting Party may request the provisional arrest of the person sought. The competent authorities of the requested Party shall decide the matter in accordance with its law.

2. The request for provisional arrest shall state that one of the documents mentioned in Article 12, paragraph 2.a, exists and that it is intended to send a request for extradition. It shall also state for what offence extradition will be requested and when and where such offence was committed and shall so far as possible give a description of the person sought.

3. A request for provisional arrest shall be sent to the competent authorities of the requested Party either through the diplomatic channel or direct by post or telegraph or through the International Criminal Police Organisation (Interpol) or by any other means affording evidence in writing or accepted by the requested Party. The requesting authority shall be informed without delay of the result of its request.

4. Provisional arrest may be terminated if, within a period of 18 days after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article 12. It shall not, in any event, exceed 40 days from the date of such arrest. The possibility of provisional release at any time is not excluded, but the requested Party shall take any measures which it considers necessary to prevent the escape of the person sought.

5. Release shall not prejudice re-arrest and extradition if a request for extradition is received subsequently.

Article 17 — Conflicting requests

If extradition is requested concurrently by more than one State, either for the same offence or for different offences, the requested Party shall make its decision having regard to all the circumstances and especially the relative seriousness and place of commission of the offences, the respective dates of the requests, the nationality of the person claimed and the possibility of subsequent extradition to another State.

Article 18 — Surrender of the person to be extradited

1. The requested Party shall inform the requesting Party by the means mentioned in Article 12, paragraph 1, of its decision with regard to the extradition.

2. Reasons shall be given for any complete or partial rejection.

3. If the request is agreed to, the requesting Party shall be informed of the place and date of surrender and of the length of time for which the person claimed was detained with a view to surrender.

4. Subject to the provisions of paragraph 5 of this article, if the person claimed has not been taken over on the appointed date, he may be released after the expiry of 15 days and shall in any case be released after the expiry of 30 days. The requested Party may refuse to extradite him for the same offence.

5. If circumstances beyond its control prevent a Party from surrendering or taking over the person to be extradited, it shall notify the other Party. The two Parties shall agree a new date for surrender and the provisions of paragraph 4 of this article shall apply.

Article 19 — Postponed or conditional surrender

1. The requested Party may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he may be proceeded against by that Party or, if he has already been convicted, in order that he may serve his sentence in the territory of that Party for an offence other than that for which extradition is requested.

2. The requested Party may, instead of postponing surrender, temporarily surrender the person claimed to the requesting Party in accordance with conditions to be determined by mutual agreement between the Parties.

Article 20 — Handing over of property

1. The requested Party shall, in so far as its law permits and at the request of the requesting Party, seize and hand over property:

a. which may be required as evidence, or

b. which has been acquired as a result of the offence and which, at the time of the arrest, is found in the possession of the person claimed or is discovered subsequently.

2. The property mentioned in paragraph 1 of this article shall be handed over even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed.

3. When the said property is liable to seizure or confiscation in the territory of the requested Party, the latter may, in connection with pending criminal proceedings, temporarily retain it or hand it over on condition that it is returned.

4. Any rights which the requested Party or third parties may have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the requested Party as soon as possible after the trial.

Article 21 — Transit

1. Transit through the territory of one of the Contracting Parties shall be granted on submission of a request by the means mentioned in Article 12, paragraph 1, provided that the offence concerned is not considered by the Party requested to grant transit as an offence of a political or purely military character having regard to Articles 3 and 4 of this Convention.

2. Transit of a national, within the meaning of Article 6, of a country requested to grant transit may be refused.

3. Subject to the provisions of paragraph 4 of this article, it shall be necessary to produce the documents mentioned in Article 12, paragraph 2.

4. If air transport is used, the following provisions shall apply:

a. when it is not intended to land, the requesting Party shall notify the Party over whose territory the flight is to be made and shall certify that one of the documents mentioned in Article 12, paragraph 2.a exists. In the case of an unscheduled landing, such notification shall have the effect of a request for provisional arrest as provided for in Article 16, and the requesting Party shall submit a formal request for transit;

b. when it is intended to land, the requesting Party shall submit a formal request for transit.

5. A Party may, however, at the time of signature or of the deposit of its instrument of ratification of, or accession to, this Convention, declare that it will only grant transit of a person on some or all of the conditions on which it grants extradition. In that event, reciprocity may be applied.

6. The transit of the extradited person shall not be carried out through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race, religion, nationality or political opinion.

Article 22 — Procedure

Except where this Convention otherwise provides, the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested Party.

Article 23 — Language to be used

The documents to be produced shall be in the language of the requesting or requested Party. The requested Party may require a translation into one of the official languages of the Council of Europe to be chosen by it.

Article 24 — Expenses

1. Expenses incurred in the territory of the requested Party by reason of extradition shall be borne by that Party.

2. Expenses incurred by reason of transit through the territory of a Party requested to grant transit shall be borne by the requesting Party.

3. In the event of extradition from a non-metropolitan territory of the requested Party, the expenses occasioned by travel between that territory and the metropolitan territory of the requesting Party shall be borne by the latter. The same rule shall apply to expenses occasioned by travel between the non-metropolitan territory of the requested Party and its metropolitan territory.

Article 25 — Definition of “detention order”

For the purposes of this Convention, the expression “detention order” means any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison sentence.

Article 26 — Reservations

1. Any Contracting Party may, when signing this Convention or when depositing its instrument of ratification or accession, make a reservation in respect of any provision or provisions of the Convention.

2. Any Contracting Party which has made a reservation shall withdraw it as soon as circumstances permit. Such withdrawal shall be made by notification to the Secretary General of the Council of Europe.

3. A Contracting Party which has made a reservation in respect of a provision of the Convention may not claim application of the said provision by another Party save in so far as it has itself accepted the provision.

Article 27 — Territorial application

1. This Convention shall apply to the metropolitan territories of the Contracting Parties.

2. In respect of France, it shall also apply to Algeria and to the overseas Departments and, in respect of the United Kingdom of Great Britain and Northern Ireland, to the Channel Islands and to the Isle of Man.

3. The Federal Republic of Germany may extend the application of this Convention to the Land of Berlin by notice addressed to the Secretary General of the Council of Europe, who shall notify the other Parties of such declaration.

4. By direct arrangement between two or more Contracting Parties, the application of this Convention may be extended, subject to the conditions laid down in the arrangement, to any territory of such Parties, other than the territories mentioned in paragraphs 1, 2 and 3 of this article, for whose international relations any such Party is responsible.

Article 28 — Relations between this Convention and bilateral Agreements

1. This Convention shall, in respect of those countries to which it applies, supersede the provisions of any bilateral treaties, conventions or agreements governing extradition between any two Contracting Parties.

2. The Contracting Parties may conclude between themselves bilateral or multilateral agreements only in order to supplement the provisions of this Convention or to facilitate the application of the principles contained therein.

3. Where, as between two or more Contracting Parties, extradition takes place on the basis of a uniform law, the Parties shall be free to regulate their mutual relations in respect of extradition exclusively in accordance with such a system notwithstanding the provisions of this Convention. The same principle shall apply as between two or more Contracting Parties each of which has in force a law providing for the execution in its territory of warrants of arrest issued in the territory of the other Party or Parties. Contracting Parties which exclude or may in the future exclude the application of this Convention as between themselves in accordance with this paragraph shall notify the Secretary General of the Council of Europe accordingly. The Secretary General shall inform the other Contracting Parties of any notification received in accordance with this paragraph.

Article 29 — Signature, ratification and entry into force

1. This Convention shall be open to signature by the members of the Council of Europe. It shall be ratified. The instruments of ratification shall be deposited with the Secretary General of the Council.

2. The Convention shall come into force 90 days after the date of deposit of the third instrument of ratification.

3. As regards any signatory ratifying subsequently the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification.

Article 30 — Accession

1. The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention, provided that the resolution containing such invitation receives the unanimous agreement of the members of the Council who have ratified the Convention.

2. Accession shall be by deposit with the Secretary General of the Council of an instrument of accession, which shall take effect 90 days after the date of its deposit.

Article 31 — Denunciation

Any Contracting Party may denounce this Convention in so far as it is concerned by giving notice to the Secretary General of the Council of Europe. Denunciation shall take effect six months after the date when the Secretary General of the Council received such notification.

Article 32 — Notifications

The Secretary General of the Council of Europe shall notify the members of the Council and the government of any State which has acceded to this Convention of:

a. the deposit of any instrument of ratification or accession;

b. the date of entry into force of this Convention;

c. any declaration made in accordance with the provisions of Article 6, paragraph 1, and of Article 21, paragraph 5;

d. any reservation made in accordance with Article 26, paragraph 1;

e. the withdrawal of any reservation in accordance with Article 26, paragraph 2;

f. any notification of denunciation received in accordance with the provisions of Article 31 and by the date on which such denunciation will take effect.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention.

DONE at Paris, this 13th day of December 1957, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to the signatory governments.

First Schedule: Part II

Reservations and declarations made by the State to the EUROPEAN CONVENTION ON EXTRADITION

Declaration contained in a letter from the Ministry of External Affairs of Ireland, dated 2 May 1966, handed to the Secretary General made at the time of signature and deposit of the instrument of ratification, on the same day:

I have the honour to declare, in accordance with Article 6 of the Convention, that the term “national” in the Convention is hereby defined as meaning “citizens of Ireland” as far as my Government is concerned.

Reservation contained in the instrument of ratification, deposited on 2 May 1966:

The Irish authorities will not grant extradition if final judgment in respect of the offence for which extradition is requested has been passed in a third State on the person claimed.

Declaration made at the time of confirmation of ratification, on 12 July 1988:

A decision of the Irish Supreme Court has made it impossible for Ireland to comply with its international obligations under the European Convention on Extradition.

The Court ruled that Ireland was not bound by its ratification of a similar extradition Treaty as the approval of Dáil Éireann of the terms of that Treaty had not been obtained prior to ratification as is required by the Constitution of Ireland. The said Supreme Court decision serves as a binding precedent in all future extradition cases.

The same circumstance applies in the case of the European Convention on Extradition. Dáil approval of the terms thereof was not obtained prior to ratification of the said Convention on behalf of the Government of Ireland in 1966. Consequently, in the event of a court challenge, Ireland's ratification in 1966 is likely to be declared invalid under domestic law.

In order to rectify this position, Dáil Éireann approved the terms of the European Convention on Extradition on 29 June 1988. It is now necessary, for the purposes of domestic requirements, for the Government of Ireland to confirm the earlier ratification by way of deposit of a new instrument of ratification.

Declaration transmitted by letter from the Permanent Representative, dated 13 May 1991, registered at the Secretariat General on the same day:

The Government of Ireland, in accordance with Article 28, paragraph 3, of the European Convention on Extradition, 1957, hereby notify the Secretary General of the Council of Europe that the relations of the Government of Ireland with the Government of the United Kingdom in respect of Extradition will continue to be regulated exclusively on the basis of laws in force in their respective territories providing for the execution in the territory of either party of warrants of arrest issued in the territory of the other party.

First Schedule: Part III

List of reservations and declarations made by other Contracting Parties with respect to the EUROPEAN CONVENTION ON EXTRADITION

Albania:

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 1 of Article 2 of the Convention, the Albanian Party has no minimum limits for the term of imprisonment for the effect of extradition. The Albanian Party considers this declaration as valid only in conditions of reciprocity.

This declaration is valid only in conditions of reciprocity.

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 1, sub-paragraph a, of Article 6, the Albanian Party refuses the extradition of its nationals, unless otherwise provided in the international agreements to which Albania is a Contracting Party.

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 1, sub-paragraph b, of Article 6, the Albanian Party includes in the term “nationals” the persons with double nationality, in case either of them is Albanian.

Reservation contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 1 of Article 7, the Albanian Party does not allow the extradition of the persons who have committed offences either in the Albanian territory or outside it, when the offence has injured the interests of the State or of the nationals, unless it is otherwise agreed with the interested Party.

This declaration is valid only in conditions of reciprocity.

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 2 of Article 19, the Albanian Party declares that when a person asked to be surrendered is serving a sentence for another offence, he or she, in the event of extradition, shall be permitted to serve the full sentence in the requesting country.

This declaration is valid only in conditions of reciprocity.

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 4, sub-paragraph a, of Article 21, the Albanian Party declares that prior notification is not necessary in cases of transit by air that does not schedule a landing in Albanian territory.

Reservation contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 2 of Article 12, the Albanian Party presents the reservation that the request for extradition must be accompanied always by the original text, or authenticated copy of the applied law.

Andorra:

Declaration contained in the instrument of ratification deposited on 13 October 2000:

Article 14, paragraph 1, of the Law “qualificada” on Extradition prohibits the extradition of persons having the Andorran nationality. For the purposes of this Convention, the term “national” means any person having the Andorran nationality at the time of the commission of the facts in accordance with the provisions of the Law “qualificada” on Andorran nationality.

Declaration contained in the instrument of ratification deposited on 13 October 2000:

Article 8, paragraph 3, of the Constitution of the Principality of Andorra prohibits the death penalty. When the offence for which the extradition is requested may be punishable by death under the law of the requesting Party, the Principality of Andorra shall refuse extradition, unless the requesting Party gives such assurance as considered sufficient by the requested Party that the death penalty will not be executed.

Declaration contained in the instrument of ratification deposited on 13 October 2000:

In the case of a request for provisional arrest, the Principality of Andorra shall require, as complementary information, a short statement of the facts alleged against the person sought.

Declaration contained in the instrument of ratification deposited on 13 October 2000:

The Principality of Andorra will only grant transit when all the conditions required for the granting of extradition are fulfilled in accordance with this Convention.

Declaration contained in the instrument of ratification deposited on 13 October 2000:

The Principality of Andorra will require the requesting Party to supply a translation of the request for extradition and all accompanying documents into Catalan, Spanish or French.

Reservation contained in the instrument of ratification deposited on 13 October 2000:

The Constitution of the Principality of Andorra prohibits special courts in its Article 85, paragraph 2. Extradition shall therefore not be granted in cases if the person sought would be tried in the requesting State by a special court or if extradition is requested for the enforcement of a sentence or detention order imposed by such a court.

In the same way, and pursuant to Article 14, paragraphs 12, 13, 14 and 15 of the Law “qualificada” of the Principality of Andorra [Law which, to be passed, requires a higher majority than other laws], extradition shall not be granted:

a. when the sentence is based on a manifest error;

b. when extradition is likely to have consequences of an exceptional gravity for the person sought, particularly by reason of his or her age or state of health;

c. when the person sought would be tried in the requesting State by a tribunal which does not assure the fundamental procedural guarantees and the protection of the rights of the defence or by a tribunal created for that person's particular case, as the only person concerned or not.

Reservation contained in the instrument of ratification deposited on 13 October 2000:

The Principality of Andorra reserves itself the right to require the requesting Party to produce evidence establishing a sufficient presumption that the offence was committed by the person whose extradition is requested. Should such evidence be deemed insufficient, extradition may be refused.

Austria:

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will grant extradition also under the conditions mentioned in Article 2, paragraph 2.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will regard the time of surrender of the person claimed as decisive for the determination of nationality.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will only grant extradition of a person for an offence which, according to Austrian law, is under Austrian jurisdiction, in so far as that person will be extradited for another offence and as the condemnation of that person by the judicial authorities of the requesting State for all offences is in the interest of ascertaining the truth or useful by reason of fixing of the penalty and execution of the sentence.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will grant extradition if the person claimed was acquitted only for lack of Austrian jurisdiction, or if, only for this reason, criminal proceedings against this person have not been instituted or if instituted criminal proceedings were terminated.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

In case of a request for provisional arrest Austria also requires a short statement of the facts the person claimed is charged with.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

In any case Austria will refuse transit of Austrian nationals.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will also refuse transit because of fiscal offences in the sense of Article 5 and because of the offences mentioned in the reservation to Article 5. Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences.

Declaration contained in a letter from the Permanent Representative of Austria, dated 16 April 1985, registered at the Secretariat General on 17 April 1985:

The declaration submitted by the Republic of Austria with regard to Article 21(5) of the European Convention on Extradition of 13 December 1957, is herewith restricted to the extent that the first sentence is to be deleted.

By consequence of this restriction, this declaration shall read henceforth as follows:

“Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences.”

Reservation contained in the instrument of ratification, deposited on 21 May 1969:

Austria will not grant extradition if the person claimed is to be brought before a special court or if the extradition should lead to the execution of a sentence or a detention order inflicted by such a court.

Reservation contained in the instrument of ratification, deposited on 21 May 1969:

Austria will further grant extradition for offences which are exclusively contraventions against regulations concerning monopolies or the export, import, transit and rationing of goods only under the conditions mentioned in Article 5.

Reservation contained in the instrument of ratification, deposited on 21 May 1969:

Austria will refuse extradition requested in order to carry out death-penalty. Extradition for an offence punishable by the death under the law of the requesting Party will only be granted if the requesting State accepts the condition that a death-penalty will not be pronounced. Austria will apply the same principles in the case of sentences which are incompatible with the requirements of humanity and human dignity.

Declaration contained in a letter from the Permanent Representative dated 4 June 1991, registered at the Secretariat General on 7 June 1991:

With reference to your circular No.JJ2356C Tr./24-4 of 16 February 1990 concerning the declarations and reservations made by Portugal [Note from the Secretariat: letter from the Permanent Representative of Portugal dated 12 February 1991] in respect of the European Convention on Extradition and with reference to the declaration by the Government of the Federal Republic of Germany dated 4 February 1991, I have the honour to inform you that my Government shares the German interpretation of the matter.

Article 11 of the European Convention on Extradition provides for the possibility of refusing extradition in cases in which the offence for which extradition is requested is punishable by death under the law of the requesting party. However, the Convention does not contain a similar provision for sentences of life imprisonment.

The application of the European Convention on Extradition in respect of Portugal without the interpretation proposed by the German Government would result in a situation where extradition for a crime punishable by life imprisonment would have to be refused.

This is not compatible with the meaning and purpose of the Convention. The result of such an application would be the regular refusal of extradition for serious crimes and the authorisation of extradition for relatively minor crimes. This would be contrary to the purpose of the Convention, namely to achieve co-operation between the Contracting Parties to take international action against crime.

Declaration contained in a letter from the Permanent Representation of Austria to the Council of Europe, dated 7 January 1994, registered at the Secretariat General on 11 January 1994:

Concerning the declarations and reservations formulated by Poland with regard to the European Convention on Extradition, the Austrian Government shares the interpretation contained in the declaration of the Government of the Federal Republic of Germany, dated 11 October 1993.

The Government of Austria declares that Poland's declaration concerning Article 6, paragraph 1(b) of the European Convention on Extradition is interpreted by Austria in the same way, as meaning that persons who have been granted asylum in Poland will be placed on an equal footing with Polish nationals only in the event of a request for extradition by the persecuting State and that, in that case, such persons will not be extradited.

The declaration by Poland concerning Article 6, paragraph 1(b) is compatible with the aim and purpose of the Convention only if the extradition to a third state of persons granted asylum in Poland is not refused solely on the grounds that those persons are treated as Polish nationals.

Declaration contained in a letter from the Permanent Representative of Austria, dated 3 December 1997, registered at the Secretariat on 5 December 1997:

The Government of Austria declares that Romania's declaration concerning Article 6, paragraph 1(a) and (b) and Article 21, paragraph 5, of the Convention is interpreted by Austria in the way that persons who have been granted asylum in Romania will be placed on an equal footing with Romanian nationals only in the event of a request for extradition or transit through Romania's territory by the persecuting State and that, in that case, such persons will neither be extradited nor transited through Romania.

The declaration by Romania concerning Article 6, paragraph 1(a) and (b) and Article 21, paragraph 5, is compatible with the aim and purpose of the Convention only if the extradition or transit through Romania's territory to a third State of persons granted asylum in Romania is not refused solely on the grounds that those persons are treated as Romanian nationals.

Belgium:

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The Belgian Government considers that the reservation made by Portugal regarding Article 1, item c, is not compatible with the object of the Convention. It takes the reservation to mean that extradition shall not be granted only if, in accordance with the legislation of the requesting State, the person sentenced to life imprisonment cannot be released after a certain time, following a legal or administrative procedure.

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

Belgium considers that the rule of speciality is not applicable when the person claimed by Belgium has given, before the judicial authority of the requested State, his or her explicit consent to be prosecuted and punished on whatever count if this possibility is provided for in the legislation of the latter State. If, on the other hand, the extradition is requested from Belgium, it considers that, when the person to claimed has formally renounced to the formalities and guarantees of extradition, the rule of speciality shall no longer apply.

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

Belgium considers that the exception provided for by Article 15 is extended, in the event that the person surrendered to Belgium has renounced to the speciality of extradition according to the legislation of the requested Party.

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The Belgian Government will allow transit through its territory on the same conditions on which extradition is granted.

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

If the request for extradition and the documents to be produced are in the language of the requesting Party and this language is neither Dutch, French, nor German, they must be accompanied by a translation into French.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

Belgium reserves the right not to grant extradition if the person claimed could be brought before a court of special jurisdiction, or if the extradition is requested for the execution of a sentence rendered by such a court.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

Extradition will not be granted when the surrender might have consequences of an exceptional gravity for the person claimed, in particular on account of his or her age or health.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The obligation to release after the expiry of 30 days provided for by Article 18, paragraph 4, will not be applicable in the event that the person claimed has introduced an appeal against the decision to extradite or concerning the legality of the detention.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The Government of the Kingdom of Belgium will grant the temporary surrender provided for by Article 19, paragraph 2, only if it concerns a person who serves a sentence on its territory and if particular circumstances require it.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

By reason of the special arrangements between the Benelux countries, the Belgian Government does not accept Article 28, paragraphs 1 and 2, in respect of its relations with the Kingdom of the Netherlands and the Grand Duchy of Luxembourg.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The Belgian Government reserves the right to derogate from these provisions in respect of its relations with the other member States of the European Community.

Bulgaria:

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

Extradition may be refused if the person proceeded against is to be tried by a special court in the requesting state or if a sentence delivered by such a court will be executed against that person.

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

Extradition for military offences which are also offences under ordinary law may be granted solely on condition that the person extradited will not be tried by a military court or accused of a military offence.

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares that it will recognise as a national for the purposes of the convention any person having Bulgarian nationality at the time of the extradition order.

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares its right to refuse extradition if the requesting party refuses extradition in similar cases, in accordance with Article 7, paragraph 2.

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares its right to require that the requesting party submit evidence that the offence was committed by the person whose extradition is requested. If it considers the evidence submitted to be inadequate, it may refuse extradition.

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares that it will allow transit on the same conditions on which extradition is granted.

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares that it will require that documents submitted in execution of the present Convention be accompanied by a translation into one of the official languages of the Council of Europe.

Croatia:

Declaration contained in the instrument of accession, deposited on 25 January 1995:

Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian citizens.

Consequently, the Republic of Croatia will not allow any extradition of its own citizens.

Declaration contained in the instrument of accession, deposited on 25 January 1995:

Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian citizens.

Consequently, the Republic of Croatia will not allow any transit (Article 21, paragraph 2, of the Convention) of its own citizens.

Declaration contained in the instrument of accession, deposited on 25 January 1995:

The “nationality” of a person being requested for extradition will be considered in terms of the time when the criminal act was committed and in compliance with the regulations of the Republic of Croatia regarding citizenship (Article 6, paragraph 1(b), of the Convention).

Declaration contained in the instrument of accession, deposited on 25 January 1995:

The Republic of Croatia will approve the transit of a person only under the conditions applying to extradition (Article 21, paragraph 5, of the Convention).

Cyprus:

Declaration made at the time of signature, on 18 September 1970:

The Government of the Republic of Cyprus declares that under Article 11.2.f. of the Constitution of the Republic no extradition of citizens of the Republic can be made. The provisions, therefore, of this Article, as far as the Republic of Cyprus is concerned, should be restricted to extradition of aliens.

Declaration made at the time of signature, on 18 September 1970:

The Government of the Republic of Cyprus declares that so long as under its Constitution no extradition of citizens of the Republic is allowed (cf. declaration in respect of Article 1) the term “nationals” within the meaning of the Convention, as far as the Republic of Cyprus is concerned, should mean “citizens of the Republic of Cyprus or persons who, under the provisions relating to citizenship of the Republic in force for the time being, would be entitled to become citizens of the Republic”.

Furthermore, under the provisions of the Criminal Code of Cyprus citizens of the Republic may be prosecuted in Cyprus, for offences committed in a foreign country punishable with death or imprisonment exceeding two years if the act or omission constituting the offence is also punishable by the law of the country where it was committed.

Declaration made at the time of signature, on 18 September 1970:

Under the Criminal Code of Cyprus in the case of citizens of the Republic committing an offence in a foreign country punishable under the Law of Cyprus with death but not so punishable under the law of the foreign country the death penalty is not imposed in the Republic but such citizen is punishable with any other punishment up to imprisonment for life.

Declaration made at the time of signature, on 18 September 1970:

With regard to citizens of the Republic the same declaration is made in respect of Articles 1 and 6.

Czech Republic:

Declaration contained in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 13 February 1992, handed over to the Secretary General at the time of signature on 13 February 1992, confirmed in the instrument of ratification deposited on 15 April 1992 and in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 15 April 1992 handed over to the Secretary General at the time of deposit of the instrument of ratification, and confirmed in a letter from the Minister for Foreign Affairs of the Czech Republic dated 1 January 1993, registered at the Secretariat General on 2 January 1993:

Under the terms of the Article 21.5, the transit of a person within the meaning of Article 21 will be granted only on conditions applied in cases of extradition.

Denmark:

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Extradition may be granted on condition that the person charged with an offence shall not be proceeded against before a special court. Extradition may be refused if its object is the execution of a sentence pronounced by such a court.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Extradition may be refused if it is liable to have particularly serious consequences for the person claimed on account of his age, state of health or other personal reasons.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Extradition may be refused if the competent authorities of a third State have, by a final judgment, either acquitted or convicted the person concerned in respect of the offence giving rise to the request for extradition, of if the competent authorities of a third State have decided to waive or to discontinue proceedings in respect of the same offence.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

The obligation to grant extradition shall be restricted to offences which, under the Danish penal code, are punishable by a penalty more severe than imprisonment for one year or simple detention.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

A decision as to whether, in a given instance, the taking or attempted taking of the life of a Head of State or a member of his family is to be deemed a political offence shall be made after consideration of the facts of the case.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Extradition for a military offence which is also a civil offence may only be granted provided the extradited person is not convicted under military law.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Where seemingly indicated by special circumstances, the Danish authorities may require the requesting country to produce evidence establishing a sufficient presumption of guilt on the part of the person concerned. Should such evidence be deemed insufficient, extradition may be refused.

Declaration contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

The term “national” means in Denmark a national of Denmark, Finland, Iceland, Norway or Sweden, or a person domiciled in one of those countries.

Declaration contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

The Convention will not apply to Denmark's relations with Norway and Sweden, extradition between the Scandinavian countries being governed by uniform legislation.

Estonia:

Declaration contained in the instrument of ratification, deposited on 28 April 1997:

Pursuant to Article 6, paragraph 1, sub-paragraph (b) of the Convention the Republic of Estonia declares that the term “national” within the meaning of this Convention means nationals of the Republic of Estonia.

Declaration contained in the instrument of ratification, deposited on 28 April 1997:

Pursuant to Article 6, paragraph 1, sub-paragraph (a) of the Convention, the Republic of Estonia reserves the right to refuse extradition of one of her own nationals, if the national has not consented to it.

Declaration contained in the instrument of ratification, deposited on 28 April 1997:

Pursuant to Article 23 of the Convention, the Republic of Estonia declares that requests and their annexes presented to the Republic of Estonia shall be accompanied by a translation into English.

Finland:

Declaration contained in a letter from the Embassy of Finland in France, dated 12 May 1971, handed to the Secretary General at the time of deposit of the instrument of accession, on the same day:

Within the meaning of this Convention the term “nationals” shall denote nationals of Finland, Denmark, Iceland, Norway and Sweden as well as aliens domiciled in these States.

Declaration contained in a letter from the Embassy of Finland in France, dated 12 May 1971, handed to the Secretary General at the time of deposit of the instrument of accession, on the same day:

The Convention shall not apply to extradition for offences between Finland, Denmark, Iceland, Norway and Sweden because extradition between these States is governed by uniform legislation.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

Finland reserves the right, when granting extradition, to stipulate that the extradited person shall not be prosecuted for the offence in question in a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences. Extradition requested for the execution of a sentence rendered by such special court may be refused.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

Finland reserves the right to refuse extradition, if extradition on account of the age, the state of health or any other condition affecting the individual in question or on account of special conditions would be unreasonable for human reasons.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

The obligation to extradite mentioned in paragraph 1 of the Article 2 shall be restricted to offences which, under Finnish law, are punishable by a penalty more severe than imprisonment for one year. A person sentenced in a foreign State for such offence may be extradited only, if the term not yet served is deprivation of liberty for at least four months.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

Finland reserves the right to regard the offence mentioned in paragraph 3 of this Article 3 as a political offence, if such offence has been committed in open fight.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

Where a military offence also comprises an offence in respect of which extradition otherwise is permissible, Finland reserves the right to stipulate that the extradited person shall not be punished under a provision pertaining to military offences.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

If the person taken into custody, whose extradition has been granted, has not been taken over by the requesting State on the date appointed, Finland reserves the right to release him immediately.

France:

Reservation contained in the instrument of ratification. deposited on 10 February 1986:

Extradition shall not be granted if the person sought would be tried in the requesting State by a tribunal which does not assure the fundamental procedural guarantees and the protection of the rights of the defence or by a tribunal created for that person's particular case or if extradition is requested for the enforcement of a sentence or detention order imposed by such a tribunal.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

Extradition may be refused if surrender is likely to have consequences of an exceptional gravity for the person sought, particularly by reason of his age or state of health.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

Concerning persons prosecuted, extradition shall only be granted in respect of offences which, under French law and under the law of the requesting State, are punishable by deprivation of liberty or by a detention order for a maximum period of at least two years.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

With regard to punishments which are more severe than deprivation of liberty or detention orders, extradition may be refused if these punishments or detention orders are not provided for in the scale of punishments applicable in France.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

France reserves the right, in the light of the individual circumstances of each case, to appreciate if the taking or attempted taking of the life of a Head of State or a member of his family is to be deemed or not a political offence.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

France declares that for offences in connection with taxes, duties, customs and exchange, extradition shall be granted to the requesting State if it has been so decided by a simple exchange of letters in each category of case.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

Extradition shall be refused when the person sought had French nationality at the time of the alleged offence.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

France will require that any new description of an offence relates to the same facts as those for which extradition was granted and that this new description does not imply the application of a penalty for which extradition could be refused.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

In the case of a request for provisional arrest, France shall require a short memorandum of the facts alleged against the person sought.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

France reserves the right not to grant transit except on the same conditions as those on which it grants extradition.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

France declares that it will request a translation of the requests for extradition and documents annexed thereto into one of the official languages of the Council of Europe and that it chooses French.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

The Government of the French Republic declares that, with respect to France, the Convention applies to the European and overseas departments of the Republic.

Germany:

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

Extradition of Germans from the Federal Republic of Germany to a foreign country is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case. The term “nationals” within the meaning of Article 6, paragraph 1b., of the European Convention on Extradition covers all Germans within the meaning of Article 116, paragraph 1, of the Basic Law for the Federal Republic of Germany.

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

In a case of transit under Article 21 of the European Convention on Extradition Article 11 of the Convention will be applied mutatis mutandis.

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

Transit of a German through the territory of the Federal Republic of Germany is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case.

Reservation made at the time of deposit of the instrument of ratification, on 2 October 1976:

Where transit is to be effected by air through the territory of the Federal Republic of Germany without any intention to land, an assurance will be required to the effect that, according to the facts known to the requesting Party and the documents in its possession, the extradited person is not a German and does not claim such status.

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

Where the request for extradition and the documents to be produced are not in the German language they must be accompanied by translations of the request and the documents into the German language or into one of the official languages of the Council of Europe.

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

The European Convention on Extradition shall also apply to Land Berlin with effect from the date on which it will enter into force for the Federal Republic of Germany.

Reservation made at the time of deposit of the instrument of ratification, on 2 October 1976:

A request for the extradition of a national of the French Republic, of the United Kingdom of Great Britain and Northern Ireland, or of the United States of America from Land Berlin may be complied with only after the Berlin Commandant of the armed forces of the State concerned has agreed.

Declaration contained in a letter from the Permanent Representation dated 4 February 1991, registered at the Secretary General on 5 February 1991:

The Government of the Federal Republic of Germany considers Portugal's reservation (under item c) to Article 1 of the Convention to be compatible with the object and purpose of the Convention only if refusal to grant extradition for offences punishable by a life-long sentence or detention order is not absolute. It takes the reservation to mean that the only circumstance in which extradition will not be granted is where there is no possibility under the law of the requesting state for the person sentenced to life imprisonment, having completed a certain proportion of the sentence or period of detention, to obtain a judicial review of his case with a view to having the remainder of the sentence commuted to probation.

Declaration contained in a Note Verbale from the Permanent Representation dated 11 October 1993 registered at the Secretariat General on 13 October 1993:

The Federal Republic of Germany considers the placing of persons granted asylum in Poland on an equal standing with Polish nationals in Poland's declaration with respect to Article 6, paragraph 1 (a) of the Convention to be compatible with the object and purpose of the Convention only with the provision that it does not exclude extradition of such persons to a state other than that in respect of which asylum has been granted.

Greece:

Declaration made at the time of deposit of the instrument of ratification, on 29 May 1961:

The provisions of Article 6 will be applied subject to the application of Article 438 (a) of the Greek Code of Criminal Procedure, which prohibits extradition of nationals of the requested Party.

Article 438 of the Greek Code of Criminal Procedure will also be applied in relation to paragraph 1 (c). Under that Article, the date of commission of the offence will on no account be taken into consideration in establishing the nationality of the wanted person.

Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961:

Paragraph 1 of Article 7 will be applied subject to the provisions of Article 438(b) of the Greek Code of Criminal Procedure.

Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961:

Article 437 (1) of the Greek Code of Criminal Procedure will continue to be applied in place of Article 11 of the Convention. Under that clause, extradition of a foreign national for an offence punishable by death under the law of the requesting Party is authorised only if Greek criminal law prescribes the same penalty for the offence in question.

Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961:

The last sentence of Article 18 (4) of the Convention is accepted, with the addition of the following clause from Article 454 of the Greek Code of Criminal Procedure: “provided that the new request is based on the same facts”.

Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961:

This Article is accepted subject to the provisions of Article 441 of the Greek Code of Criminal Procedure.

Hungary:

Reservation contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary will not grant extradition if the person sought is to be brought before a special court or if the extradition should lead to the enforcement of a sentence or detention order inflicted by such a court.

Reservation contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health, or any other condition affecting the individual in question, having regard also to the nature of the offence and the interests of the requesting State.

Declaration contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

The provisions of Article 6 paragraph 1.a of the Peace Treaty concluded in Paris on 10 February 1947 notwithstanding, Hungary will not grant extradition of its own nationals.

Declaration contained in a Note Verbale registered at the Secretariat General on 25 February 1999:

Notwithstanding the provisions of Article 6, paragraph 1.a, of the Peace Treaty concluded in Paris on 10 February 1947, Hungary will not grant extradition of its own nationals, except in the case where the person sought for extradition is also a citizen of another State and has his permanent residence in a foreign State. Irrespective of his permanent residence and his incidental other citizenship, a Hungarian citizen may be transferred to another State, if the extradition of such a person to Hungary was granted under the condition that, following completion of the criminal proceedings or the execution of the sentence against him, he would be transferred back to that State for the purposes of fulfilling the request for extradition.

Reservation contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary will refuse extradition if it is requested to carry out death penalty or to prosecute a person charged with an offence punishable by death penalty. However, extradition may be granted in respect of an offence punishable by death penalty under the law of the requesting State, if that State accepts, that death penalty, if pronounced, will not be executed.

Declaration contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

In case of request for provisional arrest Hungary also requires a short statement of the facts the person claimed is charged with.

Declaration contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary will refuse transit of its own nationals and of persons settled definitively in Hungary.

Declaration contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary declares that it will require a translation of the request for extradition and documents annexed thereto into either Hungarian, or any of the official languages of the Council of Europe, if they are not drawn up in these languages.

Reservation contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary reserves the right to refuse extradition of persons settled definitively in Hungary.

Iceland:

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

When granting extradition, Iceland reserves the right to stipulate that the extradited person may not be summoned to appear before a provisional court or a court empowered under exceptional circumstances to deal with such offences, as well as the right to refuse extradition for the execution of a sentence rendered by such special court.

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

Extradition may be refused if it is liable to have particularly serious consequences for the person claimed on account of his age, state of health or other personal circumstances.

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

Iceland can grant extradition in respect of an offence, or corresponding offence, which under Icelandic law is punishable, or would have been punishable, with imprisonment for more than one year.

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

Iceland reserves the right, in light of individual circumstances, to consider the offence described in paragraph 3 of Article 3 as a political offence.

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

Extradition for a military offence which is also an offence under ordinary criminal law may only be granted provided the extradited person is not convicted under military law.

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

Iceland reserves the right to require the requesting Party to produce evidence establishing that the person claimed has committed the offence for which extradition is requested. Extradition may be refused if the evidence is found to be insufficient.

Declaration contained in a letter from the Permanent Representative of Iceland, handed to the Secretary General at the time of deposit of the instrument of ratification, on 20 June 1984:

Within the meaning of the Convention the term “nationals” means a national of Iceland and a national of Denmark, Finland, Norway or Sweden or a person domiciled in Iceland or other aforementioned countries.

Declaration contained in a letter from the Permanent Representative of Iceland, handed to the Secretary General at the time of deposit of the instrument of ratification, on 20 June 1984:

The Convention shall not apply to extradition to Denmark, Finland, Norway or Sweden as extradition between the Nordic countries is governed by a uniform law.

Israel:

Declaration contained in the instrument of accession, deposited on 27 September 1967:

Israel will only grant transit of a person if, were the receiving State requesting the extradition of the wanted person from Israel, there would be no legal bar to declaring him subject to extradition and extraditing him.

Declaration contained in the instrument of accession, deposited on 27 September 1967:

The evidence in writing, or the declarations given on oath or not, or certified copies of such evidence or declarations, and the warrant of arrest and the other legal documents establishing the fact of the conviction, shall be admitted as valid evidence in examining the request for extradition, if they have been signed by a judge or official of the requesting State or if they are accompanied by a certificate issued by such a judge or official or if they have been authenticated by the seal of the Ministry of Justice.

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Israel will not grant extradition of any person unless he is accused or has been convicted in the requesting State of an offence which, had it been committed in Israel, would be one of the following offences:

(a) Any offence for which the death penalty or imprisonment for a period exceeding three years may be imposed (even if the penalty is lighter where the sentence is passed by a magistrate's court), except:

1. an offence with which a person can only be charged if at the time of committing it he is a soldier within the meaning of the Military Justice Law, 5715-1955;

2. offences under Section 85 of the Criminal Code Ordinance, 1936 (preventing by force or obstructing notification or presence of a competent police officer in the event of a riotous assembly or riot) or under the Penal Law Amendment (Bigamy) Law, 5719-1959 (bigamy);

3. offences under the Penal Law Amendment (Assault on Police Officers) Law, 5712-1952, or under any of the laws specified in the Schedule to the Prevention of Profiteering and Speculation (Jurisdiction) Law, 5711-1951 (various laws, regulations and bye-laws regulating subleasing and accommodation of guests, and the distribution, prices and control of the sale of foodstuffs).

(b) An offence the penalty for which is lighter than above specified and which is an offence under the Penal Law Amendment (Bribery) Law, 5712-1952, or under any of the following sections of the Criminal Code Ordinance, 1936:88 (riotously preventing the sailing of a ship), 109B, 110-115 (various offences relating to abuse of office by public servants), 120-122, 124 (false swearing, deceiving witnesses, destroying evidence, conspiracy to defeat justice and interference with witnesses), 140 (fraud by public officers), 146 (insult to religion), 156, 158, 159 (intercourse by husband with girl under 15 years, indecency without force and indecent act upon person under 16 years), 161d. (sodomy), 185, 186 (neglect in the supply of food etc. to, and desertion of children), 195 (spread of dangerous infection or disease), 218 (homicide by carelessness), 242, 250 (assault causing bodily harm), 261, 262 (compulsory labour and false imprisonment), 270 (theft), 304 b. and c. (defrauding of creditors), 305 (conspiracy to defraud the public), 310 (receiving property fraudulently obtained), 350 (imitation of banknotes), 359, 360, 363-366 (counterfeiting), or under the Penal Law Amendment (Deceit, Blackmail and Extortion) Law, 5723-1963 (deceit and forgery).

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Israel will not grant extradition of a person charged with an offence unless it is proved in a court in Israel that there is evidence which would be sufficient for committing him to trial for such an offence in Israel.

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Israel will not accede to a request for extradition if the wanted person has been pardoned, or has had his punishment remitted, in the requesting State in respect of the criminal act in question.

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Israel will not grant extradition in departure from the rule of speciality except:

a. if the wanted person has in his absence been declared subject to extradition also in respect of the other offence after he was given an opportunity to be represented in the proceedings aimed at such declaration;

b. upon condition that the wanted person will not be proceeded against, sentenced or detained with a view to carrying out sentence unless, having left the requesting State after his extradition, he voluntarily returned to it, or unless he failed to leave the requesting State within 60 days after being given an opportunity to do so.

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Article 15 shall be read as if the words “60 days” replaced the words “45 days” in Article 14, paragraph 1 b.

Declaration contained in a letter from the Ambassador of Israel in Charge of Relations with the Council of Europe, dated 2 December 1997, registered at the Secretariat General on 5 December 1997:

In regard to Article 23 of the Convention, the Government of the State of Israel requests that the documents to be produced by the requesting Party be translated into English or Hebrew.

Italy:

Reservation made at the time of signature, on 13 December 1957, and confirmed at the time of deposit of the instrument of ratification, on 6 August 1963:

Italy makes the express reservation that it will not grant the extradition of persons wanted for the carrying out of a detention order unless:

a. all the criteria laid down in Article 25 are fulfilled in each case;

b. the said detention order is expressly provided for under the criminal law of the requesting Party as being a necessary consequence of an offence.

Declaration made at the time of signature, on 13 December 1957, and confirmed at the time of deposit of the instrument of ratification, on 6 August 1963:

Italy declares that it will not, under any circumstances, grant extradition in respect of offences punishable by death under the law of the requesting Party.

Latvia:

Declaration contained in a Note Verbale from the Minister of Foreign Affairs of Latvia dated 17 April 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 2 May 1997:

In pursuance of paragraph 1 of Article 6 of the Convention on Extradition of 1957, the Republic of Latvia defines that within the meaning of this Convention, the term “nationals” relates to the citizens of the Republic of Latvia and non-citizens who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens of Latvia or any other State.

Liechtenstein:

Reservation contained in the instrument of accession, deposited on 28 October 1969:

Extradition is on principle granted by the Principality of Liechtenstein only on the condition that the person against whom proceedings are being taken for an offence be tried by the ordinary courts of the requesting State. It therefore reserves the right to grant extradition only on condition that the requesting State gives adequate assurances in that respect.

Declaration contained in the instrument of accession, deposited on 28 October 1969:

The Government of the Principality of Liechtenstein declares that Liechtenstein law does not permit extradition of Liechtenstein nationals. Once they have entered the territory of the Principality, they will be tried by the Liechtenstein authorities under Liechtenstein criminal law (paragraph 36 of the Penal Code) for offences committed abroad, whatever the laws of the country where the offence was committed. ‘Nationals’ within the meaning of the Convention are persons possessing Liechtenstein nationality.

Reservation contained in the instrument of accession, deposited on 28 October 1969:

The Principality of Liechtenstein reserves the right to apply Article 11 by analogy where the requesting State does not give the Liechtenstein authorities adequate assurances that it will not impose any penalty or measure contrary to Liechtenstein law or which offends against the principle of inviolability of the person in a way which is incompatible with Liechtenstein law.

Reservation contained in the instrument of accession, deposited on 28 October 1969:

The Principality of Liechtenstein reserves the right to refuse transit through its territory even where the offence with which the accused party is charged is covered by Article 5 of the Convention.

Declaration contained in the instrument of accession, deposited on 28 October 1969:

The Principality of Liechtenstein requires that requests and the documents to be produced which are written in a language other than German must be accompanied by a translation into that language.

Lithuania:

Reservation contained in the instrument of ratification deposited on 20 June 1995:

Extradition shall be granted only under the condition that any person suspected of having committed a crime will be not tried in a special court of the requesting Party.

Reservation contained in the instrument of ratification deposited on 20 June 1995:

The Republic of Lithuania reserves the right not to grant extradition if the said person, on the grounds of his/her health, age or personal motivation, would be adversely affected by this extradition.

Reservation contained in the instrument of ratification deposited on 20 June 1995:

The Republic of Lithuania reserves its right referred to in Article 3 of the Convention to decide in each particular case whether acts referred to in Article 3, paragraph 3, of the Convention are regarded as being a political offence.

Declaration contained in the instrument of ratification deposited on 20 June 1995:

The term “nationals” means persons having Lithuanian nationality under the Law of the Lithuanian nationality (Citizenship Law). According to Article 6 of the Law on Lithuanian nationality (Citizenship Law), the Republic of Lithuania does not extradite its nationals to foreign countries. All requests for extradition of Lithuanian nationals shall be refused.

Declaration contained in the instrument of ratification deposited on 20 June 1995:

Written requests for extradition can be exchanged between the Ministry of Justice or the Prosecutor General's Office of the requesting Party and the Lithuanian Ministry of Justice or Prosecutor General's Office. The use of diplomatic channels is not excluded.

Declaration contained in the instrument of ratification deposited on 20 June 1995:

In no case shall the Republic of Lithuania grant transit in respect of Lithuanian nationals.

Declaration contained in the instrument of ratification deposited on 20 June 1995:

Requests for extradition (including documents in support of the request) have to be accompanied by proper translations in Lithuanian, English, French, Russian or German if these documents are not produced in one of these languages.

Luxembourg:

Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg reserves the right not to grant extradition requested for the purpose of executing a judgment pronounced by default against which no remedy remains open, if such extradition might have the effect of subjecting the person claimed to a penalty without his having been enabled to exercise the rights of defence prescribed in Article 6.3.c. of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health.

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg will not grant extradition of its own nationals.

Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg will not grant transit of its own nationals.

Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg reserves the right not to grant extradition when, in accordance with Article 7(2), the requesting State would be authorised to refuse extradition in like cases.

Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg will not grant extradition if it is satisfied that final judgment for the offence for which extradition is requested has been passed on the person claimed by the competent authorities of a third State and, in the event of conviction for that offence, the convicted person is serving his sentence, has already served it or has been dispensed from serving it.

Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

By reason of the special arrangements between the Benelux countries, the Government of the Grand Duchy of Luxembourg does not accept Article 28.1 and 2 in respect of its relations with the Netherlands and Belgium.

Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg reserves the right to derogate from these provisions in respect of its relations with the other member States of the European Community.

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg declares that so far as the Grand Duchy of Luxembourg is concerned, “nationals” for the purposes of the Convention are to be understood as meaning persons of Luxembourg nationality as well as foreigners integrated into the Luxembourg community in so far as they can be prosecuted within Luxembourg for the act in respect of which extradition is requested.

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg will not grant temporary extradition under Article 19.2 save of a person who is serving a sentence in its territory and if necessitated by special circumstances.

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg reserves the right not to grant transit except on the same conditions on which it grants extradition.

Malta:

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to grant a request for the extradition of a person accused of an offence only where the court of committal is satisfied, after hearing any evidence tendered in support of the request for the return of that person or on behalf of that person, that the evidence would be sufficient to warrant his trial for that offence if it had been committed within the jurisdiction of the Courts of Criminal Justice of Malta. A person convicted of an offence in his absence shall be treated as a person accused of that offence.

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right, when granting extradition, to stipulate that the extradited person shall not be prosecuted for the offence in question in a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences. Extradition requested for the execution of a sentence rendered by such special court may be refused.

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to apply the Convention in accordance with Section 20 of Chapter 276 of the laws of Malta (The Extradition Act, 1978) which section reads as follows:

“On an appeal made to the Court of Criminal Appeal or an application for redress to the Constitutional Court under Section 46 of the Constitution of Malta, either of the said Courts may, without prejudice to any other jurisdiction, order the person committed to be discharged from custody if it appears to such Court that,

(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or

(b) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

(c) because the accusation against him is not made in good faith in the interests of justice, it would, having regard to all circumstances, be unjust or oppressive to return him.”

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to apply paragraph 3 of this Article in accordance with Section 10(5) of the Extradition Act which reads as follows:

“For the purposes of this section, an offence against the life or person of a Head of State, or any related offence described in subsection (3) of Section 5 of this Act, shall not necessarily be deemed to be an offence of a political character.”

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to apply this Article in accordance with the rule of “Non bis in idem” as laid down in Section 527 of the Criminal Code (Chapter 9 of the Laws of Malta) which reads as follows:

“Where in a trial, judgement is given acquitting the person charged or accused, it shall not be lawful to subject such person to another trial for the same fact.”

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to apply the provisions set out in paragraphs 4 and 5 of this Article in accordance with Section 24 of the Extradition Act (Chapter 276 of the Laws of Malta) which reads as follows:

“(1) If any person committed to await his return is in custody in Malta under this Act after the expiration of the following period that is to say—

(a) in any case, the period of two months beginning with the first day on which, having regard to subsection (2) of Section 21 of this Act, he could have been returned;

(b) where a warrant for his return has been issued under Section 21 of this Act, the period of one month beginning with the day on which that warrant was issued—

he may apply to the Court of Criminal appeal, sitting as a court of appeal from judgments of the Court of Judicial Police, for his discharge.

(2) If upon any such application the court is satisfied that reasonable notice of the proposed application has been given to the Minister, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody, and if a warrant for his return has been issued under the said section quash that warrant.”

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to grant such transit under this Article only in so far as transit is permissible under its own laws.

Moldova:

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova will refuse to grant extradition in cases where the person claimed is to be tried on the territory of the requesting Party by a special court (set up for a specific case) or where extradition is requested in order to carry out a sentence or detention order handed down by such a court.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova reserves the right, where circumstances so dictate, to determine whether the taking or attempted taking of the life of a Head of State or a member of his or her family shall or shall not constitute a political offence.

Declaration contained in the instrument of ratification deposited on 2 October 1997:

By virtue of Article 17, paragraph 3 of the Constitution of the Republic of Moldova, the citizens of the Republic of Moldova may not be extradited or expelled from the country.

The term “nationals” within the meaning of Article 6, paragraph 1(b) covers all individuals having the nationality of the Republic of Moldova in conformity with its legislation.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova reserves the right not to grant extradition when, in accordance with Article 7, paragraph 2, the requesting Party would refuse extradition in similar cases.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova will not grant extradition if a final judgment has been passed by a third State upon the person claimed in respect of the offence or offences for which extradition is requested.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

In derogation of Article 9 (first sentence), the Republic of Moldova may grant extradition if the requesting State can show that new facts or evidence justify a reopening of the case.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova asks that any request addressed to it in pursuance of Article 16, paragraph 2, contain a brief description of the offence alleged against the person claimed, including the essential particulars by which the nature of the offence can be appraised in accordance with the present Convention.

Declaration contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova reserves the right to authorise transit only under the conditions provided for in respect of extradition.

Declaration contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova declares that requests for extradition and documents appended thereto must be in Moldovan or in one of the official languages of the Council of Europe, or translated into one of these languages.

Netherlands:

Declaration made at the time of signature, on 21 January 1965:

Having regard to the equality existing in public law between the Netherlands, Surinam [Note from the Secretariat: Surinam became independent on 25 November 1975] and the Netherlands Antilles, the term “metropolitan territories” used in paragraph 1 of Article 27 of the present Convention, no longer has its original sense in relation to the Kingdom of the Netherlands and consequently shall be deemed to signify, so far as concerns the Kingdom, “European territory”.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

The Netherlands Government reserves the right not to grant extradition requested for the purpose of executing a judgment pronounced by default against which no remedy remains open, if such extradition might have the effect of subjecting the person claimed to a penalty without his having been enabled to exercise the rights of defence prescribed in Article 6(3)c. of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

The Netherlands Government reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

The Netherlands Government reserves the right not to grant extradition when, in accordance with Article 7(2), the requesting State would be authorised to refuse extradition in like cases.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

The Netherlands Government will not grant extradition if it is satisfied that final judgment for the offence for which extradition is requested has been passed on the person claimed by the competent authorities of a third State and, in the event of conviction for that offence, the convicted person is serving his sentence, has already served it or has been dispensed from serving it.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

By reason of the special arrangements between the Benelux countries, the Netherlands Government does not accept Article 28(1) and (2) in respect of its relations with the Kingdom of Belgium and the Grand Duchy of Luxembourg.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

The Netherlands Government reserves the right to derogate from these provisions in respect of its relations with the other member States of the European Community

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 February 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 14 February 1969:

The Netherlands Government will not grant extradition of its own nationals. As regards the Netherlands, “nationals” for the purposes of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Netherlands for the act in respect of which extradition is requested.

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 February 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 14 February 1969:

The Netherlands Government will not grant transit of its own nationals. As regards the Netherlands, “nationals” for the purposes of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Netherlands for the act in respect of which extradition is requested.

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 February 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 14 February 1969:

The Netherlands Government will not grant temporary extradition under Article 19(2) save of a person who is serving a sentence in its territory and if necessitated by special circumstances.

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 February 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 14 February 1969:

The Netherlands Government reserves the right not to grant transit except on the same conditions on which it grants extradition.

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986:

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.

List of Conventions referred to by the Declaration

.....

24 European Convention on Extradition

.....

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 14 October 1987, registered at the Secretariat General on 15 October 1987:

The Government of the Kingdom of the Netherlands will not permit the transit of Netherlands nationals for the purposes of the enforcement of penalties or other measures.

The present declaration will enter into force on 1 January 1988.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 14 October 1987, registered at the Secretariat General on 15 October 1987:

The Government of the Kingdom of the Netherlands will not permit the extradition of Netherlands nationals for the purposes of the enforcement of penalties or other measures.

However, Netherlands nationals may be extradited for purposes of prosecution if the requesting State provides a guarantee that the person claimed may be returned to the Netherlands to serve his sentence there if, following his extradition, a custodial sentence other than a suspended sentence or a measure depriving him of his liberty is imposed upon him.

As regards the Kingdom of the Netherlands, “nationals” for the purpose of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Kingdom of the Netherlands for the act in respect of which extradition is requested.

The present declaration will enter into force on 1 January 1988.

Declaration contained in a Note Verbale from the Permanent Representation dated 4 October 1993 registered at the Secretariat General on 8 October 1993:

On 8 and 29 July 1993 the Governments of the Kingdom of the Netherlands and the Kingdom of Sweden exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 October 1993.

Declaration contained in a Note Verbale from the Permanent Representation dated 3 November 1993 registered at the Secretariat General on 10 November 1993:

On 30 June and 29 September 1993 the Governments of the Kingdom of the Netherlands and the Principality of Liechtenstein exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangements will enter into force on 1 December 1993.

Declaration contained in a Note Verbale from the Permanent Representation, dated 9 December 1993, registered at the Secretariat General on 14 December 1993:

On 20 and 28 October 1993 the Governments of the Kingdom of the Netherlands and Switzerland exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 January 1994.

Declaration contained in a Note Verbale from the Permanent Representation, dated 9 December 1993, registered at the Secretariat General on 14 December 1993:

On 20 September and 22 November 1993 the Governments of the Kingdom of the Netherlands and the Grand-Duchy of Luxembourg exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 February 1994.

Declaration contained in a Note Verbale from the Permanent Representation, dated 3 January 1994, registered at the Secretariat General on 4 January 1994:

On 30 July and 2 December 1993 the Governments of the Kingdom of the Netherlands and France exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 March 1994.

Declaration contained in a Note Verbale from the Permanent Representation dated 31 January 1994, registered at the Secretariat General on 2 February 1994:

On 8 June and 21 December 1993 the Governments of the Kingdom of the Netherlands and Italy exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 30 December 1993.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 March 1994, registered at the Secretariat General on 11 March 1994:

On 19 January and 3 February 1994 the Governments of the Kingdom of the Netherlands and of Turkey exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba.

The arrangement will enter into force on 1 May 1994.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 March 1994, registered at the Secretariat General on 11 March 1994:

On 20 January and 4 February 1994 the Government of the Kingdom of the Netherlands and the Government of Denmark exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba.

The arrangement will enter into force on 1 May 1994.

Declaration contained in a Note Verbale from the Permanent Representation, dated 18 May 1994, registered at the Secretariat General on 20 May 1994:

On 26 January and 18 February 1994 the Governments of the Kingdom of the Netherlands and of Norway exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 May 1994.

Declaration contained in a Note Verbale from the Permanent Representation, dated 18 May 1994, registered at the Secretariat General on 20 May 1994:

On 3 August 1993 and 3 March 1994 the Governments of the Kingdom of the Netherlands and of Cyprus exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 May 1994.

This arrangement will enter into force on 1 June 1994.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 12 December 1994, registered at the Secretariat General on 15 December 1994:

For the sake of clearness, the following clause is added to the declaration made on 15 October 1987:

(... is requested) and in so far as such foreigners are not expected to lose their right of residence in the Kingdom as a result of the imposition of a penalty or measure subsequent to their extradition.

Note from the Secretariat: the declaration relating to Article 6 reads as follows:

The Netherlands Government will not grant extradition of its own nationals. As regards the Netherlands, “nationals” for the purposes of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Netherlands for the act in respect of which extradition is requested and in so far as such foreigners are not expected to lose their right of residence in the Kingdom as a result of the imposition of a penalty or measure subsequent to their extradition.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

On 20 July 1993 and 21 February 1994, the Governments of the Kingdom of the Netherlands and of the Czech Republic exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 June 1994.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of:

—  Greece, on 21 September 1993 and 16 June 1994. The arrangement entered into force on 1 September 1994;

—  Slovakia, on 20 July 1993 and 30 June 1994. The arrangement entered into force on 1 September 1994.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Iceland, on 26 January 1994 and 22 July 1994. The arrangement entered into force on 1 October 1994.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Austria, on 22 July 1994 and 28 July 1994. The arrangement entered into force on 1 January 1996.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Spain, on 11 November 1993 and 24 November 1994. The arrangement entered into force on 1 February 1995.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of the United Kingdom of Great Britain and Northern Ireland, on 8 November 1994 and 24 November 1994. The arrangement entered into force on 4 March 1996.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Israel, on 28 February 1994 and 31 July 1995. The arrangement entered into force on 1 November 1995.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Portugal, on 6 July 1995 and 29 August 1995. The arrangement entered into force on 1 December 1995.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Croatia, on 16 October 1995 and 12 February 1996. The arrangement entered into force on 1 May 1996.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Hungary, on 28 March 1996 and 2 April 1996. The arrangement entered into force on 1 July 1996.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996:

The Government of the Kingdom of the Netherlands exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of:

—  Finland, on 5 February 1996 and 4 July 1996. The arrangement entered into force on 1 October 1996.

—  Bulgaria, on 29 March 1996 and 17 July 1996. The arrangement entered into force on 1 October 1996.

Norway:

Reservation made at the time of signature, on 13 December 1957:

Extradition may be refused on humanitarian grounds if surrender is likely to have consequences of an exceptional gravity for the person claimed, particularly by reason of his age, state of health or other personal circumstances.

Reservation made at the time of signature, on 13 December 1957:

Under the terms of the Norwegian Act No. 39 of 13 June 1975, relating to the Extradition of Offenders etc., paragraph 3, Norway is in a position to grant extradition only in respect of an offence, or a corresponding offence, which under Norwegian law is punishable, or would have been punishable with imprisonment for more than one year.

Reservation contained in a letter from the Permanent Representative of Norway, dated 17 January 1977, registered at the Secretariat General on 19 January 1977:

Under the terms of the Norwegian extradition law of 13 June 1908, paragraph 2, Norway is in a position to grant extradition only in respect of offences which under the Norwegian Criminal Code are punishable, or would have been punishable, by imprisonment for more than one year.

Reservation made at the time of signature, on 13 December 1957:

Norway reserves the right, in the light of individual circumstances, to consider the offence described in paragraph 3 of Article 3 as a political offence.

Reservation contained in a letter from the Permanent Representative of Norway, dated 17 January 1977, registered at the Secretariat General on 19 January 1977:

Under the terms of the Norwegian extradition law, paragraph 3, extradition for the taking or attempted taking of the life of a head of state or a member of his family may not be granted if the offence has been committed in connection with another offence which has a political character.

Reservation made at the time of signature, on 13 December 1957:

When an offence under military law also comprises an offence in respect of which extradition otherwise is permissible, Norway reserves the right to stipulate that the extradited person shall not be punished under the military law of the requesting State.

Reservation contained in a letter from the Permanent Representative of Norway, dated 17 January 1977, registered at the Secretariat General on 19 January 1977:

In regard to offences which under Norwegian law would have been considered as military offences, extradition is only permissible, under the terms of paragraph 2 of the Norwegian extradition law, if the offence, stripped of its military elements, would have constituted an extraditable offence, and on condition that the extradited person shall not be more severely punished than by the maximum penalty provided for the corresponding offence in the ordinary criminal code.

Declaration made at the time of signature, on 13 December 1957:

As far as Norway is concerned, the term “national” shall include both nationals and residents of Norway. The term shall also include nationals and residents of Denmark, Finland, Iceland or Sweden, if extradition is requested by States other than those mentioned.

Reservation made at the time of signature, on 13 December 1957:

The Norwegian authorities reserve the right to require the requesting Party to produce prima facie evidence to the effect that the person claimed has committed the offence for which extradition is requested. The request may be refused if the evidence is found to be insufficient.

Declaration contained in a letter from the Permanent Representative of Norway, dated 17 January 1977, registered at the Secretary General on 19 January 1977:

This Convention shall not apply to extradition to Denmark, Finland or Sweden, as extradition between the said States is governed by a uniform legislation.

Poland:

Declaration contained in the instrument of ratification, deposited on 15 June 1993:

The Republic of Poland declares, in accordance with paragraph 1(a) of Article 6, that it will under no circumstances extradite its own nationals.

The Republic of Poland declares that, for the purposes of this Convention, in accordance with paragraph 1(b) of Article 6, persons granted asylum in Poland will be treated as Polish nationals.

Portugal:

Declaration contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

The term “nationals” within the meaning of the Convention shall apply to Portuguese citizens, regardless of how they acquired their nationality.

Reservation contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall not grant the extradition of persons who are to be tried by a special court or who are to serve a sentence passed by such a court.

Reservation contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall not grant the extradition of persons who it has been proved will be subjected to a trial which affords no legal guarantees of criminal prodceedings complying with the conditions internationally recognised as essential to the protection of human rights, or will serve their sentences in inhuman conditions.

Reservation contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall not grant the extradition of persons who are being demanded in connection with an offence punishable by a life-long sentence or detention order.

Reservation contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall grant extradition only for offences punishable by deprivation of liberty for more than one year.

Declaration contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall not grant extradition in respect of Portuguese nationals.

Reservation contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall not grant extradition for offences punishable by the death penalty under the law of the requesting state.

Declaration contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall authorise transit through its national territory only in respect of persons whose circumstances are such that their extradition may be granted.

Romania:

Declaration contained in the instrument of ratification, deposited on 10 September 1997:

Concerning Article 6, paragraph 1.a: Romania will not extradite its citizens and persons to whom asylum has been granted in Romania.

Concerning Article 6, paragraph 1.b: the term “nationals”, in the sense of this Convention, designates Romanian citizens or persons to whom asylum has been granted in Romania.

Reservation contained in the instrument of ratification, deposited on 10 September 1997:

Concerning Article 21, paragraph 5: Request for transit through Romania's territory of a Romanian citizen or a person to whom asylum has been granted in Romania will be refused.

Reservation contained in the instrument of ratification, deposited on 10 September 1997:

Concerning Article 2, paragraph 1: Romania will request and grant extradition:

— for the prosecution of judgment solely of acts the performance of which results, under the laws of the requesting Party and of the requested Party, in a deprivation of liberty exceeding two years or in a more severe penalty;

— for the enforcement of a sentence only if the deprivation of liberty exceeds one year or is more severe.

Russia:

Reservation contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation reserves the right to refuse extradition if extradition is requested with a view to bringing to a special court or within simplified proceedings or executing the sentence passed by a special court or within simplified proceedings when there are grounds to believe that during such proceedings a person was not or will not be provided with minimum guarantees stipulated in Article 14 of the International Covenant on Civil and Political Rights. At the same time, the terms “special court” and “simplified proceedings” do not include any international criminal court whose jurisdiction powers and competence are recognized by the Russian Federation.

Reservation contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation reserves the right to refuse extradition if there are serious grounds to believe that the person whose extradition is requested was or will be subjected in the requesting State to torture or cruel, inhuman or degrading treatment or punishment or if that person did not or will not receive the minimum guarantees provided for in Article 14 of the International Covenant on Civil and Political Rights.

Reservation contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation reserves the right to refuse extradition on humanitarian grounds when there are reasons to believe that the extradition may have serious complications for the person to be extradited because of his advanced age or state of health.

Reservation contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation reserves the right not to extradite a person whose extradition may damage its sovereignty, security, public order or other interests of major importance. Non-extraditable offences are determined by the federal law of the Russian Federation.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation proceeds from the fact that the provisions of Article 3 of the Convention should be applied in such a manner as to ensure that the responsibility for committed crimes covered by the Convention, is inevitable.

As regards “political offences” such an offence does not exist in the Russian legal system. In any case the Russian Federation in taking decisions on extradition will not, in particular, consider as “political offence” or “offences connected with a political offence”, together with the offences stipulated in the 1975 Additional Protocol to the 1957 Convention on Extradition, the following acts or omissions:

1. crimes against humanity stipulated in Articles II and III of the Convention on the Supression and Punishment of the Crime of Apartheid (1973) and Articles 1 and 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984);

2. offences stipulated in Articles 85 of the Additional Protocol I to Geneva Conventions of August 12, 1949, relating to the Protection of Victims of International Armed Conflicts (1977) and in Articles 1 and 4 of the Additional Protocol II, relating to the Protection of Victims of Non-International Armed Conflicts (1977);

3. offences stipulated in the Convention for the Supression of Unlawful Seizure of Aircraft (1970), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971) and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (1988), supplementary to the above-mentioned 1971 Convention;

4. serious offences stipulated in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents (1973);

5. offences stipulated in the International Convention against the Taking of Hostages (1979);

6. offences stipulated in the Convention on the Physical Protection of Nuclear Material (1980);

7. offences stipulated in the United Nations Convention against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances (1988);

as well as other offences stipulated in multilateral international treaties.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

According to the first paragraph of Article 61 of the Constitution of the Russian Federation, no citizen of the Russian Federation shall be extradited to another State.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation shall bear no liability for the claims for compensation of material and moral damages resulting from the execution within the Russian Federation of provisional arrest of a person in accordance with the Article 16.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation shall bear no liability for the claims for compensation of material and moral damages resulting from postponement or refusal to surrender persons in relation to whom a decision to extradite was taken.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

Transit of a person to be extradited through the territory of the Russian Federation shall be authorized on the same conditions as those on which extradition is granted.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

It is required that the documents on extradition to be sent to the Russian Federation be accompanied by a certified translation into Russian language or into English or French languages.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

With regard to the reservation of Portugal:

The Russian Federation shares the opinion, expressed in the declarations of the Government of Federal Republic of Germany dated 4 February 1991, Austria dated 4 June 1991 and Switzerland dated 21 August 1991, with respect to the reservation, made by Portugal on 12 February 1990 with regard to Article 1 of the Convention.

The reservation made by Portugal to Article 1 of the Convention is in compliance with the object and purpose of the Convention only if a refusal to extradite persons who committed offences punishable by a life-long sentence or detention order is far from being of an absolute nature. It will allow to interpret the mentioned reservation in such a manner that extradition shall only then not be granted if the legislation of the requesting Party does not allow a review by court of cases of those persons, that were sentenced to life-long imprisonment and served a certain part of this term or spent a part of time in detention, with respect of their probation.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation shares the opinions expressed by the Government of the Federal Republic of Germany in its declaration of February 4, 1991, by the Government of the Republic of Austria — in its declaration of June 4, 1991 and by the Government of the Swiss Confederation — in its declaration of August 21, 1991, concerning the reservation by Portugal of February 12, 1990 to Article 1 of the Convention.

The Portuguese reservation to Article 1 of the Convention is compatible with the objective and purpose of the Convention unless the refusal to extradite a person who has committed the offence punishable by life imprisonment or whom the court has committed to custody as a preventive punishment is absolute. This allows to interpret the above-mentioned reservation in a manner that extradition will not be granted unless the law of the requesting State provides for the possibility to review the case of a person sentenced to life imprisonment who has served a part of his term or has been held in custody for some time, with a view to release him on parole.

Reservation contained in the instrument of ratification deposited on 10 December 1999:

In accordance with Article 1 of the Convention the Russian Federation shall reserve the right to refuse extradition:

a. it extradition is requested for the purpose of bringing to responsibility before an ad hoc tribunal or by summary proceedings or for the purposes of carrying out a sentence rendered by an ad hoc tribunal or by summary proceedings when there are grounds for supposing that in the course of these proceedings the person will not be or was not provided with minimum guarantees set forth in Article 14 of the International Covenant on Civil and Political Rights and Articles 2, 3 and 4 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The terms <<ad hoc tribunal>> and <<summary proceedings>> do not include any international criminal court with authorities and jurisdiction recognised by the Russian Federation;

b. if there are grounds for supposing that the person requested for extradition in the requesting State was or will be exposed to torture or other cruel, inhuman or degrading treatment or punishment in the course of the criminal proceedings, or the person was not or will not be provided with minimum guarantees set forth in Article 14 of the International Covenant on Civil and Political Rights and Articles 2, 3 and 4 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms;

c. based on the considerations of humanity, when there are grounds for supposing that the extradition of the person can seriously affect him due to his old age or state of health.

Reservation contained in the instrument of ratification deposited on 10 December 1999:

In accordance with paragraphs 3 and 4 of Article 2 of the Convention, the Russian Federation shall reserve the right not to extradite the persons whose extradition can affect its sovereignty, security, public order or other essential interests. Offences that may not lead to extradition shall be stated by the federal law.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation shall not be liable for claims for property and/or moral damage caused by the temporary arrest of the person in the Russian Federation in accordance with Article 16 of the Convention.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

In accordance with paragraphs 4 and 5 of Article 18 of the Convention the Russian Federation shall not be liable for claims for property and/or moral damage caused by the delay or cancellation of the surrender of persons to be extradited.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation declares that in accordance with Article 23 of the Convention when producing the documents relating to extradition to the Russian Federation, their authenticated translation into the Russian language is required.

Reservation contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation proceeds from the understanding that the provisions of Article 3 of the Convention should be so applied as to ensure inevitable responsibility for offences under the provisions of the Convention.

The Russian Federation proceeds from the understanding that legislation of the Russian Federation does not provide for the notion <<political offences>>. In all cases when deciding on extradition the Russian Federation will not consider as <<political offences>> or <<offences connected with political offences>> along with offences, specified in Article 1 of the 1975 Additional Protocol to the 1957 European Convention on Extradition, in particular, the following acts:

a. the crimes against humanity specified in Articles II and III of the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) and in Articles 1 and 4 of Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984);

b. the crimes specified in Article 85 of Additional Protocol I to the Geneva Conventions of August 12, 1949 relating to the Protection of Victims of International Armed Conflicts (1977), and in articles 1 and 4 of Additional Protocol II to the Geneva Conventions of August 12, 1949 relating to the Protection of Victims of Non-International Armed Conflicts (1977);

c. the offences specified in the Convention for the Suppression of Unlawful Seizure of Aircraft (1970), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971) and the Protocol for the Suppression of Unlawful Acts of Violence in Airports Serving International Civil Aviation (1988) supplementary to the above-mentioned 1971 Convention;

d. the crimes specified in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973);

e. the crimes specified in the International Convention Against the Taking of Hostages (1979);

f. the offences specified in the Convention for Physical Protection of Nuclear Materials (1980);

g. the offences specified in the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988);

h. other comparable crimes specified in the multilateral international treaties which the Russian Federation is a party to.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

With respect to sub-paragraph “a” of paragraph 1 of Article 6 of the Convention the Russian Federation declares that in accordance with Article 61 (part I) of the Constitution of the Russian Federation a citizen of the Russian Federation may not be extradited to another State.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation declares that in accordance with Article 21 of the Convention transit of an extradited person through the territory of the Russian Federation is allowed subject to the observance of the terms of extradition.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Prosecutor-General's Office shall be a body appointed by the Russian Federation to hear extradition cases.

A decision of the competent authorities of the Russian Federation on extradition may be appealed by a person against whom a decision on extradition has been rendered, in the court of law in accordance with the legislation of the Russian Federation.

Slovakia:

Declaration contained in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 13 February 1992, handed over to the Secretary General at the time of signature on 13 February 1992, confirmed in the instrument of ratification deposited on 15 April 1992 and in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 15 April 1992 handed over to the Secretary General at the time of deposit of the instrument of ratification, and confirmed in a letter from the Minister for Foreign Affairs of the Slovak Republic dated 6 April 1994, registered at the Secretariat General on 28 April 1994:

Under the terms of the Article 21.5, the transit of a person within the meaning of Article 21 will be granted only on conditions applied in cases of extradition.

Declaration contained in a letter from the Permanent Representative of Slovakia, dated 3 May 2000, registered at the Secretariat General on 4 May 2000:

The Slovak Republic invites the other Contracting Parties to present their requests and supporting documents which are not drawn up in either Slovak or one of the official languages of the Council of Europe with a translation into one of these languages.

Spain:

Reservation contained in the instrument of ratification, deposited on 7 May 1982:

The person claimed may not be brought to trial before a special court in the territory of the requesting State. Extradition shall not be granted for this purpose nor for the enforcement of a sentence or detention order imposed by courts of this nature.

Reservation contained in the instrument of ratification, deposited on 7 May 1982:

Spain will not grant extradition if liability to criminal prosecution has lapsed for any cause for which provision is made in the legislation of the requesting Party or the requested Party.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

Spain will grant transit only on the conditions specified for extradition in the present Convention.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

Spain will require the requesting Party to supply a translation into Spanish, French or English of the request for extradition and the accompanying documents.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

Spain will apply the rule of reciprocity in respect of offences excluded from the application of the present Convention by virtue of Article 2 thereof.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

For the purposes of extradition, apart from the offences mentioned in Article 3(3) of the Convention, acts of terrorism will not be deemed to be political offences.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

For the purposes of the present Convention, Spain will consider as nationals the persons entitled to that quality by virtue of the provisions of Title I of Book I of the Spanish Civil Code.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

Final judgment shall be deemed to have been passed on a person when the judicial decision in question is no longer subject to any ordinary appeal either because all remedies have been exhausted, or because the decision has been accepted, or on account of its specific nature.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

If the offence for which extradition is requested is punishable by death under the law of the requesting Party, Spain will refuse extradition unless the requesting Party gives such guarantees as the requested Party considers sufficient that the death penalty will not be imposed or, if imposed, will not be carried out.

Sweden:

Declaration contained in the instrument of ratification, deposited on 22 January 1959:

Within the meaning of this Convention the term “nationals” shall denote, in addition to Swedish nationals, aliens domiciled in Sweden, nationals in Denmark, Finland, Iceland and Norway, as well as aliens domiciled in these States.

Declaration contained in the instrument of ratification, deposited on 22 January 1959:

The transit requested will only be granted on the same conditions as extradition is granted, allowance being made for individual circumstances.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

Sweden reserves the right, when granting extradition, to stipulate that the extradited person may not be summoned to appear before a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences, as well as the right to refuse extradition for the execution of a sentence rendered by such special court.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

Sweden reserves the right to refuse extradition in special cases, if that measure is manifestly incompatible with its humanitarian obligations, on account of the age, the state of health or any other condition affecting the individual in question, having regard also to the nature of the offence and the interests of the requesting State.

Reservation contained in a letter from the Ministry for Foreign Affairs, dated 14 April 1967, registered at the Secretariat General on 21 April 1967:

The reservation on Article 2 reads as follows:

The extradition of an individual on whom final judgment has not yet been passed for the offence in respect of which extradition is requested shall be granted only if the said offence corresponds to an offence which is punishable under Swedish law by a sentence of imprisonment for more than one year.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

The extradition of an individual on whom final judgment has not yet been passed for the offence in respect of which extradition is requested shall be granted only if the said offence corresponds to an offence which is punishable under Swedish law by a sentence of hard labour.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

Sweden reserves the right, in the light of individual circumstances, to regard the offence mentioned in paragraph 3 of this Article as a political offence.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

Where an offence under military law also comprises an offence in respect of which extradition has been granted, Sweden reserves the right to stipulate that the extradited person may not be penalised in application of provisions relating to offences committed by members of the armed services.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

Even though the sentence rendered or the warrant of arrest issued by a court or a judge in a State which is a Party to the Convention are generally accepted, Sweden reserves the right to refuse the extradition requested if an examination of the case in question shows that the said sentence or warrant is manifestly ill-founded.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

If the individual whose extradition has been granted has not been taken over on the date appointed by the representing State, Sweden reserves the right immediately to annul the measure of restraint imposed upon him.

Switzerland:

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

The Swiss Federal Council declares that extradition by Switzerland is in all cases subject to the condition that the person claimed is not brought before an extraordinary court (tribunal d'exception). It therefore reserves the right to refuse extradition:

a. if there is a possibility that the person claimed, if extradited, will be brought before an extraordinary court (tribunal d'exception) and if the requesting State does not give assurances deemed sufficient, that the judgement will be passed by a court which is generally empowered under the rules of judicial administration to pronounce on criminal matters;

b. if extradition is requested for the purpose of carrying out a sentence passed by an extraordinary court (tribunal d'exception).

Reservation contained in the instrument of ratification, deposited on 20 December 1966 — and withdrawn by letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983:

Having regard to the requirements of Swiss law on extradition, Switzerland reserves the right to refuse extradition if the offence alleged against the person claimed does not combine the constituent elements of one of the offences set out in the list deposited with the Secretariat of the Council of Europe as an annex to this declaration.

List of extraditable offences under Swiss law

(Annex to the reservation on Article 2, paragraph 1, of the European Convention on Extradition)

Section 3 of the Federal Act of 22 January 1892 on extradition to foreign States provides that persons who have committed, attempted to commit or been accomplices to any of the acts mentioned below, may be extradited, provided that the act in question is an offence under general criminal law and is punishable both under the law of the place of refuge and under the law of the requesting State.

I. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against persons

1. Voluntary homicide with premeditation, voluntary culpable homicide without premeditation, involuntary homicide;

2. Infanticide and abortion;

3. Exposure or abandonment of children or defenceless persons;

4. Injuries which have resulted in death or lasting infirmity or inability to work for more than 20 days; participation in an affray which had consequences of this nature;

5. Ill-treatment of parents by their children; habitual ill-treatment of children by their parents or by the persons under whose authority they have been placed.

II. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against the freedom of persons and family rights.

6. Abduction of adults or children by force, menace or fraud;

7. Unlawful restraint of persons;

8. Kidnapping of minors;

9. Violation of domicile with aggravating circumstances;

10. Threats to attack persons or property;

11. Falsification or destruction of documents showing a person's civil status.

III. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against morals.

12. Rape, indecent assault committed with use of force or on a defenceiess person or on a person suffering from mental incapacity;

13. Indecent acts committed on children, or on anyone by a person in whose care he or she has been placed;

14. Corruption of minors by their parents, guardian or any other person entrusted with their supervision;

15. Professional procuring; traffic in women and children;

16. Acts of indecency causing a public scandal;

17. Incest;

18. Bigamy.

IV. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against property.

19. Brigandage (piracy), extortion, theft, receiving of stolen goods;

20. Fraudulent conversion (misappropriation) and breach of trust;

21. Wilful damage to property;

22. False pretences, fraudulent bankruptcy, and fraud in connection with bankruptcy or seizure.

V. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against faith (foi publique).

23. Counterfeiting or forging of coins or paper money or official stamps representing a value (postage stamps, etc.), banknotes, bonds, shares and other securities issued by the government or by corporations, companies or individuals; introduction, issue or placing in circulation of such counterfeit or forged objects with fraudulent intent;

24. Counterfeiting or forging of seals, dies, stamps or plates; fraudulent use or misuse of counterfeit or genuine seals, stamps, dies or plates;

25. Forging or counterfeiting of documents; uttering of forged instruments (fraudulent use of counterfeit or forged documents), abstraction of documents, misuse of a paper signed in blank;

26. Moving of boundary-marks.

VI. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] constituting a public danger.

27. Causing of fire, misuse of explosives, causing of flooding intentionally or through lack of care or imprudence;

28. Destroying or damaging, wilfully or through lack of care or imprudence, of railways, steamboats, postal installations, or electrical equipment and lines (telegraph, telephone) and endangering of their use;

29. Acts committed wilfully or through lack of care or imprudence liable to cause the destruction, grounding or loss of a ship;

30. Spreading of contagious diseases, epidemics or epizootics, wilfully or through lack of care or imprudence; impairing of springs, wells or other water through harmful substances constituting a public danger;

31. Intentional imitation or adulteration of foodstuffs constituting a danger to human health or the health of animals; offering for sale or placing in circulation of such unhealthy or tainted foodstuffs, with concealment of their harmfulness;

31bis. Wilful infringement of the regulations on narcotics, insofar as such infringement is punishable by imprisonment.

VII. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against the administration of justice.

32. False accusation;

33. Perjury or misrepresentation under a solemn promise;

34. False evidence, false report by an expert, false declaration by an interpreter; subornation of witnesses, experts or interpreters.

VIII. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] relating to the exercise of official duties.

35. Bribery of public officials, jurors, arbitrators or experts;

36. Misappropriation and extortion by public officials; abuse of authority as a result of bribery or with fraudulent intent;

37. Destruction of letters or telegrams, violation of the secrecy of letters or telegrams by post office employees.

Section 154 of the Federal Act of 23 September 1953 on shipping under the Swiss flag provides that offences punishable under the Act by imprisonment for one year or by a more severe sentence are extraditable within the meaning of Swiss legislation on extradition to foreign States. The offences in question are:

—  intentional or negligent endangering of vessel (Section 128);

—  intentional or negligent endangering of shipping (Section 129);

—  putting to sea of an unseaworthy vessel (Section 131);

—  failure to give assistance (Section 133(1));

—  abandonment of ship in peril (Section 134);

—  failure to exercise command (Section 135(1));

—  abuse of authority and unauthorised assumption of authority (Section 136(1));

—  drunkenness (Section 139(1));

—  disobedience (Section 140(3));

—  unauthorised taking on board of persons and objects (Section 141(1));

—  endangering of shipowner or master through smuggling (Section 142(1) and (3));

—  misuse of flag (Section 143(1));

—  fraud in registration (Section 144(1));

—  unlawful removal of a vessel held by the authorities, infringement of a regulation of the authorities (Section 145);

—  improper transfer (Section 146).

Declaration contained in a letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983:

The reservation on Article 2, paragraph 2 read as follows:

The Federal Council declares that if extradition is or has been granted in respect of an offence which is extraditable under Swiss law, Switzerland may extend the effects thereof to any other offence punishable under Swiss ordinary law.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

The Swiss Federal Council declares that, notwithstanding the reservation made in respect of Article 2, paragraph 1, Switzerland may, when extradition is or has been granted for a crime (crime) or a correctional offence (délit) which is extraditable under Swiss law, extend the effects thereof to any other offence punishable under Swiss law.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Notwithstanding Article 3, paragraph 3, of the Convention, Switzerland reserves the right to refuse extradition on the basis of Article 3, paragraph 1 when it is requested for the taking or attempted taking of the life of a Head of State or a member of his family.

Declaration contained in a letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983:

The reservation on Article 6 read as follows:

The Federal Council declares that Swiss law allows Swiss nationals to be extradited only on the conditions specified in Article 7 of the Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters. Provided that the statutory requirements are satisfied, offences committed outside Switzerland which are punishable under Swiss law as felonies (“crimes”) or misdemeanours (“délits”) may be prosecuted and tried by the Swiss authorities in the following cases: — where they were committed against Swiss nationals (Article 5 of the Swiss Criminal Code of 21 December 1937); — where they are extraditable under Swiss law and were committed by a Swiss national (Article 6 of the Swiss Criminal Code); — where they were committed on board a Swiss ship or Swiss aircraft (Article 4 of the Federal Act of 23 September 1953 on Shipping under the Swiss flag; Article 97 of the Federal Act of 21 December 1948 on Air Navigation); — where the special statutory provisions so stipulate in respect of certain offences (Articles 202 and 240 of the Swiss Criminal Code; Article 19 of the Federal Act of 3 October 1951 on Narcotics; Article 101 of the Federal Act of 19 December 1958 on Road Traffic; Article 16 of the Federal Act of 14 March 1958 on the Liability of the Confederation, Members of its Authorities and its Civil Servants; Article 12 of the Federal Act of 26 September 1958 on the Export Risk Guarantee).

In accordance with the Act of 20 March 1981 on International Mutual Assistance in Criminal Matters, other offences committed abroad by a Swiss national may be prosecuted in Switzerland at the request of the State in which they were committed in cases where the person concerned is in Switzerland and is answerable there for offences of a more serious kind and where, if he is acquitted or punished in Switzerland, he is not liable to be prosecuted again for the same act in the requesting State.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

The Swiss Federal Council declares that Swiss law does not permit extradition of Swiss nationals. Provided that the statutory requirements are satisfied, the Swiss authorities may take proceedings and pass sentences in respect of offences committed outside Switzerland which are punishable under Swiss law as crimes (crimes) or correctional offences (délits): — if they were committed against Swiss nationals (Article 5 of the Swiss Penal Code); — if they are extraditable under Swiss law and were committed by a Swiss national (Article 6 of the Swiss Penal Code; Section 16 of the Federal Act of 14 March 1958 on the responsibility of the Confederation, the members of its authorities and its officials); — if they were committed on board a Swiss ship or a Swiss aircraft (Section 4 of the Federal Act of 23 September 1953 on shipping under the Swiss flag; Section 97 of the Federal Act of 21 December 1948 on air navigation).

Reservation contained in the instrument of ratification, deposited on 20 December 1966 — and withdrawn by letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983:

The Swiss Federal Council declares that, under present Swiss legislation, extradition can be granted for an offence committed in Swiss territory or in a place treated as that territory only in application of Article 2, paragraph 2, that is, where the person claimed is in any event being extradited to the requesting State in respect of other offences not subject to Swiss jurisdiction and it is condidered desirable, particularly in the interests of his social rehabilitation, that all the offences of which he is accused be dealt with at the same proceedings.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland reserves the right to refuse extradition, in derogation of Article 9, if the decisions motivating the refusal of extradition in accordance with that Article have been rendered in a third State in whose territory the offence was committed.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland reserves the right to grant extradition, notwithstanding the first sentence of Article 9, if it has granted extradition for other offences and the requesting State has shown that new facts or evidence which have come to its knowledge justify a review of the decision motivating the refusal for extradition in accordance with this Article, or if the person sought has not served all or part of the punishment imposed on him by that decision.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland reserves the right to apply Article 11, mutatis mutandis, also in cases where the law of the requesting State provides that the person claimed may, in respect of the offence for which extradition is requested, be sentenced to corporal punishment or be subjected to such treatment against his will.

Declaration contained in the instrument of ratification, deposited on 20 December 1966:

The Swiss Federal Council declares that the Swiss authorities regard discharge as final within the meaning of Article 14 if it enables the person extradited to move about freely without breaking the rules of behaviour and other conditions laid down by the proper authority. For the Swiss authorities, an extradited person is in all cases deemed to be able to leave the territory of a State within the meaning of this Article if he is not in fact prevented from leaving by a disease or some other actual restriction of his freedom of movement.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland asks that any request addressed to it in accordance with Article 16, paragraph 2, contain a brief description of the offence alleged against the person claimed, including the essential particulars by which the nature of the offence can be appraised with reference to the law of extradition.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland reserves the right not to authorise transit in cases where the offence alleged against the person claimed comes within the provisions of Article 5 of the Convention or constitutes an infringement of commodity trade, restrictions of market regulations.

Declaration contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland asks that requests in connection with extradition addressed to its authorities, and documents annexed thereto, be accompanied by a translation into French, German or Italian if they are not written in one of these languages.

Declaration contained in a letter from the Permanent Representative dated 21 August 1991, registered at the Secretariat General on 22 August 1991:

With reference to the reservation made by Portugal concerning Article 1(c) of the European Convention on extradition, I have the honour to inform you that my Government supports the declaration sent to you on this question by the German Government on 4 February 1991, and the declaration sent to you on 4 June 1991 by the Austrian Government in support of the German position.

In fact, the reservation in question is compatible with the object and purpose of the Convention only if refusal to grant extradition for offences punishable by a life-long prison sentence or detention order is not absolute. My Government also takes the reservation to mean that extradition will be refused only when there is no possibility under the law of the requesting state for the person sentenced to life imprisonment, having completed a certain part of his sentence or period of detention, to obtain a judicial review of his case with a view to having the remainder of the sentence commuted to probation.

The former Yugoslav Republic of Macedonia:

Declaration contained in the instrument of ratification deposited on 28 July 1999:

Taking into account Article 4 of the Constitution of the Republic of Macedonia, which does not allow the extradition of the citizens of the Republic of Macedonia, the provisions of this Convention shall only apply to the persons which are not citizens of the Republic of Macedonia.

Reservation contained in the instrument of ratification deposited on 28 July 1999:

The Republic of Macedonia shall not agree to surrender the person claimed, if this person is charged by an extraordinary court, or in cases where the surrender is requested for the purposes of executing a sentence, safety measure or correctional measure that was passed by such a court.

Reservation contained in the instrument of ratification deposited on 28 July 1999:

Even in the cases where the final sentence or the arrest warrant are passed by the competent authorities in a country which is Party to this Convention, the Republic of Macedonia reserves the right to refuse the requested surrender, if an examination of the case in question shows that the said sentence or arrest warrant are manifestly ill-founded.

Reservation contained in the instrument of ratification deposited on 28 July 1999:

In the event that the person claimed has not been taken over by the requesting Party, on the appointed date, the Republic of Macedonia reserves the right to annul the measure of restraint imposed on that person.

Turkey:

Reservation contained in a letter from the Ministry of Foreign Affairs, dated 30 November 1957, handed to the Secretary General at the time of signature, on 13 December 1957:

The assurance mentioned in Article 11 will be limited to the following procedure:

In the event of extradition to Turkey of an individual under sentence of death or accused of an offence punishable by death, any requested Party whose law does not provide for capital punishment shall be authorised to transmit a request for commutation of death sentence to life imprisonment. Such request shall be transmitted by the Turkish Government to the Grand National Assembly, which is the final instance for confirming a death sentence, insofar as the Assembly has not already pronounced on the matter.

Declaration contained in a letter from the Permanent Representative of Turkey, dated 15 June 1994, registered at the Secretariat General, on 21 June 1994:

Concerning the reservations and declarations formulated by Poland at the time of ratification of the European Convention on Extradition, the Turkish Government shares the interpretation made by the Federal Republic of Germany and Austria, registered respectively on 13 October 1993 and 11 January 1994.

The Turkish Government considers that Poland's declaration concerning Article 6, paragraph 1.b, which assimilates persons who have been granted asylum in Poland to Polish nationals, is compatible with the aim and purpose of the Convention only if it does not apply to cases of extradition of the said persons to a third State other than that in respect of which asylum has been granted.

Ukraine:

Reservation contained in the instrument of ratification, deposited on 11 March 1998:

Ukraine reserves the right to refuse extradition if the person whose extradition is requested cannot, on account of his/her state of health, be extradited without damage to his/her health.

Reservation contained in the instrument of ratification, deposited on 11 March 1998:

Ukraine shall grant extradition only for offences which are punishable by imprisonment for a maximum period of not less than one year or by a more severe penalty.

Declaration contained in the instrument of ratification, deposited on 11 March 1998:

The extradition in respect of general criminal offences which are also military offences may only be granted provided that the person whose extradition is requested will not be subject to criminal prosecution in accordance with martial law.

Declaration contained in the instrument of ratification, deposited on 11 March 1998:

Ukraine will not extradite citizens of Ukraine to another State. For the purposes of this Convention, any person is considered to be a citizen of Ukraine who, in accordance with the laws of Ukraine at the time when the decision to extradite is taken, is a citizen of Ukraine.

Declaration contained in the instrument of ratification, deposited on 11 March 1998:

Ukraine shall allow transit through its territory of persons who are extradited on the same conditions as those on which extradition is granted.

Declaration contained in the instrument of ratification, deposited on 11 March 1998:

Requests for extradition and documents appended thereto shall be sent to Ukraine together with a translation into Ukrainian or into one of the official languages of the Council of Europe unless they are drawn up in those languages.

Declaration contained in a letter from the Permanent Representative, dated 31 January 2000, registered at the Secretariat General on 1 February 2000:

The Ministry of Justice of Ukraine (in case of requests by courts) and the Prosecutor-General's Office of Ukraine (in case of requests by bodies of pre-trial investigation) shall be the authorities to which reference is made in article 12, paragraph 1 of the Convention, as amended by the Second Additional Protocol.

United Kingdom:

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to refuse to grant extradition which is requested pursuant to or for the purpose of executing a conviction or sentence pronounced against the person concerned in his absence from proceedings in respect of which the conviction or sentence was pronounced.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom may decide to grant extradition in respect of any offences which under the law of the requesting State and the law of the United Kingdom are punishable by a sentence of imprisonment for a term of 12 months or any greater punishment, whether or not such a sentence has in fact been imposed.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence or each of the offences in respect of which a person's return is sought that by reason of its trivial nature, or because the accusation is not made in good faith in the interests of justice, it would in all the circumstances be unjust or oppressive to return him.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to apply the provisions of Article 3 paragraph 3 only in respect of States parties to the European Convention on the Suppression of Terrorism.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom may refuse to extradite a person if the authorities in any part of the United Kingdom, the Channel Islands or the Isle of Man have instituted or are about to institute criminal or other proceedings against that person, whether or not those proceedings are in respect of the offence or offences for which extradition is requested.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to refuse to grant extradition of a person accused of an offence, if it appears that that person would if charged with that offence in the United Kingdom be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence, or each of the offences, in respect of which the person's return is sought that by reason of the passage of time since he is alleged to have committed it, or to have become unlawfully at large, as the case may be, it would, having regard to all the circumstances, be unjust or oppressive to return him.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990 — and partially withdrawn by letter from the Permanent Representative dated 18 June 1991, registered at the Secretariat General on 21 June 1991:

Reservation relating to Article 12 reads as follows:

1. In addition to the request and any supporting documents, the United Kingdom will require a statement indicating whether or not a conviction in respect of which extradition is requested was obtained in the presence of the person whose return is sought.

2. The request must be supported by the original of the conviction and sentence or detention order, or of the warrant of arrest or other order having the same effect.

3. The statement of the offences for which extradition is requested must contain a description of the conduct which it is alleged constitutes the offence or offences for which extradition is requested.

4. For the purposes of proceedings in the United Kingdom, foreign documents shall be deeded duly authenticated

a. if they purport to be signed by a judge, magistrate or officer of the State where they were issued; and

b. if they purport to be certified by being sealed with the official seal of the Minister of Justice, or some other Minister of State, of that State.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right in any case to refuse to consent to a person who has been extradited being proceeded against, sentenced or detained with a view to carrying out the sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited or to his being for any other reason restricted in his personal freedom.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom cannot accept the application of Article 21.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The documents to be produced shall be in English or accompanied by a translation into English.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

This Convention shall apply to the United Kingdom of Great Britain and Northern Ireland, to the Channel Islands and to the Isle of Man. The United Kingdom reserves the right to notify the Secretary General of the application of the Convention to any territory for the international relations of which the United Kingdom is responsible.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The Convention supersedes the provisions of bilateral treaties between the United Kingdom and other Contracting Parties only to the extent that the Convention applies, by or under Article 27, to the United Kingdom, the Contracting Parties, and any territories for whose international relations the United Kingdom or Contracting Parties are responsible.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The Convention shall not apply between the United Kingdom and any Contracting Party when laws are in force in the United Kingdom and in that Contracting Party providing for the execution in the territory of each of them of warrants issued in the territory of the other.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom, in giving effect to this Convention, will have regard to its human rights obligations under the European Convention on Human Rights.

First Schedule: Part IV

Terms of Agreement between the State and Kingdom of the Netherlands regarding Dutch Overseas Territories

The Department of Foreign Affairs presents its compliments to the Royal Netherlands Embassy and has the honor to refer to the Embassy's Note No. DUB/851 dated the 27 July 1995, which reads as follows:

“The Royal Netherlands Embassy presents its compliments to the Department of Foreign Affairs of Ireland and has the honour to propose that the application of the European Convention on Extradition of 13 December 1957, in accordance with Article 27, paragraph 4, be extended to the Netherlands Antilles and Aruba, that the declarations and reservations that apply in relations between the Kingdom of the Netherlands, in respect of the Kingdom in Europe, and Ireland shall also apply in relation between Ireland and the Kingdom of the Netherlands in respect of the Netherlands Antilles and Aruba, and that the declaration concerning articles 6 and 21 as made by the Kingdom of the Netherlands upon ratification of the Convention on 14 February 1969 and as amended on 14 October 1987 shall apply to the Netherlands Antilles and Aruba respectively, with regard to the extradition of Netherlands nationals, only when the European Convention on the transfer of sentenced persons, concluded in Strasbourg on 21 March 1993, becomes applicable to the Netherlands Antilles and Aruba respectively.

If this proposal is acceptable to the Government of Ireland, the Embassy has the honour further to propose that this note and the Department's affirmative reply, shall constitute an arrangement as provided for in article 27, paragraph 4, of the Convention, which shall enter into force on the first day of the third month following the date on which the Embassy receives the Department's reply.

The Royal Netherlands Embassy avails itself of this opportunity to renew to the Department of Foreign Affairs the assurances of its highest consideration.”

The Department has the honour to confirm, on behalf of the Government of Ireland, that the proposals contained in the Embassy's letter are acceptable and that the Embassy's Note and this reply shall constitute an arrangement between Ireland and the Kingdom of the Netherlands as provided for in Article 27, paragraph 4 of the European Convention on Extradition of 13 December 1957, which shall enter into force on the first day of the third month following the date on which the Embassy receives the Department's reply, that is, the date of this Note.

The Department of Foreign Affairs avails itself of this opportunity to renew to the Royal Netherlands Embassy the assurances of its highest consideration.

4 December, 2000

Second Schedule: Part I

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT

SIGNED AT THE HAGUE, ON 16 DECEMBER 1970 (THE HAGUE CONVENTION 1970)

THE STATES PARTIES to this Convention

CONSIDERING that unlawful acts of seizure or exercise of control of aircraft in flight jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

CONSIDERING that the occurrence of such acts is a matter of grave concern;

CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

HAVE AGREED AS FOLLOWS:

Article 1

Any person who on board an aircraft in flight:

a. unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or

b. is an accomplice of a person who performs or attempts to perform any such act commits an offence (hereinafter referred to as “the offence”).

Article 2

Each Contracting State undertakes to make the offence punishable by severe penalties.

Article 3

1. For the purposes of this Convention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.

2. This Convention shall not apply to aircraft used in military, customs or police services.

3. This Convention shall apply only if the place of take-off or the place of actual landing of the aircraft on board which the offence is committed is situated outside the territory of the State of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight.

4. In the cases mentioned in Article 5, this Convention shall not apply if the place of take-off and the place of actual landing of the aircraft on board which the offence is committed are situated within the territory of the same State where that State is one of those referred to in that Article.

5. Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 8, and 10 shall apply whatever the place of take-off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the territory of a State other than the State of registration of that aircraft.

Article 4

1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offence and any other act of violence against passengers or crew committed by the alleged offender in connection with the offence, in the following cases:

a. when the offence is committed on board an aircraft registered in that State;

b. when the aircraft on board which the offence is committed lands in its territory with the alleged offender still onboard;

c. when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordence with national law.

Article 5

The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

Article 6

1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary enquiry into the facts.

3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.

4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the State of registration of the aircraft, the State mentioned in Article 4, paragraph 1(c), the State of nationality of the detained person and, if it considers it advisable, any other interested States of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7

The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

Article 8

1. The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between Contracting States. Contracting States undertake to include the offence as an extraditable offence in every extradition treaty to be concluded between them.

2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognize the offence as an extraditable offence between themselves subject to the conditions provided by the law of the requested State.

4. The offence shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 4, paragraph 1.

Article 9

1. When any of the acts mentioned in Article 1(a) has occurred or is about to occur, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft.

2. In the cases contemplated by the preceding paragraph, any Contracting State in which the aircraft or its passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

Article 10

1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offence and other acts mentioned in Article 4. The law of the State requested shall apply in all cases.

2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

Article 11

Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning:

a. the circumstances of the offence;

b. the action taken pursuant to Article 9;

c. the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings.

Article 12

1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation.

3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments.

Article 13

1. This Convention shall be open for signature at The Hague on 16 December 1970, by States participating in the International Conference on Air Law held at The Hague from 1 to 16 December 1970 (hereinafter referred to as The Hague Conference). After 31 December 1970, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments.

3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in The Hague Conference.

4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later.

5. The Depositary Governments shall promtly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices.

6. As soon as this Convention comes into force, it shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).

Article 14

1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments.

2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their Governments, have signed this Convention.

DONE at The Hague, this sixteenth day of December, one thousand nine hundred and seventy, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

Second Schedule: Part II

List of Reservations and Declarations to the CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT

Algeria:

Reservation: “The People's Democratic Republic of Algeria does not consider itself bound by the provisions of articles 24.1, 12.1 and 14.1 respectively of the Tokyo, The Hague and Montreal Conventions, which provide for the mandatory referral of any dispute to the International Court of Justice. The People's Democratic Republic of Algeria states that in each case the prior consent of all the parties concerned shall be required in order to refer a dispute to the International Court of Justice.”

Argentina:

The instrument of ratification by Argentina contains a declaration which reads: “The application of this Convention to territories the sovereignty of which may be disputed among two or more States, whether Parties to the Convention or not, may not be interpreted as alteration, renunciation or waiver of the position upheld by each up to the present time”.

Bulgaria:

On 9 May 1994, a Note was deposited with the Government of the United States by the Government of Bulgaria whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 12 of the Convention. The withdrawal of the reservation took effect on 9 May 1994.

China:

The instrument of accession by the Government of the People's Republic of China contains the following declaration: “The Chinese Government declares illegal and null and void the signature and ratification of the above-mentioned Convention by the Taiwan authorities in the name of China”.

Denmark:

A notification was received by the Government of the United Kingdom from the Government of the Kingdom of Denmark whereby the latter withdraws, with effect from 1 June 1980, the reservation made at the time of ratification that this Convention should not apply to Greenland.

Hungary:

On 10 January 1990, instruments were deposited with the Government of the United Kingdom and the Government of the United States by the Government of Hungary whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 12 of the Convention. The withdrawal of the reservation took effect on 10 January 1990.

Kuwait:

Ratification by Kuwait was accompanied by an Understanding stating that ratification of the Convention does not mean in any way recognition of Israel by the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel.

Libyan Arab Jamahiriya:

The instrument of accession deposited by the Libyan Arab Jamahiriya contains a disclaimer regarding recognition of Israel.

Morocco:

“In case of a dispute, all recourse must be made to the International Court of Justice on the basis of the unanimous consent of the parties concerned.”

Netherlands:

The Convention cannot enter into force for the Netherlands Antilles until thirty days after the date on which the Government of the Kingdom of the Netherlands shall have notified the depositary Governments that the necessary measures to give effect to the provisions of the Convention have been taken in the Netherlands Antilles.

On 11 June 1974, a declaration was deposited with the Government of the United States by the Government of the Kingdom of the Netherlands stating that in the interim the measures required to implement the provisions of the Convention have been taken in the Netherlands Antilles and, consequently, the Convention will enter into force for the Netherlands Antilles on the thirtieth day after the date of deposit of this declaration.

By a Note dated 9 January 1986 the Government of the Kingdom of the Netherlands informed the Government of the United States that as of 1 January 1986 the Convention is applicable to the Netherlands Antilles (without Aruba) and to Aruba.

Oman:

Accession to the said Convention by the Government of the Sultanate of Oman does not mean or imply, and shall not be interpreted as recognition of Israel generally or in the context of this Convention.

Portugal:

By a Note dated 9 August 1999, the Government of the United Kingdom notified the International Civil Aviation Organization of the wish of the Government of Portugal to extend the Convention to the Territory of Macao, the extension taking effect on 19 July 1999.

By a Note dated 27 October 1999, the Government of Portugal advised the Government of the United Kingdom as follows:

“In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macao signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macao until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999.

From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macao.”

Republic of Korea:

The accession by the Government of the Republic of Korea to the present Convention does not, in any way, mean or imply the recognition of any territory or regime which has not been recognized by the Government of the Republic of Korea as a State or Government.

Saudi Arabia:

Approval by Saudi Arabia does not mean and could not be interpreted as recognition of Israel generally or in the context of this Convention.

United Arab Emirates:

“In accepting the said Convention, the Government of the United Arab Emirates takes the view that its acceptance of the said Convention does not in any way imply its recognition of Israel, nor does it oblige to apply the provisions of the Convention in respect of the said Country.”

United Kingdom:

The Convention is ratified “in respect of the United Kingdom of Great Britain and Northern Ireland and Territories under territorial sovereignty of the United Kingdom as well as the British Solomon Islands Protectorate”.

Bahrain, Belarus, Brazil, China, Guatemala, India, Indonesia, Malawi, Oman, Papua New Guinea, Peru, Poland, Qatar, Romania, Russian Federation, Saudi Arabia, South Africa, Syrian Arab Republic, Tunisia, Ukraine, and Vietnam.

Reservation made with respect to paragraph 1 of Article 12 of the Convention.

Third Schedule: Part I

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION

SIGNED AT MONTREAL ON 23 SEPTEMBER 1971 ENTRY INTO FORCE: 26 January 1973

THE STATES PARTIES to the Convention

Considering that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

Considering that the occurrence of such acts is a matter of grave concern;

Considering that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

Have agreed as follows:

Article 1

1. Any person commits an offence if he unlawfully and intentionally:

a. performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or

b. destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

c. places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

d. destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

e. communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.

2. Any person also commits an offence if he:

a. attempts to commit any of the offences mentioned in paragraph 1 of this Article; or

b. is an accomplice of a person who commits or attempts to commit any such offence.

Article 2

For the purposes of this Convention:

a. an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;

b. an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article.

Article 3

Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties.

Article 4

1. This Convention shall not apply to aircraft used in military, customs or police services.

2. In the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether the aircraft is engaged in an international or domestic flight, only if:

a. the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or

b. the offence is committed in the territory of a State other than the State of registration of the aircraft.

3. Notwithstanding paragraph 2 of this Article, in the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft.

4. With respect to the States mentioned in Article 9 and in the cases mentioned in subparagraphs (a), (b), (c), and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this Article are situated within the territory of the same State where that State is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the territory of a State other than that State.

5. In the cases contemplated in subparagraph (d) of paragraph 1 of Article 1, this Convention shall apply only if the air navigation facilities are used in international air navigation.

6. The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases contemplated in paragraph 2 of Article 1.

Article 5

1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases:

a. when the offence is committed in the territory of that State;

b. when the offence is committed against or on board an aircraft registered in that State;

c. when the aircraft on board which the offence is committed lands in its territory with the alleged offenders still on board;

d. when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 (a), (b) and (c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 6

1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary enquiry into the facts.

3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.

4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the States mentioned in Article 5, paragraph 1, the State of nationality of the detained person and, if it considers it advisable, any other interested State of the fact that such person is in custoday and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7

The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

Article 8

1. The offence shall be deemed to be included as extraditable offences in any extradition treaty existing between Contracting States. Contracting States undertake to include the offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognise the offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. Each of the offences shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 5, paragraph 1 (b), (c), and (d).

Article 9

The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

Article 10

1. Contracting States shall, in accordance with international and national law, endeavour to take all practicable measures for the purpose of preventing the offences mentioned in Article 1.

2. When, due to the commission of one of the offences mentioned in Article 1, a flight has been delayed or interrupted, any Contracting State in whose territory the aircraft or passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

Article 11

1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences. The law of the State requested shall apply in all cases.

2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

Article 12

Any Contracting State having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with its national law, furnish any relevant information in its possession to those States which it believes would be the States mentioned in Article 5, paragraph 1.

Article 13

Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning: (a) the circumstances of the offence; (b) the action taken pursuant to Article 10, paragraph 2; (c) the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings.

Article 14

1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation.

3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments.

Article 15

1. This Convention shall be open for signature at Montreal on 23 September 1971, by States participating in the International Conference on Air Law held at Montreal from 8 to 23 September 1971 (hereinafter referred to as the Montreal Conference). After 10 October 1971, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments.

3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in the Montreal Conference.

4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices.

6. As soon as this Convention comes into force, it shall be registered by the Depositary Governments pursuant to Article 102 of the Convention on International Civil Aviation (Chicago, 1944).

Article 16

1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments.

2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Convention.

DONE at Montreal, this twenty-third day of September, one thousand nine hundred and seventy-one, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

Third Schedule: Part II

List of reservations and declarations to the CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION, Montreal 23 September 1971

Algeria:

Reservation: “The People's Democratic Republic of Algeria does not consider itself bound by the provisions of articles 24.1, 12.1 and 14.1 respectively of the Tokyo, The Hague and Montreal Conventions, which provide for the mandatory referral of any dispute to the International Court of Justice. The People's Democratic Republic of Algeria states that in each case the prior consent of all the parties concerned shall be required in order to refer a dispute to the International Court of Justice.”

Bulgaria:

On 9 May 1994, a Note was deposited with the Government of the United States by the Government of Bulgaria whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 14 of the Convention. The withdrawal of the reservation took effect on 9 May 1994.

Cameroon:

“In accordance with the provisions of the Convention of 23 September 1971, for the Suppression of Unlawful Acts directed against the Security of Civil Aviation, the Government of the United Republic of Cameroon declares that in view of the fact that it does not have any relations with South Africa and Portugal, it has no obligation toward these two countries with regard to the implementation of the stipulations of the Convention.”

China:

The instrument of accession by the Government of the People's Republic of China contains the following declaration: “The Chinese Government declares illegal and null and void the signature and ratification of the above-mentioned Convention by the Taiwan authorities in the name of China”.

Denmark:

A notification was received by the Government of the United Kingdom from the Government of the Kingdom of Denmark whereby the latter withdraws, with effect from 1 June 1980, the reservation made at the time of ratification that this Convention should not apply to Greenland.

The Government of the United Kingdom subsequently received, on 21 September 1994, a notification from the Government of the Kingdom of Denmark whereby the latter withdraws, with effect from 1 October 1994, the reservation made at the time of ratification that this Convention should not apply to the Faroe Islands.

Hungary:

On 10 January 1990, instruments were deposited with the Government of the United Kingdom and the Government of the United States by the Government of Hungary whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 14 of the Convention. The withdrawal of the reservation took effect on 10 January 1990.

Kuwait:

It is understood that accession to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal, 1971, does not mean in any way recognition of Israel by the State of Kuwait. Furthermore, no treaty relation will arise between the State of Kuwait and Israel.

Morocco:

“In case of a dispute, all recourse must be made to the International Court of Justice on the basis of the unanimous consent of the parties concerned”.

Netherlands:

The Convention cannot enter into force for the Netherlands Antilles until thirty days after the date on which the Government of the Kingdom of the Netherlands shall have notified the depositary Governments that the necessary measures to give effect to the provisions of the Convention have been taken in the Netherlands Antilles.

On 11 June 1974, a declaration was deposited with the Government of the United States by the Government of the Kingdom of the Netherlands stating that in the interim the measures required to implement the provisions of the Convention have been taken in the Netherlands Antilles and, consequently, the Convention will enter into force for the Netherlands Antilles on the thirtieth day after the date of deposit of this declaration.

By a note dated 9 January 1986 the Government of the Kingdom of the Netherlands informed the Government of the United States that as of 1 January 1986 the Convention is applicable to the Netherlands Antilles (without Aruba) and to Aruba.

Oman:

Accession to the said Convention by the Government of the Sultanate of Oman does not mean or imply, and shall not be interpreted as recognition of Israel generally or in the context of this Convention.

Portugal:

By a Note dated 9 August 1999, the Government of the United Kingdom notified the International Civil Aviation Organization of the wish of the Government of Portugal to extend the Convention to the Territory of Macao, the extension taking effect on 19 July 1999.

By a Note dated 27 October 1999, the Government of Portugal advised the Government of the United Kingdom as follows:

“In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macao signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macao until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999.

From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macao.”

Republic of Korea:

The accession by the Government of the Republic of Korea to the present Convention does not mean in any way or imply the recognition of any territory or regime which has not been recognised by the Government of the Republic of Korea as a State or Government.

Saudi Arabia:

Approval by Saudi Arabia does not mean and could not be interpreted as recognition of Israel generally or in the context of this Convention.

United Arab Emirates:

“In accepting the said Convention, the Government of the United Arab Emirates takes the view that its acceptance of the said Convention does not in any way imply its recognition of Israel, nor does it oblige to apply the provisions of the Convention in respect of the said Country.”

United Kingdom:

The Convention is ratified “in respect of the United Kingdom of Great Britain and Northern Ireland and Territories under territorial sovereignty of the United Kingdom as well as the British Solomon Islands Protectorate”.

By a Note dated 20 November 1990, the Government of the United Kingdom declared that Anguilla has been included under the ratification of the Convention by that Government with effect from 7 November 1990.

Venezuela:

The instrument of ratification by the Government of Venezuela contains the following reservation regarding Articles 4, 7 and 8 of the Convention:

“Venezuela will take into consideration clearly political motives and the circumstances under which offences described in Article 1 of this Convention are committed, in refusing to extradite or prosecute an offender, unless financial extortion or injury to the crew, passengers, or other persons has occurred”.

The Government of the United Kingdom of Great Britain and Northern Ireland made the following declaration in a Note dated 6 August 1985 to the Department of State of the Government of the United States:

“The Government of the United Kingdom of Great Britain and Northern Ireland do not regard as valid the reservation made by the Government of the Republic of Venezuela insofar as it purports to limit the obligation under Article 7 of the Convention to submit the case against an offender to the competent authorities of the State for the purpose of prosecution”.

With reference to the above declaration by the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of Venezuela, in a Note dated 21 November 1985, informed the Department of State of the Government of the United States of the following:

“The reserve made by the Government of Venezuela to Articles 4, 7 and 8 of the Convention is based on the fact that the principle of asylum is contemplated in Article 116 of the Constitution of the Republic of Venezuela. Article 116 reads:

‘The Republic grants asylum to any person subject to persecution or which finds itself in danger, for political reasons, within the conditions and requirements established by the laws and norms of international law.’

It is for this reason that the Government of Venezuela considers that in order to protect this right, which would be diminished by the application without limits of the said articles, it was necessary to request the formulation of the declaration contemplated in Art. 2 of the Law approving the Convention for the Suppression of Unlawful Acts Against the Security (sic) of Civil Aviation”.

The Government of Italy made the following declaration in a Note dated 21 November 1985 to the Department of State of the Government of the United States:

“The Government of Italy does not consider as valid the reservation formulated by the Government of the Republic of Venezuela due to the fact that it may be considered as aiming to limit the obligation under Article 7 of the Convention to submit the case against an offender to the competent authorities of the State for the purpose of prosecution”.

Afghanistan, Bahrain, Belarus, Brazil, China, Egypt, Ethiopia, France, Guatemala, Indonesia, Malawi, Mongolia, Oman, Papua New Guinea, Peru, Poland, Qatar, Romania, Russian Federation, Saudi Arabia, South Africa, Syrian Arab Republic, Tunisia, Ukraine.

Reservation made with respect to paragraph 1 of Article 14 of the Convention.

Fourth Schedule: Part I

PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION

Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971 Done at Montreal on 24 February 1988

The States Parties to this Protocol

CONSIDERING that unlawful acts of violence which endanger or are likely to endanger the safety of persons at airports serving international civil aviation or which jeopardize the safe operation of such airports undermine the confidence of the peoples of the world in safety at such airports and disturb the safe and orderly conduct of civil aviation for all States;

CONSIDERING that the occurrence of such acts is a matter of grave concern to the international community and that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

CONSIDERING that it is necessary to adopt provisions supplementary to those of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, to deal with such unlawful acts of violence at airports serving international civil aviation;

Have Agreed as follows:

Article I

This Protocol supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971 (hereinafter referred to as “the Convention”), and, as between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument.

Article II

1. In Article 1 of the Convention, the following shall be added as new paragraph 1 bis:

“1 bis. Any person commits an offence if he unlawfully and intentionally, using any device, substance or weapon:

a. performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; or

b. destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupts the services of the airport,

if such an act endangers or is likely to endanger safety at that airport.”

2. In paragraph 2 (a) of Article 1 of the Convention, the following words shall be inserted after the words “paragraph 1”:

“or paragraph 1 bis”.

Article III

In Article 5 of the Convention, the following shall be added as paragraph 2 bis:

“2 bis. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 bis, and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to the State mentioned in paragraph 1 (a) of this Article.”

Article IV

This Protocol shall be open for signature at Montreal on 24 February 1988 by States participating in the International Conference on Air Law held at Montreal from 9 to 24 February 1988. After 1 March 1988, the Protocol shall be open for signature to all States in London, Moscow, Washington and Montreal, until it enters into force in accordance with Article VI.

Article V

1. This Protocol shall be subject to ratification by the signatory States.

2. Any State which is not a Contracting State to the Convention may ratify this Protocol if at the same time it ratifies or accedes to the Convention in accordance with Article 15 thereof.

3. Instruments of ratification shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America or with the International Civil Aviation Organization, which are hereby designated the Depositaries.

Article VI

1. As soon as ten of the signatory States have deposited their instruments of ratification of this Protocol, it shall enter into force between them on the thirtieth day after the date of the deposit of the tenth instrument of ratification. It shall enter into force for each State which deposits its instrument of ratification after that date on the thirtieth day after deposit of its instrument of ratification.

2. As soon as this Protocol enters into force, it shall be registered by the Depositaries pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).

Article VII

1. This Protocol shall, after it has entered into force, be open for accession by any non signatory State.

2. Any State which is not a Contracting State to the Convention may accede to this Protocol if at the same time it ratifies or accedes to the Convention in accordance with Article 15 thereof.

3. Instruments of accession shall be deposited with the Depositaries and accession shall take effect on the thirtieth day after the deposit.

Article VIII

1. Any Party to this Protocol may denounce it by written notification addressed to the Depositaries.

2. Denunciation shall take effect six months following the date on which notification is received by the Depositaries.

3. Denunciation of this Protocol shall not of itself have the effect of denunciation of the Convention.

4. Denunciation of the Convention by a Contracting State to the Convention as supplemented by this Protocol shall also have the effect of denunciation of this Protocol.

Article IX

1. The Depositaries shall promptly inform all signatory and acceding States to this Protocol and all signatory and acceding States to the Convention:

a. of the date of each signature and the date of deposit of each instrument of ratification of, or accession to, this Protocol, and

b. of the receipt of any notification of denunciation of this Protocol and the date thereof.

2. The Depositaries shall also notify the States referred to in paragraph I of the date on which this Protocol enters into force in accordance with Article VI.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Protocol.

DONE at Montreal on the twenty-fourth day of February of the year One Thousand Nine Hundred and Eighty-eight, in four originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

Fourth Schedule: Part II

List of Reservations and Declarations to the PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION

Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation

China:

Notification issued by the Government of the People's Republic of China dated 12 June 1997:

“It is provided both in Section XI of Annex 1 to the Joint Declaration, ‘Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong’, and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, ..., that international agreements to which the People's Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:

The Protocol..., which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997.

Within the above ambit, responsibility for the international rights and obligations of a party to the Protocol will be assumed by the Government of the People's Republic of China.”

The Government of the People's Republic of China made the following reservation at the time of ratification of the Protocol: “the reservation made by the People's Republic of China, when it adhered to the Convention, on paragraph 1 of Article 14 of the ‘Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation’ done at Montreal on 23 September 1971 is also applicable to this Protocol.”

Denmark:

The Government of Denmark made the following reservation at the time of ratification of the Protocol: “Until later decision, the Protocol will not be applied to the Faroe Islands.”

On 27 September 1994, a declaration dated 22 September 1994 was deposited with the International Civil Aviation Organization by the Government of Denmark whereby that Government withdraws the above reservation, with effect from 1 October 1994.

France:

The Government of France made the following declaration at the time of signature of the Protocol:

“The French Republic recalls the declaration made at the time of its accession to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September 1971, when it stated that: ‘In accordance with Article 14, paragraph 2, the French Republic does not consider itself bound by the provisions of paragraph 1 of that Article under which any dispute between two or more contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.’

The above declaration is applicable to the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September 1971.”

In addition, the following declaration was made by that Government at the time of ratification:

“In depositing its instrument of ratification of the Protocol of 24 February 1988 for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971, the French Republic recalls and confirms the declaration made at the time of its accession to the said Convention, when it stated that: ‘In accordance with Article 14, paragraph 2, the French Republic does not consider itself bound by the provisions of paragraph 1 of that Article under which any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation shall at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.’

The above declaration is applicable to the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September 1971.”

Kuwait:

It is understood that the ratification of this Protocol does not mean in any way a recognition of Israel by the Government of the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel.

Netherlands:

The Government of the Kingdom of the Netherlands made the following interpretative statement at the time of signature of the Protocol:

“The Government of the Kingdom of the Netherlands hereby declares that, in the light of the preamble, it understands the provisions laid down in Articles II and III of the Protocol to signify the following:

—  only those acts which, in view of the nature of the weapons used and the place where they are committed, cause or are likely to cause incidential loss of life or serious injury among the general public or users of international civil aviation in particular, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (a), as contained in Article II of the Protocol;

—  only those acts which, in view of the damage which they cause to buildings or aircraft at the airport or their disruption of the services provided by the airport, endanger or are likely to endanger the safe operation of the airport in relation to international civil aviation, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (b), as contained in Article II of the Protocol.”

On depositing its instrument of ratification, the Kingdom of the Netherlands made the following declaration:

“The Government of the Kingdom of the Netherlands hereby declares that, in the light of the preamble, it understands the provisions laid down in Article II and III of the Protocol to signify the following:

—  only those acts which, in view of the nature of the weapons used and the place where they are committed, cause or are likely to cause incidental loss of life or serious injury among the general public or users of international civil aviation in particular, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (a), as contained in Article II of the Protocol;

—  only those acts which, in view of the damage which they cause to buildings or aircraft at the airport or their disruption of the services provided by the airport, endanger or are likely to endanger the safe operation of the airport in relation to international civil aviation, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (b), as contained in Article II of the Protocol.”

United Kingdom:

The Government of the United Kingdom made the following declaration at the time of ratification of the Protocol: “... the United Kingdom declares that until consultations with various territories under the territorial sovereignty of the United Kingdom are completed, the Protocol will apply in respect of the United Kingdom of Great Britain and Northern Ireland only. Consultations with the territories are in hand and are expected to be completed by the end of 1991.”

Declaration made at the time of ratification by the Isle of Man: “... subsequent to the deposit of the United Kingdom's Instrument of Ratification in the Treaty Archives on 15 November 1990 The Isle of Man, for whose international relations the United Kingdom is responsible and whose Government has informed the Government of the United Kingdom that they wish to participate in the Protocol, has been included under the United Kingdom's ratification of the Protocol...to take effect from 14 February 1997.”

Statement issued by the Government of the United Kingdom of Great Britain and Northern Ireland, dated 18 June 1997:

“... in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Protocol to Hong Kong.”

Fifth Schedule: Part I

THE CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

Signed at Vienna on 3 March 1980

Entered into force on 8 February 1987

CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

THE STATES PARTIES TO THIS CONVENTION

RECOGNIZING the right of all States to develop and apply nuclear energy for peaceful purposes and their legitimate interests in the potential benefits to be derived from the peaceful application of nuclear energy,

CONVINCED of the need for facilitating international co-operation in the peaceful application of nuclear energy,

DESIRING to avert the potential dangers posed by the unlawful taking and use of nuclear material,

CONVINCED that offences relating to nuclear material are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures to ensure the prevention, detection and punishment of such offences,

AWARE OF THE NEED FOR international co-operation to establish, in conformity with the national law of each State Party and with this Convention, effective measures for the physical protection of nuclear material,

CONVINCED that this Convention should facilitate the safe transfer of nuclear material,

STRESSING also the importance of the physical protection of nuclear material in domestic use, storage and transport,

RECOGNIZING the importance of effective physical protection of nuclear material used for military purposes, and understanding that such material is and will continue to be accorded stringent physical protection,

HAVE AGREED as follows:

Article 1

For the purposes of this Convention:

a. “nuclear material” means plutonium except that with isotopic concentration exceeding 80% in plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue; any material containing one or more of the foregoing;

b. “uranium enriched in the isotope 235 or 233” means uranium containing the isotope 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature;

c. “international nuclear transport” means the carriage of a consignment of nuclear material by any means of transportation intended to go beyond the territory of the State where the shipment originates beginning with the departure from a facility of the shipper in that State and ending with the arrival at a facility of the receiver within the State of ultimate destination.

Article 2

1. This Convention shall apply to nuclear material used for peaceful purposes while in international nuclear transport.

2. With the exception of articles 3 and 4 and paragraph 3 of article 5, this Convention shall also apply to nuclear material used for peaceful purposes while in domestic use, storage and transport.

3. Apart from the commitments expressly undertaken by States Parties in the articles covered by paragraph 2 with respect to nuclear material used for peaceful purposes while in domestic use, storage and transport, nothing in this Convention shall be interpreted as affecting the sovereign rights of a State regarding the domestic use, storage and transport of such nuclear material.

Article 3

Each State Party shall take appropriate steps within the framework of its national law and consistent with international law to ensure as far as practicable that, during international nuclear transport, nuclear material within its territory, or on board a ship or aircraft under its jurisdiction insofar as such ship or aircraft is engaged in the transport to or from that State, is protected at the levels described in Annex I.

Article 4

1. Each State Party shall not export or authorize the export of nuclear material unless the State Party has received assurances that such material will be protected during the international nuclear transport at the levels described in Annex I.

2. Each State Party shall not import or authorize the import of nuclear material from a State not party to this Convention unless the State Party has received assurances that such material will during the international nuclear transport be protected at the levels described in Annex I.

3. A State Party shall not allow the transit of its territory by land or internal waterways or through its airports or seaports of nuclear material between States that are not parties to this Convention unless the State Party has received assurances as far as practicable that this nuclear material will be protected during international nuclear transport at the levels described in Annex I.

4. Each State Party shall apply within the framework of its national law the levels of physical protection described in Annex I to nuclear material being transported from a part of that State to another part of the same State through international waters or airspace.

5. The State Party responsible for receiving assurances that the nuclear material will be protected at the levels described in Annex I according to paragraphs 1 to 3 shall identify and inform in advance States which the nuclear material is expected to transit by land or internal waterways, or whose airports or seaports it is expected to enter.

6. The responsibility for obtaining assurances referred to in paragraph 1 may be transferred, by mutual agreement, to the State Party involved in the transport as the importing State.

7. Nothing in this article shall be interpreted as in any way affecting the territorial sovereignty and jurisdiction of a State, including that over its airspace and territorial sea.

Article 5

1. States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their central authority and point of contact having responsibility for physical protection of nuclear material and for co-ordinating recovery and response operations in the event of any unauthorized removal, use or alteration of nuclear material or in the event of credible threat thereof.

2. In the case of theft, robbery or any other unlawful taking of nuclear material or of credible threat thereof, States Parties shall, in accordance with their national law, provide co-operation and assistance to the maximum feasible extent in the recovery and protection of such material to any State that so requests. In particular:

a. a State Party shall take appropriate steps to inform as soon as possible other States, which appear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof and to inform, where appropriate, international organizations;

b. as appropriate, the States Parties concerned shall exchange information with each other or international organizations with a view to protecting threatened nuclear material, verifying the integrity of the shipping container, or recovering unlawfully taken nuclear material and shall:

i.    co-ordinate their efforts through diplomatic and other agreed channels;

ii.   render assistance; if requested;

iii.  ensure the return of nuclear material stolen or missing as a consequence of the above-mentioned events.

The means of implementation of this co-operation shall be determined by the States Parties concerned.

3. States Parties shall co-operate and consult as appropriate, with each other directly or through international organizations, with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear material in international transport.

Article 6

1. States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provisions of this Convention from another State Party or through participation in an activity carried out for the implementation of this Convention. If States Parties provide information to international organizations in confidence, steps shall be taken to ensure that the confidentiality of such information is protected.

2. States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardize the security of the State concerned or the physical protection of nuclear material.

Article 7

1. The intentional commission of:

a. an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property;

b. a theft of robbery of nuclear material;

c. an embezzlement or fraudulent obtaining of nuclear material;

d. an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation;

e. a threat:

i.  to use nuclear material to cause death or serious injury to any person or substantial property damage, or

ii  to commit an offence described in sub-paragraph (b) in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act;

f. an attempt to commit any offence described in paragraphs (a), (b) or (c); and

g. an act which constitutes participation in any offence described in paragraphs (a) to (f) shall be made a punishable offence by each State Party under its national law.

2. Each State Party shall make the offences described in this article punishable by appropriate penalties which take into account their grave nature.

Article 8

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 7 in the following cases;

a. when the offence is committed in the territory of that State or on board a ship or aircraft registered in that State;

b. when the alleged offender is a national of that State.

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is presented in its territory and it does not extradite him pursuant to article 11 to any of the States mentioned in paragraph 1.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

4. In addition to the States Parties mentioned in paragraphs 1 and 2, each State Party may, consistent with international law, establish its jurisdiction over the offences set forth in article 7 when it is involved in international nuclear transport as the exporting or importing State.

Article 9

Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take appropriate measures, including detention, under its national law to ensure his presence for the purpose of prosecution or extradition. Measures taken according to this article shall be notified without delay to the States required to establish jurisdiction pursuant to article 8 and, where appropriate, all other States concerned.

Article 10

The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

Article 11

1. The offences in article 7 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include those offences as extraditable offences in every future extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of those offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. State Parties which do not make extradition conditional on the existence of a treaty shall recognize those offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. Each of the offences shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States Parties required to establish their jurisdiction in accordance with paragraph 1 of article 8.

Article 12

Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 7 shall be guaranteed fair treatment at all stages of the proceedings.

Article 13

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in article 7, including the supply of evidence at their disposal necessary for the proceedings. The law of the State requested shall apply in all cases.

2. The provisions of paragraph 1 shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

Article 14

1. Each State Party shall inform the depositary of its laws and regulations which give effect to this Convention. The depositary shall communicate such information periodically to all States Parties.

2. The State Party where an alleged offender is prosecuted shall, wherever practicable, first communicate the final outcome of the proceedings to the States directly concerned. The State Party shall also communicate the final outcome to the depositary who shall inform all States.

3. Where an offence involves nuclear material used for peaceful purposes in domestic use, storage or transport, and both the alleged offender and the nuclear material remain in the territory of the State Party in which the offence was committed, nothing in this Convention shall be interpreted as requiring that State Party to provide information concerning criminal proceedings arising out of such an offence.

Article 15

The Annexes constitute an integral part of this Convention.

Article 16

1. A conference of States Parties shall be convened by the depositary five years after the entry into force of this Convention to review the implementation of the Convention and its adequacy as concerns the preamble, the whole of the operative part and the annexes in the light of the then prevailing situation.

2. At intervals of not less than five years thereafter, the majority of States Parties may obtain, by submitting a proposal to this effect to the depositary, the convening of further conferences with the same objective.

Article 17

1. In the event of a dispute between two or more States Parties concerning the interpretation or application of this Convention, such States Parties shall consult with a view to the settlement of the dispute by negotiation, or by any other peaceful means of settling disputes acceptable to all parties to the dispute.

2. Any dispute of this character which cannot be settled in the manner prescribed in paragraph 1 shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In case of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority.

3. Each State Party may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2, with respect to a State Party which has made a reservation to that procedure.

4. Any State Party which has made a reservation in accordance with paragraph 3 may at any time withdraw that reservation by notification to the depositary.

Article 18

1. This Convention shall be open for signature by all States at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York from 3 March 1980 until its entry into force.

2. This Convention is subject to ratification, acceptance or approval by the signatory States.

3. After its entry into force, this Convention will be open for accession by all States.

4. a. This Convention shall be open for signature or accession by international organizations and regional organizations of an integration or other nature, provided that any such organization is constituted by sovereign States and has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.

b. In matters within their competence, such organizations shall, on their own behalf, exercise the rights and fulfil the responsibilities which this Convention attributes to States Parties.

c. When becoming party to this Convention such an organization shall communicate to the depositary a declaration indicating which States are members thereof and which articles of this Convention do not apply to it.

d. Such an organization shall not hold any vote additional to those of its Member States.

5. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

Article 19

1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-first instrument of ratification, acceptance or approval with the depositary.

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

Article 20

1. Without prejudice to article 16 a State Party may propose amendments to this Convention. The proposed amendment shall be submitted to the depositary who shall circulate it immediately to all States Parties. If a majority of States Parties request the depositary to convene a conference to consider the proposed amendments, the depository shall invite all States Parties to attend such a conference to being not sooner than thirty days after the invitations are issued. Any amendment adopted at the conference by a two-thirds majority of all States Parties shall be promptly circulated by the depositary to all States Parties.

2. The amendment shall enter into force for each State Party that deposits its instrument of ratification, acceptance or approval of the amendment on the thirtieth day after the date on which two thirds of the States Parties have deposited their instruments of ratification, acceptance or approval with the depositary. Thereafter, the amendment shall enter into force for any other State Party on the day on which that State Party deposits its instrument of ratification, acceptance or approval of the amendment.

Article 21

1. Any State Party may denounce this Convention by written notification to the depositary.

2. Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the depositary.

Article 22

The depositary shall promptly notify all States of:

a. each signature of this Convention;

b. each deposit of an instrument of ratification, acceptance, approval or accession;

c. any reservation or withdrawal in accordance with article 17;

d. any communication made by an organization in accordance with paragraph 4(c) of article 18;

e. the entry into force of this Convention;

f. the entry into force of any amendment to this Convention; and

g. any denunciation made under article 21.

Article 23

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency who shall send certified copies thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Convention, opened for signature at Vienna and at New York on 3 March 1980.

ANNEX I

LEVELS OF PHYSICAL PROTECTION TO BE APPLIED IN INTERNATIONAL TRANSPORT OF NUCLEAR MATERIAL AS CATEGORIZED IN ANNEX II

1. Levels of physical protection for nuclear material during storage incidental to international nuclear transport include:

(a) For Category III materials, storage within an area to which access is controlled.

(b) For Category II materials, storage within an area under constant surveillance by guards or electronic devices, surrounded by a physical barrier with a limited number of points of entry under appropriate control or any area with an equivalent level of physical protection.

(c) For Category I material, storage within a protected area as defined for Category II above, to which, in addition, access is restricted to persons whose trustworthiness has been determined, and which is under surveillance by guards who are in close communication with appropriate response forces. Specific measures taken in this context should have as their object the detection and prevention of any assault, unauthorized access or unauthorized removal of material.

2. Levels of physical protection for nuclear material during international transport include:

(a) For Category II and III materials, transportation shall take place under special precautions including prior arrangements among sender, receiver, and carrier, and prior agreement between natural or legal persons subject to the jurisdiction and regulation of exporting and importing States, specifying time, place and procedures for transferring transport responsibility;

(b) For Category I materials, transportation shall take place under special precautions identified above for transportation of Category II and III materials, and in addition, under constant surveillance by escorts and under conditions which assure close communication with appropriate response forces;

(c) For natural uranium other than in the form of ore or ore-residue, transportation protection for quantities exceeding 500 kilograms U shall include advance notification of shipment specifying mode of transport, expected time of arrival and confirmation of receipt of shipment.

ANNEX II

TABLE: CATEGORIZATION OF NUCLEAR MATERIAL

Material

Form

Category

I

II

III (c)

1.

Plutonium (a)

Unirradiated (b)

2 kg or more

Less than 2 kg but more than 500g

500g or less but more than 15g

2.

Uranium-235

Unirradiated (b) — uranium enriched to 20% 235U or more

5kg or more

Less than 5 kg but more than 1kg

1kg or less but more than 15g

— uranium enriched to 10% 235U but less than 20%

10 kg or more

Less than 10kg but more than 1kg

— uranium enriched above natural, but less than 10% 235U

10kg or more

3.

Uranium-233

Unirradiated (b)

2 kg or more

Less than 2kg but more than 500g

500g or less but more than 15g

4.

Irradiated fuel

Depleted or natural uranium, thorium or low-enriched fuel (less than 10% fissile content) (d) (e)

a. All plutonium except that with isotopic concentration exceeding 80% in plutonium-238.

b. Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to or less than 100 rads/hour at one metre unshielded.

c. Quantities not falling in Category III and natural uranium should be protected in accordance with prudent management practice.

d. Although this level of protection is recommended, it would be open to States, upon evaluation of the specific circumstances, to assign a different category of physical protection.

e. Other fuel which by virtue of its original fissile material content is classified as Category I and II before irradiation may be reduced one category level while the radiation level from the fuel exceeds 100 rads/hour at one metre unshielded.

Fifth Schedule: Part II

CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

Declarations and reservations made upon expressing consent to be bound and objections thereto

Argentina:

“In accordance with the provisions of Article 17.3 of the Convention, Argentina does not consider itself bound by either of the dispute settlement procedures provided for in Article 17.2 of the Convention.”

Belarus:

“...does not consider itself bound by the provisions of Article 17, paragraph 2 of the Convention that any dispute concerning the interpretation or application of the Convention shall be submitted to arbitration or referred to the International Court of Justice at the request of any party to such dispute.”

China:

“China will not be bound by the two dispute settlement procedures as stipulated in Paragraph 2, Article 17 of the said Convention.”

Cuba:

“The Republic of Cuba declares with respect to the content of Article 17 of the Convention on the Physical Protection of Nuclear Material that any dispute that may arise concerning the interpretation or application of the Convention shall be settled by diplomatic means among the parties to the dispute. By the same token, it does not consider itself bound by the procedure involving the International Court of Justice”.

Cyprus:

“The Republic of Cyprus declares that in accordance with the provisions of Article 17.3 of the Convention Cyprus does not consider itself bound by either of the dispute settlement procedures provided for in Article 17.2 of the Convention”.

France:

“(1) In approving the Convention, the French Government expresses the following reservation: the offences described in sub-paragraphs 1(e) and 1(f) of Article 7 of the Convention shall be punished in accordance with the provisions of French penal legislation.

“(2) The French Government declares that the jurisdiction referred to in Article 8, paragraph 4 may not be invoked against it, since the criterion of jurisdiction based on involvement in international nuclear transport as the exporting or importing State is not expressly recognized in international law and is not provided for in French national legislation.

“(3) In accordance with Article 17, paragraph 3, France declares that it does not accept the competence of the International Court of Justice in the settlement of the disputes referred to in paragraph 2 of this article, nor that of the President of the International Court of Justice to appoint one or more arbitrators.”

Guatemala:

“The Republic of Guatemala does not consider itself bound by any of the dispute settlement procedures set out in paragraph 2 of Article 17 of the Convention, which provide for the submission of disputes to arbitration or their referral to the International Court of Justice for decision.”

Indonesia:

“The Government of the Republic of Indonesia does not consider itself bound by the provision of Article 17, paragraph 2 of this Convention and take the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all the parties to the dispute.”

Italy:

Confirms the reservations and declaration made upon signature.

Republic of Korea:

Confirms the reservation made upon signature.

Netherlands:

“With regard to the obligation to exercise jurisdiction referred to in Article 10 of the Convention on the Physical Protection of Nuclear Material, done at Vienna/New York on 3 March 1980, the Kingdom of the Netherlands makes the reservation, that in cases where the judicial authorities of the Netherlands are unable to exercise jurisdiction on the grounds of one of the principles referred to in Article 8, paragraph 1, of the Convention, the Kingdom shall be bound by this obligation only if it has received an extradition request from a Party to the Convention and the said request has been rejected.”

Pakistan:

“1. The Government of the Islamic Republic of Pakistan does not consider itself bound by paragraph 2 of Article 2, as it regards the question of domestic use, storage and transport of nuclear material beyond the scope of the said Convention.

2. The Government of the Islamic Republic of Pakistan does not consider itself bound by either of the dispute settlement procedures provided for in paragraph 2 of Article 17 of the said Convention.”

Peru:

“In accordance with the provisions of Article 17.3 of the Convention, Peru does not consider itself bound by any of the dispute settlement procedures provided for in the convention.”

A Note explaining the reservation reads as follows:

“The reservation made by Peru in the instrument of accession ... refers only to the dispute settlement procedures provided for in paragraph 2 of Article 17, in accordance with paragraph 3 of the same article.”

Russia:

Confirms the reservation made upon signature.

Spain:

“The Kingdom of Spain declares, in accordance with paragraph 3 of Article 17 of the Convention, that it does not consider itself bound by the procedure for the settlement of disputes stipulated in paragraph 2 of Article 17.”

Turkey:

Confirms the reservation made upon signature.

United Kingdom:

“...the Convention was extended to cover the Bailiwicks of Jersey and Guernsey and the Isle of Man with effect from 6 October 1991. The United Kingdom's Instrument of Ratification should accordingly be construed to extend to them.”

• Declarations and reservations made upon signature

Argentina:

“In accordance with the provision of Article 17.3, the Republic of Argentina does not consider itself bound by any of the arbitration procedures laid down in Article 17.2 of the Convention.”

France:

“Recalling its statement contained in document CPNM/90 of 25 October 1979, the French Government declares that the jurisdiction referred to in Article 8, paragraph 4 may not be invoked against it, since the criterion of jurisdiction based on involvement in international nuclear transport as the exporting or importing State is not expressly recognized in international law and is not provided for in French national legislation.”

“In accordance with Article 17, paragraph 3, France declares that it does not accept the competence of the International Court of Justice in the settlement of the disputes referred to in paragraph 2 of this article, nor that of the President of the International Court of Justice to appoint one or more arbitrators.”

Israel:

“In accordance with Article 17, paragraph 3, Israel declares that it does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of Article 17.”

Italy:

“1) In connection with Art. 4.2 Italy considers that if assurances as to the levels of physical protection described in annex I have not been received in good time the importing state party may take appropriate bilateral steps as far as practicable to assure itself that the transport will take place in compliance with the aforesaid levels.

“2) In connection with Art. 10 the last words ‘through proceedings in accordance with the laws of the state’ are to be considered as referring to the whole Article 10.

“Italy considers that international co-operation and assistance for physical protection and recovery of nuclear materials as well as criminal rules and extradition will apply also to the domestic use, storage and transport of nuclear material used for peaceful purposes. Italy also considers that no provision contained in this convention shall be interpreted as precluding the possibility to widen the scope of the convention at the review conference foreseen in Art. 16.”

Republic of Korea:

“...the Government of the Republic of Korea does not consider itself bound by the dispute settlement procedures provided for in Paragraph 2 of Article 17.”

Romania:

“The Socialist Republic of Romania declares that it does not consider itself bound by the provisions of Article 17, paragraph 2 of the Convention on the Physical Protection of Nuclear Material, which state that any dispute concerning the interpretation or application of the Convention which cannot be settled by negotiation or by any other peaceful means of settling disputes shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision.

“The Socialist Republic of Romania considers that such disputes can be submitted to arbitration or to the International Court of Justice only with the consent of all parties to the dispute in each individual case.

“In signing the Convention on the Physical Protection of Nuclear Material, the Socialist Republic of Romania declares that, in its interpretation, the provisions of Article 18, paragraph 4 refer exclusively to organizations to which the Member States have transferred competence to negotiate, conclude and apply international agreements on their behalf and to exercise the rights and fulfil the responsibilities entailed by such agreements including the right to vote.”

Russia:

“The Union of Soviet Socialist Republics does not consider itself bound by the provisions of Article 17, paragraph 2 of the Convention that any dispute concerning the interpretation or application of the Convention shall be submitted to arbitration or referred to the International Court of Justice at the request of any party to such dispute.”

South Africa:

“In accordance with Article 17, paragraph 3, the Republic of South Africa declares that it does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of Article 17.”

Spain:

“...in accordance with paragraph 3 of Article 17 of the Convention, Spain does not consider itself bound by the procedure for the settlement of disputes stipulated in paragraph 2 of Article 17.”

Turkey:

“Turkey, in accordance with Article 17, Paragraph 3, of the Convention does not consider itself bound by Article 17, Paragraph 2 of the Convention.”

Sixth Schedule: Part I

UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

Adopted by the Conference at its 6th plenary meeting, on 19 December 1988

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,

Recognizing the need to reinforce and supplement the measures provided in the Single Convention on Narcotic Drugs, 1961, that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961, and the 1971 Convention on Psychotropic Substances, 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, broker-age, 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, attempts 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 facts 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 or 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 mutilateral 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, public order 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 mutal 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 amount 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 contain ing 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 Multi-disciplinary 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, 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.

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.

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.

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.

Sixth Schedule: Part II

Declarations and Reservations to the UNITED NATIONS CONVENTIONS AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, 1988

(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession, acceptance, approval, formal confirmation or succession. For objections thereto, see hereinafter.)

Algeria:

Reservation:

The People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 32, paragraph 2, the compulsory referral of any dispute to the International Court of Justice.

The People's Democratic Republic of Algeria declares that for a dispute to be referred to the International Court of Justice the agreement of all the parties to the dispute is necessary in each case.

Andorra:

Reservation:

With respect to the option provided in paragraph 4 of article 32, the Andorran State does consider itself bound by the provisions of paragraphs 2 and 3 of this article.

With respect to paragraph 2, the Andorran State considers that any dispute which cannot be settled in the manner prescribed in paragraph 1 of the aforementioned article will be referred to the International Court of Justice only with the agreement of all parties involved in the dispute.

Declaration:

Since the Andorran legal system already embodies almost all the measures referred to in the Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, accession to the aforementioned Convention will entail only minor changes in the Andorran State's legal system, which will be taken into account in the future legislative activity. From the point of view of the rights and obligations arising from accession to this Convention, without renouncing the specific characteristics of its domestic legislation, in particular with respect to the protection of individual freedoms and the rights of bona fide third parties, and to the preservation of national sovereignty and the common good, Andorra undertakes to assume the obligations among States arising from the Vienna Convention and to cooperate, through its judicial authorities and on the basis of reciprocity, with the other States which have accepted the provisions of the aforementioned Convention.

Austria:

Declarations:

“re. Art. 2:

The Republic of Austria interprets the reference to the fundamental provisions of domestic legislative systems in art. 2 para 1 in the sense that the contents of these fundamental provisions may be subject to change. The same applies to all other references of the Convention to domestic law, its fundamental principles or the national constitutional order like they are contained in art. 3 para 1 lit.c; para 2, para 10 and para 11; art. 5 para 4 lit.c; para 7 and para 9 or art. 11 para 1.

re. Art. 3:

The Republic of Austria interprets art. 3 para 1 and 2 as follows: In cases of a minor nature, the obligations contained in this provision may also be implemented by the creation of administrative penal regulations providing adequate sanction for the offences enumerated therein.

re. Art. 7 para 10 to 12:

The Republic of Austria declares that in pursuance of its domestic law, a request for the search of persons or rooms, for the seizure of objects or for the surveillance of telecommunication requires the enclosure of the certified copy or photocopy of the decision of the competent authority. If the decision has not been rendered by a court, a declaration of the authority requesting legal assistance has to be furnished, stating that all necessary preconditions are fulfilled, according to the law of the requesting state.”

Bahrain:

Reservation:

The State of Bahrain, by the ratification of this Convention, does not consider itself bound by paragraph (2) of article 32 in connection with the obligation to refer the settlement of the dispute relating to the interpretation or application of this Convention to the International Court of Justice.

Declaration:

Moreover, the State of Bahrain hereby declares that its ratification of this Convention shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith.

Belize:

Reservation:

“Article 8 of the Convention requires the Parties to give consideration to the possibility of transferring to one another proceedings for criminal prosecution of certain offences where such transfer is considered to be in the interests of a proper administration of justice.

“The courts of Belize have no extra-territorial jurisdiction, with the result that they will have no jurisdiction to prosecute offences committed abroad unless such offences are committed partly within and partly without the jurisdiction, by a person who is within the jurisdiction. Moreover, under the Constitution of Belize, the control of public prosecutions is vested in the Director of Public Prosecutions, who is an independent functionary and not under Government control.

“Accordingly, Belize will be able to implement article 8 of the Convention only to a limited extent insofar as its Constitution and the law allows.”

Bolivia:

Reservation made upon signature and confirmed upon ratification:

The Republic of Bolivia places on record its express reservation to article, 3, paragraph 2, and declares the inapplicability to Bolivia of those provisions of that paragraph which could be interpreted as establishing as a criminal offence the use, consumption, possession, purchase or cultivation of the coca leaf for personal consumption.

For Bolivia such an interpretation of that paragraph is contrary to principles of its Constitution and basic concepts of its legal system which embody respect for the culture, legitimate practices, values and attributes of the nationalities making up Bolivia's population.

Bolivia's legal system recognizes the ancestral nature of the licit use of the coca leaf which, for much of Bolivia's population, dates back over centuries. In formulating this reservation, Bolivia considers that:

— The coca leaf is not, in and of itself, a narcotic drug or psychotropic substance;

— The use and consumption of the coca leaf do not cause psychological or physical changes greater than those resulting from the consumption of other plants and products which are in free and universal use;

— The coca leaf is widely used for medicinal purposes in the practice of traditional medicine, the validity of which is upheld by WHO and confirmed by scientific findings;

— The coca leaf can be used for industrial purposes;

— The coca leaf is widely used and consumed in Bolivia, with the result that, if such an interpretation of the above-mentioned paragraph was accepted, a large part of Bolivia's population could be considered criminals and punished as such, such an interpretation is therefore inapplicable;

— It must be placed on record that the coca leaf is transformed into cocaine paste, sulphate and hydrochlorate when it is subjected to chemical processes which involve the use of precursors, equipment and materials which are neither manufactured in or originate in Bolivia.

At the same time, the Republic of Bolivia will continue to take all necessary legal measures to control the illicit cultivation of coca for the production of narcotic drugs, as well as the illicit consumption, use and purchase of narcotic drugs and psychotropic substances.

Brazil:

Upon signature:

a) The signature of the Convention is made subject to the process of ratification established by the Brazilian Constitution;

b) It is the understanding of the Brazilian Government that paragraph 11 of article 17 does not prevent a coastal State from requiring prior authorization for any action under this article by other States in its Exclusive Economic Zone.”

Brunei Darussalam:

Reservation:

“In accordance with article 32 of the Convention Brunei Darussalam hereby declares that it does not consider itself bound by paragraphs 2 and 3 of the said article 32.”

China:

Declaration made upon signature and confirmed upon ratification:

Under the Article 32, paragraph 4, China does not consider itself bound by paragraphs 2 and 3 of that article.

Colombia:

Upon signature:

Colombia formulates a reservation to article 9, paragraph 1, of the Convention, specifically subparagraphs (b), (c), (d) and (e) thereof, since its legislation does not permit outside co-operation with the judiciary in investigating offences nor the establishment of joint teams with other countries to that end. Likewise inasmuch as samples of the substances that have given rise to investigations belong to the proceedings, only the judge, as previously, can take decisions in that regard.

Upon ratification:

Reservations:

1. Colombia is not bound by article 3, paragraph 6 and 9, or article 6 of the Convention since they contravene article 35 of the Political Constitution of Colombia regarding the prohibition on extraditing Colombians by birth.

2. With respect to article 5, paragraph 7, of the Convention, Colombia does not consider itself bound to reverse the onus of proof.

3. Colombia has reservations in connection with article 9, paragraphs 1 (b), (c), (d) and (e), inasmuch as they conflict with the autonomy and independence of the judicial authorities in their jurisdiction over the investigation and judgement of offences.

Declarations:

1. No provision of the Convention may be interpreted as obliging Colombia to adopt legislative, judicial, administrative or other measures that might impair or restrict its constitutional or legal system or that go beyond the terms of the treaties to which the Colombian State is a contracting party.

2. It is the view of Colombia that treatment under the Convention of the cultivation of the coca leaf as a criminal offence must be harmonized with a policy of alternative development, taking into account the rights of the indigenous communities involved and the protection of the environment. In this connection it is the view of Colombia that the discriminatory, inequitable and restrictive treatment accorded its agricultural export products on international markets does nothing to contribute to the control of illicit crops, but, rather, is a cause of social and environmental degradation in the areas affected. Further, Colombia reserves the right to make an independent evaluation of the ecological impact of drug control policies, since those that have a negative impact on ecosystems contravene the Constitution.

3. It is the understanding of Colombia that article 3, paragraph 7, of the Convention will be applied in accordance with its penal system, taking into account the benefits of its policies regarding the indictment of and collaboration with alleged criminals.

4. A request for reciprocal legal assistance will not be met when the Colombian judicial and other authorities consider that to do so would run counter to the public interest or the constitutional or legal order. The principle of reciprocity must also be observed.

5. It is the understanding of Colombia that article 3, paragraph 8, of the Convention does not imply the non-applicability of the statutory limitation of penal action.

6. Article 24 of the Convention, on “more strict or severe measures”, may not be interpreted as conferring on the Government powers that are broader than those conferred by the Political Constitution of Colombia, including in states of exception.

7. It is the understanding of Colombia that the assistance provided for under article 17 of the Convention will be effective only on the high seas and at the express request and with the authorization of the Colombian Government.

8. Colombia declares that it considers contrary to the principles and norms of international law, in particular those of sovereign equality, territorial integrity and non-intervention, any attempt to abduct or illegally deprive of freedom any person within the territory of one State for the purpose of bringing that person before the courts of another State.

9. It is the understanding of Colombia that the transfer of proceedings referred to in article 8 of the Convention will take place in such a way as not to impair the constitutional guarantees of the right of defence. Further, Colombia declares with respect to article 6, paragraph 10, of the Convention that, in the execution of foreign sentences, the provisions of article 35, paragraph 2, of its Political Constitution and other legal and constitutional norms must be observed.

The international obligations deriving from article 3, paragraphs 1 (c) and 2, as well as from article 11 are conditional on respect for Colombian constitutional principles and the above three reservations and nine declarations making the Convention compatible with the Colombian constitutional order.

Cuba:

Declaration:

The Government of the Republic of Cuba declares that it does not consider itself bound by the provisions of article 32, paragraphs 2 and 3, and that disputes which arise between the Parties should be settled by negotiation through the diplomatic channel.

Cyprus:

Upon signature:

“[Signature is effected] subject to ratification, at the time of which reservations in respect of specific provisions of the Convention may be made and deposited in the prescribed manner. [It is understood] that such reservations, if any, cannot be incompatible with the object and purpose of this Convention.”

Upon ratification:

Declaration:

“As a result of the occupation of 37 per cent of the territory of the Republic of Cyprus, which since 1974 is occupied by Turkish troops in violation of the United Nations Charter and of basic principles of international law, the Government of the Republic of Cyprus is prevented from exercising its legitimate control and jurisdiction throughout the territory of the Republic of Cyprus and consequently over those activities in the illegally occupied area which are related to illicit drug trafficking.”

Denmark:

Declarations:

“The Convention shall not apply to the Faroe Islands and Greenland.”

With regard to article 17:

“Authorization granted by Danish authority pursuant to article 17 denotes only that Denmark will abstain from pleading infringement of Danish sovereignty in connection with the requesting State's boarding of a vessel. Danish authorities cannot authorize another State to take legal action on behalf of the Kingdom of Denmark.”

France:

Reservations:

The Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 2, and declares that any dispute relating to the interpretation or application of the Convention which cannot be settled in the manner prescribed in paragraph 1 of the said article may not be referred to the International Court of Justice unless all the parties to the dispute agree thereto.

Similarly, the Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 3.

Germany:

Declaration:

It is the understanding of the Federal Republic of Germany that the basic concepts of the legal system referred to in article 3, paragraph 2 of the Convention may be subject to change.

Indonesia:

Reservation:

“The Republic of Indonesia [...] does not consider itself bound by the provision of article 32 paragraphs (2) and (3), and take the position that disputes relating to the interpretation and application [of] the Convention which have not been settled through the channel provided for in paragraph (1) of the said article, may be referred to the International Court of Justice only with the consent of the Parties to the dispute.”

Iran (Islamic Republic of):

Upon signature:

“The Government of the Islamic Republic of Iran wishes to express reservation to article 6, paragraph 3, of the Convention, since this provision is incompatible with our domestic law.

“The Government furthermore wishes to make a reservation to article 32, paragraphs 2 and 3, since it does not consider itself bound to compulsory jurisdiction of the International Court of Justice and feels that any disputes arising between the Parties concerning the interpretation or application of the Convention should be resolved through direct negotiations by diplomatic means.”

Kuwait:

Reservation:

With reservation as to paragraphs (2) and (3) of article 32 of this Convention.

Lebanon:

Reservations:

1. The Government of the Lebanese Republic does not consider itself bound by the provisions of article 32, paragraph 2, and declares that disputes relating to the interpretation or application of the Convention which are not settled by the means prescribed in paragraph 1 of that article shall be referred to the International Court of Justice only with the agreement of all of the Parties to the dispute.

Similarly, the Government of the Lebanese Republic does not consider itself bound by the provisions of article 32, paragraph 3.

2. The Government of the Lebanese Republic has reservations regarding article 5, paragraph 3, regarding article 7, paragraph 2 (f), and regarding article 7, paragraph 5, of the Convention.

Lithuania:

Declaration:

“In accordance with article 6 of the said Convention the Republic of Lithuania declares that this Convention shall not be the legal basis for extradition of the Lithuanian citizens as it is provided in the Constitution of the Republic of Lithuania.”

Reservation:

“In accordance with paragraph 4 of article 32 of the said Convention the Republic of Lithuania will not apply provisions of paragraph 2 and 3 of article 32, referring to the disputes relating to the interpretation or application of this Convention to the International Court of Justice.”

Malaysia:

Declaration:

“The Government of Malaysia does not consider itself bound by paragraphs 2 and 3 of article 32 of the said Convention, wherein if there should arise between two or more Parties a dispute and such dispute cannot be settled in the manner prescribed in paragraph 1 of article 32 of the Convention, Malaysia is not bound to refer the dispute to the International Court of Justice for decision.”

Myanmar:

Reservations:

“The Government of the Union of Myanmar wishes to express reservation on article 6 relating to extradition and does not consider itself bound by the same in so far as its own Myanmar nationals are concerned.”

“The Government further wishes to make a reservation on article 32, paragraphs 2 and 3 and does not consider itself bound by obligations to refer the disputes relating to the interpretation or application of this Convention to the International Court of Justice.”

Netherlands:

Upon signature:

Understanding:

“1. Article 1 — Definition of Illicit Traffic

During the initial stages of this Conference, [the Government of the Netherlands] proposed to amend articles 15, 17, 18 and 19 (final numbering) in order to replace the generic phrase ‘illicit traffic’ by more specific language (e.g., ‘illicit transport’).

“To some extent the underlying concerns have been met by the introduction in Article 15 of a specific reference to the ‘offences established in accordance with Article 3, paragraph 2’. On the other hand, articles 17, 18 and 19 still contain references to ‘illicit traffic in narcotic drugs, psychotropic substances and substances in table I and table II’.

“It is the understanding [of the Government of the Netherlands] that, given the scope of these articles, the term ‘illicit traffic’ has to be understood in a limited sense, in each case taking into account the specific context. In applying these articles, [it] would therefore have to rely on the chapeau of article 1, allowing for a contextual application of the relevant definition.

“2. Article 3

(a) [The Government of the Netherlands] notes with respect to article 3, paragraph 2 (subparagraph (b) (i) and (ii), and subparagraph (c) (i)) that the Drafting Committee has replaced the terms ‘knowing that such property is derived from an offence or offences set forth in paragraph 2’ by: ‘knowing that such property is derived from an offence or offences established in accordance with paragraph 1’. [The Government of the Netherlands] accepts this change with the understanding that this does not affect the applicability of the paragraphs referred to in cases where the offender knows that property is derived from an offence or offences that may have been established and committed under the jurisdiction of a foreign State.

(b) With respect of article 3, paragraph 6, [the Government of the Netherlands] notes that its provisions cover offences established both under paragraph 1 and paragraph 2. In view of the provisions of paragraph 4 (d) and paragraph 11 of the same article, [the Government of the Netherlands] understands that the measure of discretionary legal powers relating to the prosecution for offences established in accordance with paragraph 2 may in practice be wider than for offences established in accordance with paragraph 1.

(c) With respect to article 3, paragraphs 7 and 8, it is the understanding of [the Government of the Netherlands] that these provisions do not require the establishment of specific rules and regulations on the early release of convicted persons and the statute of limitations in respect of offences, covered by paragraph 1 of the article, which are different from such rules and regulations in respect of other, equally serious, offences. Consequently, it is [the Government's] understanding that the relevant legislation presently in force within the Kingdom sufficiently and appropriately meets the concerns expressed by the terms of these provisions.

“Article 17

[The Government of the Netherlands] understands the reference (in para. 3) to ‘a vessel exercising freedom of navigation’ to mean a vessel navigating beyond the external limits of the territorial sea.

“The safeguard-clause contained in para. 11 of the article aims in [its] view at safeguarding the rights and obligations of Coastal States within the contiguous zone.

“To the extent that vessels navigating in the contiguous zone act in infringement of the Coastal State's customs and other regulations, the Coastal State is entitled to exercise, in conformity with the relevant rules of the international law of the sea, jurisdiction to prevent and-or punish such infringement.”

Upon acceptance:

Reservation:

“The Government of the Kingdom of the Netherlands accepts the provisions of article 3, paragraphs 6, 7, and 8, only in so far as the obligations under these provisions are in accordance with Dutch criminal legislation and Dutch policy on criminal matters.”

The signature was affixed for the Kingdom in Europe, the Netherlands Antilles and Aruba. The instrument of acceptance specifies that it is for the Kingdom in Europe. As from 10 March 1999: for the Netherlands Antilles and Aruba with the following reservation: “The Government of the Kingdom of the Netherlands accepts the provisions of article 3, paragraph 6, 7 and 8, only in so far as the obligations under these provisions are in accordance with Netherlands Antillean and Aruban criminal legislation and Netherlands Antillean and Aruban policy on criminal matters.”

Panama:

Reservation:

The Republic of Panama does not consider itself obligated to apply the measures of confiscation or seizure provided for in article 5, paragraphs 1 and 2, of the Convention to property the value of which corresponds to that of the proceeds derived from offences established in accordance with the said Convention, in so far as such measures would contravene the provisions of article 30 of the Constitution of Panama, under which there is no penalty of confiscation of property.

Peru:

Upon signature:

Peru formulates an express reservation to paragraph 1 (a) (ii) of article 3, concerning offences and sanctions; that paragraph includes cultivation among the activities established as criminal offences, without drawing the necessary clear distinction between licit and illicit cultivation. Accordingly, Peru also formulates an express reservation to the scope of the definition of illicit traffic contained in article 1 in so far as it refers to article 3, paragraph 1 (a) (ii).

In accordance with the provisions of article 32, paragraph 4, Peru declares, on signing the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, that it does not consider itself bound by article 32, paragraphs 2 and 3, since, in respect of this Convention, it agrees to the referral of disputes to the International Court of Justice only if all the parties, and not just one, agree to such a procedure.

Philippines:

On 24 July 1997, the Government of the Philippines informed the Secretary-General that “The Philippines, does not consider itself bound by the mandatory jurisdiction of the International Court of Justice as provided for in article 32, paragraph 2 of the same Convention.”

Portugal:

On 7 July 1999, the Government of Portugal informed the Secretary-General that the Convention would apply to Macau.

Subsequently, the Secretary General received, on 18 November 1999, from the Government of Portugal, the following communication:

“In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999.

From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macau.”

San Marino:

Declaration:

“[The Republic of San Marino declares] that any confiscation activity under article 5 is subject to the fact that the crime is considered as such also by San Marino legal system.

Moreover, it declares that the establishment of “joint teams” and “liaison officers”, under article 9, item 1, letter c) and d), as well as “controlled delivery” under article 11 of the [...] Convention, are not provided for by San Marino legal system.”

Saudi Arabia:

Declarations:

1. The Kingdom of Saudi Arabia does not regard itself bound by article 32, paragraphs 2 and 3, of the Convention;

2. This ratification does not constitute recognition of Israel and shall not give rise to entry with it into any dealings or to the establishment with it of any relations under the Convention.

Singapore:

Declaration:

“With respect to article 6 paragraph 3, the Republic of Singapore declares that it shall not consider the Convention as the legal basis for extradition in respect of any offence to which article 6 applies.”

Reservation:

“The Republic of Singapore declares, in pursuance of article 32, paragraph 4 of the Convention that it will not be bound by the provisions of article 32, paragraphs 2 and 3.”

Sweden:

Declaration:

“Regarding article 3, paragraph 10, Swedish constitutional legislation on extradition implies that in judging whether a specific offence is to be regarded as a political offence, regard shall be paid to the circumstances in each individual case.”

Syrian Arab Republic:

Declaration:

The accession to this Convention shall not constitute a recognition of Israel or lead to any kind of intercourse with it.

Turkey:

Reservation:

Pursuant to paragraph 4 of article 32 of [said Convention], the Republic of Turkey is not bound by paragraphs 2 and 3 of article 32 of the Convention.

United Kingdom of Great Britain and Northern Ireland:

Reservation:

“The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under article 7, paragraph 18, where this is specifically requested by the person to whom the immunity would apply or by the authority designated, under article 7, paragraph 8, of the Party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of the United Kingdom consider that to do so would be contrary to the public interest.”

On 2 December 1993, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Convention would apply to the Isle of Man with the following reservation:

“The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under article 7, paragraph 18, in relation to the Isle of Man, where this is specifically requested by the person to whom the immunity would apply or by the authority designated under article 7, paragraph 8 of the party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of the Isle of Man consider that to do so would be contrary to the public interest.”

Subsequently, in a notification received on 8 February 1995, the Government of the United Kingdom notified the Secretary-General that the Convention should apply, as from that same date, to the following territories: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Monserrat and Turks and Caicos Islands.

In this regard, on 6 August 1996, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland, the following communication:

“...In relation to the aforementioned Territories the granting of immunity under article 7, paragraph 18, of the said Convention will only be considered where this is specifically requested by the person to whom the immunity would apply or by the authority designated, under article 7, paragraph 8, of the Party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of the Territory in question consider to do so would be contrary to the public interest.”

Further, on 15 May and 7 July 1997, respectively, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Convention shall extend to Hong Kong (see also note 1) and the Bailiwick of Jersey. The application of the Convention to the Bailiwick of Jersey is subject to the following reservation:

(1) article 7, paragraph 18 (Reservation)

“The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under article 7, paragraph 18, in relation to Jersey, where this is specifically requested by the person to whom the immunity would apply or by the authority designated under article 7, paragraph 8 of the party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of Jersey consider that to do so would be contrary to the public interest.”

United Republic of Tanzania:

Upon signature:

“Subject to a further determination on ratification, the United Republic of Tanzania declares that the provisions of article 17 paragraph 11 shall not be construed as either restraining in any manner the rights and privileges of a coastal State as envisaged by the relevant provisions relating to the Economic Exclusive Zone of the Law of the Sea Convention, or, as according third parties rights other than those so recognized under the Convention.”

United States of America:

Understandings:

“(1) Nothing in this Treaty requires or authorizes legislation or other action by the United States of America prohibited by the Constitution of the United States.

“(2) The United States shall not consider this Convention as the legal basis for extradition of citizens to any country with which the United States has no bilateral extradition treaty in force.

“(3) Pursuant to the rights of the United States under article 7 of this treaty to deny requests which prejudice its essential interests, the United States shall deny a request for assistance when the designated authority, after consultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, has specific information that a senior government official who will have access to information to be provided under this treaty is engaged in or facilitates the production or distribution of illegal drugs.”

Declaration:

“Pursuant to article 32(4), the United States of America shall not be bound by article 32(2).”

Venezuela:

Interpretative declarations:

1. With respect to article 6: (Extradition)

It is the understanding of the Government of Venezuela that this Convention shall not be considered a legal basis for the extradition of Venezuelan citizens, as provided for in the national legislation in force.

2. With respect to article 11: (Controlled Delivery)

It is the understanding of the Government of Venezuela that publicly actionable offences in the national territory shall be prosecuted by the competent national police authorities and that the controlled delivery procedure shall be applied only in so far as it does not contravene national legislation in this matter.

Viet Nam:

Reservations:

“Reservations to article 6 on Extradition, article 32 paragraph 2 and paragraph 3 on Dispute settlement.”

Yemen:

Upon signature:

[Yemen reserves its] right to enter reservations in respect of such articles as it may see fit at a time subsequent to this signature.

China and United Kingdom:

On 6 June 1997 the Government of China notified the Secretary General of the following:

In accordance with the declaration of the Governments of the People's Republic of China and the United Kingdom of Great Britain and Northern Ireland on the question of Hong Kong signed on 19 December 1984, the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibility of the Central People's Government of the People's Republic of China.

The [said Convention], which the Government of the People's Republic of China ratified on 18 April 1983, will apply to Hong Kong Special Administrative Region with effect from 1 July 1997

The notification also contained the following declaration: The reservation to Article 9 of the said Convention made by the Government of the People's Republic of China will also apply to the Hong Kong Special Administrative Region.

The Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Convention to the Hong Kong Special Administrative Region.

Subsequently, on 10 June 1997, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary General of the following: “In accordance with joint declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the said Convention to Hong Kong.”

Objections

(Unless otherwise indicated, the objections were received upon ratification, accession, acceptance, approval, formal confirmation or succession.)

Austria:

16 December 1998

With regard to the reservation to article 6 made by Viet Nam upon accession:

“Austria is of the view that the reservation raises doubts as to its ratification of the mentioned treaty. Austria is of the view that the reservation raises doubts as to its compatibility with the object and purpose of the Convention concerned, in particular the fundamental principle that perpetrators of drug-related crime should be brought to justice, regardless of their whereabouts. Non-acceptance of this principle would undermine the effectiveness of the [said] Convention.

“Austria therefore objects to the reservation. This objection does not preclude the entry into force of the [said] Convention between Austria and Vietnam.”

Germany, Italy:

16 December 1998

With regard to the reservation to article 6 made by Viet Nam upon accession:

These States “consider this reservation to be problematic in the light of the object and purpose of the Convention. The reservation made in respect of article 6 is contrary to the principle of aut dedere au iudicare” which provides that offences are brought before the court or that extradition is granted to the requesting State.

The Government of the Federal Republic of Germany, and Italy are “therefore of the opinion that the reservation jeopardizes the intention of the Convention, as stated in article 2 paragraph 1, to promote cooperation among the parties so that they may address more effectively the international dimension of illicit drug trafficking.

“The reservation may also raise doubts as to the commitment of the Government of the Socialist Republic of Viet Nam to comply with fundamental provisions of the Convention. It is in the common interest of states that international treaties which they have concluded are respected, as to their object and purpose, and that all parties are prepared to undertake any legislative and administrative changes necessary to comply with their obligations.

The Government of the Federal Republic of Germany, and Italy, therefore objects to the reservation.

“This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and Italy, and the Socialist Republic of Viet Nam.”

Finland:

25 April 1997

In a communication received on 15 January 1999, the Government of Finland notified the Secretary-General of the following:

“The Government of Finland is of the view that [this reservation] raise[s] doubts as to [its] compatibility with the object and purpose of the [Convention] concerned, in particular the [reservation] to article 6, paragraphs 2 and 9. According to the Vienna Convention on the Law of Treaties, and well-established customary international law, a reservation contrary to the object and purpose of the treaty shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become Parties are respected as to their object and purpose by all Parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

The Government of Finland therefore objects to [this reservation] made by the Government of Viet Nam to the [Convention].

This objection does not preclude the entry into force of the [Convention] between Viet Nam and Finland. The [Convention] will thus become operative between the two States without Viet Nam benefitting from [this reservation].”

Israel:

With respect to the Kuwaiti declaration, the Secretary General received on 14 May 1990 from the Government of Israel the following communications: “The Government of the State of Israel has noted the political character of the statement made by the Government of Kuwait. In the view of the Government of the State of Israel, this Convention is not the proper place for making such political pronouncements. Moreover, the said declaration cannot in any way affect whatever obligations are binding upon Kuwait under general international law or under particular conventions. The Government of the State of Israel will, insofar as concerns the substance of the matter, adopt towards the Government of Kuwait an attitude of complete reciprocity.”

Subsequently, the Secretary-General received from the Government of Israel an objection, identical in essence, mutatis mutandis, with regard to a reservation made by Bahrain.

Mexico:

10 July 1990

With regard to the interpretative declarations made by the United States of America:

The Government of the United Mexican States considers that the third declaration submitted by the Government of the United States of America (...) constitutes a unilateral claim to justification, not envisaged in the Convention, for denying legal assistance to a State that requests it, which runs counter to the purposes of the Convention. Consequently, the Government of the United Mexican States considers that such a declaration constitutes a reservation to which it objects.

This objection should not be interpreted as impeding the entry into force of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 as between the Government of the United Mexican States and the Government of the United States of America.

Sweden:

14 December 1998

With regard to the reservation made by Viet Nam upon accession:

“...The Government of Sweden is of the view that the reservation made by the Government of Viet Nam regarding article 6, may raise doubts as to the commitment of Viet Nam to the object and purpose of the Convention.

“It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

“Furthermore, according to the Vienna Convention on the Law of Treaties of 23 May 1969, and well-established customary international law, a reservation contrary to the object and purpose of the treaty shall not be permitted.

“The Government of Sweden therefore objects to the aforesaid [reservation] by the Government of Viet Nam.

“[This objection does] not preclude the entry into force of the [Convention] between Viet Nam and Sweden. The [Convention] will thus become operative between the two States without Viet Nam benefiting from the [reservation].”

Turkey:

With regard to the declaration made by Cyprus upon ratification:

“The Republic of Cyprus, founded in 1960 as a partnership state in accordance with the international Cyprus Treaties by the Turkish Cypriot and Greek Cypriot communities, was destroyed in 1963 when the Greek Cypriot side threw the Turkish Cypriots out of the government and administration and thereby rendered the Government of Cyprus unconstitutional.

“Consequently, since December 1963, there has been no single political authority in Cyprus representing both communities and legitimately empowered to act on behalf of the whole island. The Greek Cypriot side does not possess the right or authority to become party to international instruments on behalf of Cyprus as a whole.

“The ratification of this Convention by Turkey shall in no way imply the recognition of the ‘Republic of Cyprus’ by Turkey and her accession to this Convention should not signify any obligation on the part of Turkey to enter into any dealings with the ‘Republic of Cyprus’ as are regulated by this Convention.”

United Kingdom of Great Britain and Northern Ireland:

17 December 1998

With regard to the reservation to article 6 made by Viet Nam upon accession:

“The United Kingdom is not in a position to accept [the] reservation.

“The above objection is not however, to constitute an obstacle to the entry into force of the said [Convention] as between Vietnam and the United Kingdom.”

United States of America:

23 October 1995

With regard to the reservations and declarations made by Colombia upon ratification:

“The Government of the United States of America understands the first reservation to exempt Colombia from the obligations imposed by article 3, paragraphs 6 and 9, and article 6 of the Convention only insofar as compliance with such obligations would prevent Colombia from abiding by article 35 of its Political Constitution (regarding the extradition of Colombian nationals by birth), to the extent that the reservation is intended to apply other than to the extradition of Colombian nationals by birth, the Government of the United States objects to the reservation.

“The Government of the United States of America objects to the first declaration, as it purports to subordinate Colombia's obligations under the Convention to its Constitution and international treaties, as well as to that nation's domestic legislation generally.

“The Government of the United States of America objects to the seventh declaration to the extent it purports to restrict the right of other States to freedom of navigation and other internationally lawful uses of the sea related to that freedom seaward of the outer limits of any State's territorial sea, determined in accordance with the International Law of the Sea as reflected in the 1982 United Nations Convention on the Law of the Sea.”

Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, United Kingdom of Great Britain and Northern Ireland:

27 December 1989

These States, as member States of the European Community, attached to the principal of freedom of navigation, notably in the exclusive economic zone, consider that the declaration of Brazil concerning paragraph 11 of article 17, of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted at Vienna on 20 December 1988, goes further than the rights accorded to coastal States by international law.

France, Germany, Finland, Italy, Netherlands, Sweden, United Kingdom of Great Britain and Northern Ireland:

7 March 1997

With regard to the reservations made by Lebanon upon accession:

These states have taken note of the reservations of the Government of Lebanon in respect of articles 5 and 7 of this Convention and consider these reservations to be contrary to the object and purpose of the Convention.

The Convention indicates that bank secrecy shall not be a ground for a failure to act or for a failure to render mutual assistance. These States consider that these reservations therefore undermine the object and purpose of the Convention, as stated in article 2, paragraph 1, to promote cooperation in order to address more effectively the international dimension of illicit drugs trafficking.

France:

16 December 1998

With regard to the reservation with regard to article 6 made by Viet Nam upon accession:

[The Government of France] considers [the reservation made by Viet Nam upon accession] to be contrary to the object and purpose of the Convention of 1988. France therefore objects to it.

The objection does not preclude the entry into force of the 1988 Convention between France and Viet Nam.

Austria and Greece:

In regard to the reservation made by Lebanon, the Secretary-General received communications identical in essence, mutatis mutandis, as the one made by France under “Objections”, from the following Governments on the dates indicated hereinafter:

Participants:

Date of the communication:

Austria

11 July 1997

Greece

18 July 1997.

Seventh Schedule: Part I

EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM

Strasbourg, 27.1.1977

The member States of the Council of Europe, signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Aware of the growing concern caused by the increase in acts of terrorism;

Wishing to take effective measures to ensure that the perpetrators of such acts do not escape prosecution and punishment;

Convinced that extradition is a particularly effective measure for achieving this result,

Have agreed as follows:

Article 1

For the purposes of extradition between Contracting States, none of the following offences shall be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives:

a. an offence within the scope of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970;

b. an offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971;

c. a serious offence involving an attack against the life, physical integrity or liberty of internationally protected persons, including diplomatic agents;

d. an offence involving kidnapping, the taking of a hostage or serious unlawful detention;

e. an offence involving the use of a bomb, grenade, rocket, automatic firearm or letter or parcel bomb if this use endangers persons;

f. an attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

Article 2

1. For the purpose of extradition between Contracting States, a Contracting State may decide not to regard as a political offence or as an offence connected with a political offence or as an offence inspired by political motives a serious offence involving an act of violence, other than one covered by Article 1, against the life, physical integrity or liberty of a person.

2. The same shall apply to a serious offence involving an act against property, other than one covered by Article 1, if the act created a collective danger for persons.

3. The same shall apply to an attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

Article 3

The provisions of all extradition treaties and arrangements applicable between Contracting States, including the European Convention on Extradition, are modified as between Contracting States to the extent that they are incompatible with this Convention.

Article 4

For the purpose of this Convention and to the extent that any offence mentioned in Article 1 or 2 is not listed as an extraditable offence in any extradition convention or treaty existing between Contracting States, it shall be deemed to be included as such therein.

Article 5

Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State has substantial grounds for believing that the request for extradition for an offence mentioned in Article 1 or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons.

Article 6

1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over an offence mentioned in Article 1 in the case where the suspected offender is present in its territory and it does not extradite him after receiving a request for extradition from a Contracting State whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested State.

2. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 7

A Contracting State in whose territory a person suspected to have committed an offence mentioned in Article 1 is found and which has received a request for extradition under the conditions mentioned in Article 6, paragraph 1, shall, if it does not extradite that person, submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State.

Article 8

1. Contracting States shall afford one another the widest measure of mutual assistance in criminal matters in connection with proceedings brought in respect of the offences mentioned in Article 1 or 2. The law of the requested State concerning mutual assistance in criminal matters shall apply in all cases. Nevertheless this assistance may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

2. Nothing in this Convention shall be interpreted as imposing an obligation to afford mutual assistance if the requested State has substantial grounds for believing that the request for mutual assistance in respect of an offence mentioned in Article 1 or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that that person's position may be prejudiced for any of these reasons.

3. The provisions of all treaties and arrangements concerning mutual assistance in criminal matters applicable between Contracting States, including the European Convention on Mutual Assistance in Criminal Matters, are modified as between Contracting States to the extent that they are incompatible with this Convention.

Article 9

1. The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of this Convention.

2. It shall do whatever is needful to facilitate a friendly settlement of any difficulty which may arise out of its execution.

Article 10

1. Any dispute between Contracting States concerning the interpretation or application of this Convention, which has not been settled in the framework of Article 9, paragraph 2, shall, at the request of any Party to the dispute, be referred to arbitration. Each Party shall nominate an arbitrator and the two arbitrators shall nominate a referee. If any Party has not nominated its arbitrator within the three months following the request for arbitration, he shall be nominated at the request of the other Party by the President of the European Court of Human Rights. If the latter should be a national of one of the Parties to the dispute, this duty shall be carried out by the Vice-President of the Court or if the Vice-President is a national of one of the Parties to the dispute, by the most senior judge of the Court not being a national of one of the Parties to the dispute. The same procedure shall be observed if the arbitrators cannot agree on the choice of referee.

2. The arbitration tribunal shall lay down its own procedure. Its decisions shall be taken by majority vote. Its award shall be final.

Article 11

1. This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.

2. The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or approval.

3. In respect of a signatory State ratifying, accepting or approving subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification, acceptance or approval.

Article 12

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Convention shall apply.

2. Any State may, when depositing its instrument of ratification, acceptance or approval or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

3. Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect immediately or at such later date as may be specified in the notification.

Article 13

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives, provided that it undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons; or

b. that it affected persons foreign to the motives behind it; or

c. that cruel or vicious means have been used in the commission of the offence.

2. Any State may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.

3. A State which has made a reservation in accordance with paragraph 1 of this article may not claim the application of Article 1 by any other State; it may, however, if its reservation is partial or conditional, claim the application of that article in so far as it has itself accepted it.

Article 14

Any Contracting State may denounce this Convention by means of a written notification addressed to the Secretary General of the Council of Europe. Any such denunciation shall take effect immediately or at such later date as may be specified in the notification.

Article 15

This Convention ceases to have effect in respect of any Contracting State which withdraws from or ceases to be a member of the Council of Europe.

Article 16

The Secretary General of the Council of Europe shall notify the member States of the Council of:

a. any signature;

b. any deposit of an instrument of ratification, acceptance or approval;

c. any date of entry into force of this Convention in accordance with Article 11 thereof;

d. any declaration or notification received in pursuance of the provisions of Article 12;

e. any reservation made in pursuance of the provisions of Article 13, paragraph 1;

f. the withdrawal of any reservation effected in pursuance of the provisions of Article 13, paragraph 2;

g. any notification received in pursuance of Article 14 and the date on which denunciation takes effect;

h. any cessation of the effects of the Convention pursuant to Article 15.

In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention.

Done at Strasbourg, this 27th day of January 1977, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory States.

SEVENTH SCHEDULE: PART II

List of declarations and reservations made with respect to the

EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM

Belgium:

Reservation made at the time of deposit of the instrument of ratification, on 31 October 1985:

The Belgian Government referring to Article 13.1 of the Convention on the Suppression of Terrorism, declares as follows:

With the exception of offences committed upon the taking of hostages and other connected offences, Belgium reserves the right to refuse extradition in respect of any offence, mentioned in Article 1, which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives; in these cases, Belgium undertakes to take into due consideration, when evaluating the character of the offence, its particularly serious aspects, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons; or,

b. that it affected persons foreign to the motives behind it; or

c. that cruel or vicious means have been used in the commission of the offence.

Bulgaria:

Reservation contained in the instrument of ratification deposited on 17 February 1998:

The Republic of Bulgaria reserves its right in accordance with Article 13, paragraph 1, of the Convention, to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence. The Republic of Bulgaria shall interpret its reservation in the sense that homicide or offences involving homicide shall not be considered as political offences.

Cyprus:

Reservation contained in the instrument of ratification deposited on 26 February 1979:

When depositing this instrument of ratification, the Permanent Representative declares that the Republic of Cyprus makes the following Reservation in accordance with Article 13.1 of the Convention:

“The Government of the Republic of Cyprus reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.”

Declaration contained in the instrument of ratification deposited on 26 February 1979:

With respect to Article 7 of the Convention and pursuant to the Republic of Cyprus the Extension of Jurisdiction of National Courts with respect to certain Terrorist Offences Law of 1979 which has been enacted by the House of Representatives of the Republic of Cyprus on the 18th January 1979, the national courts of Cyprus can prosecute a person suspected to have committed an offence mentioned in Article 1 of this Convention.

Declaration contained in the instrument of ratification deposited on 26 February 1979:

The Government of the Republic of Cyprus wishes to notify that its reservations and declarations made on 22nd January 1971 when depositing its Instrument of Ratification with regard to the European Convention on Extradition of 13th December 1957 are still valid.”

Denmark:

Declaration made at the time of deposit of the instrument of ratification, on 27 June 1978:

Provisionally, the Convention does not apply to the Faroe Islands and Greenland.

Reservation made at the time of deposit of the instrument of ratification, on 27 June 1978:

The Danish Government, in accordance with the provisions of Article 13 of this Convention and subject to the undertaking contained in that article, reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.

Estonia:

Reservation contained in the instrument of ratification, deposited on 27 March 1997:

The Republic of Estonia, in accordance with Article 13, paragraph 1, of the Convention, and subject to the conditions thereof, reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention which it considers to be a political offence or an offence connected with a political offence.

Finland:

Reservation contained in the instrument of acceptance, deposited on 9 February 1990:

The Government of Finland, in accordance with the provisions of Article 13 of this Convention and subject to the undertaking contained in that article, reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.

France:

Declaration made at the time of signature, on 27 January 1977:

In deciding to sign the European Convention on the Suppression of Terrorism today the Government wished to demonstrate its solidarity with the other European countries in combating a danger which has caused — and still causes — a number of innocent victims and very properly arouses public feeling.

The signature is the logical consequence of the action we have been taking for several years and which has caused us on several occasions to strengthen our internal legislation and to ratify The Hague and Montreal Conventions on air terrorism.

It is self-evident that efficiency in this struggle must be reconciled with respect for the fundamental principles of our criminal law and our Constitution, which states in its Preamble that “Anyone persecuted on account of his action for the cause of liberty has the right to asylum on the territory of the Republic”.

It is also clear that such a high degree of solidarity as is provided for in the Council of Europe Convention can only apply between States sharing the same ideals of freedom and democracy.

France will therefore subject the application of the Convention to certain conditions. On ratification it will make the reservations necessary to ensure that the considerations I have just mentioned will be taken into account and that human rights will at no time be endangered.

There is a further point of very special importance to the government: this is the success of the work of the Nine in the same field following the decisions of the European Council on 13 July 1976. We wish to avoid risks of conflict between the two texts and the government therefore does not intend to ratify the Strasbourg Convention before the instrument which will be prepared by the Nine.

Furthermore, taking action against terrorism does not absolve us from tackling the political problem of the causes of terrorism. For in many respects the real struggle against terrorism is a struggle for a just peace which guarantees everyone's legitimate rights.

Reservation made at the time of ratification, on 21 September 1987:

The Government of the French Republic declares that it reserves the right to refuse extradition in accordance with the provisions of Article 13, paragraph 1, of the Convention.

Declaration made at the time of ratification, on 21 September 1987:

France wishes to recall, in accordance with the declaration which it made at the time of signature of the Convention, on 27 January 1977, that the struggle to be carried on against terrorism must be reconciled with respect for the fundamental principles of our criminal law and our Constitution which states in its preamble that “anyone persecuted on account of his action for the cause of liberty has the right to asylum in the territories of the Republic” and that the enforcement of the European Convention on the Suppression of Terrorism should not result in derogating from the right of asylum.

Declaration made at the time of ratification, on 21 September 1987:

The Government of the French Republic declares that it will only apply the European Convention on the Suppression of Terrorism to offences committed after the date of its entry into force.

Declaration made at the time of ratification. on 21 September 1987:

In accordance with Article 12.1 of the Convention, the Government of the French Republic declares that the Convention on the Suppression of Terrorism applies to the European and overseas departments of the French Republic.

Germany:

Declaration contained in a letter from the Permanent Representative of the Federal Republic of Germany, dated 3 May 1978 handed to the Secretary-General at the time of deposit of the instrument of ratification, on 3 May 1978:

With effect from the date on which the said Convention enters into force for the Federal Republic of Germany, it shall also apply to Land Berlin, subject to the rights, responsibilities and legislation of the French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

In particular, nationals of the French Republic, the United Kingdom of Great Britain and Northern Ireland or the United States of America shall not be extradited without the consent of the appropriate Sector Commandant.

Greece:

Reservation contained in a letter from the Permanent Representative of Greece, dated 5 September 1988, registered at the Secretariat General on 6 September 1988.

In pursuance of Article 13 of the European Convention on the Suppression of Terrorism, Greece declares that it reserves the right, in accordance with paragraph 1 of the same article, to refuse extradition for any of the offences listed in Article 1 of the Convention if the person suspected of having committed the offence is being prosecuted for his or her action in favour of freedom.

The letter from the Permanent Representative of Greece reads as follows:

Sir,

On 4 August 1988, as you know, Greece deposited its instrument of ratification in respect of the European Convention on the Suppression of Terrorism, signed in Strasbourg on 27 January 1977. As expressly stated in the instrument of ratification, the aforesaid Convention was approved in Greece by Act N (1789/1988, published in the Official Gazette No 133 of 20 June 1988 (section A). The authentic Greek-language text of this act is enclosed herewith. It may be seen that, after approving the Convention in the usual way, Section 1 of the act specifies that such approval is subject to the following reservation by Parliament:

“In pursuance of Article 13 of the European Convention on the Suppression of Terrorism, Greece declares that it reserves the right, in accordance with paragraph 1 of the same article, to refuse extradition for any of the offences listed in Article 1 of the Convention if the person suspected of having committed the offence is being prosecuted for his or her action in favour of freedom.” It is clear that the reference, both express and general, made in our instrument of ratification to Act No. 1789/1988 applies to the whole of Section 1 of this act, which is the main provision of the act, and that it obviously covers the above-mentioned reservation. This reservation should therefore be treated as being implicitly incorporated in the instrument of ratification as an integral part of the approving act referred to therein. Unfortunately, as a result of an error, the aforesaid reservation was not explicitly and specifically declared as such to the Council of Europe Secretariat at the time of the deposit of the instrument of ratification, as the usual practice in the matter requires.

Accordingly, in order to correct this error and thus supplement and clarify our instrument of ratification, we hereby communicate to you, in your capacity as depositary of the Convention, the text of the above-mentioned reservation, which will take effect on the date on which the Convention comes into force in respect of Greece. We apologise for this error.

Hungary:

Reservation contained in a letter of the Minister for Foreign Affairs of Hungary, dated 27 March 1997, handed over to the Secretary-General at the time of deposit of the instrument of ratification, on 6 May 1997:

The Republic of Hungary reserves its right — notwithstanding its obligation defined in Article 13, paragraph 1 — to refuse the request for extradition in respect of any offences enumerated in Article 1, if the offence is considered to be political. The Republic of Hungary shall interpret its reservation in the sense that homicide or offences involving homicide shall not be considered as political offences.

Iceland:

Reservation contained in the instrument of ratification deposited on 11 July 1980:

The Government of Iceland, in accordance with the provisions of Article 13 of the Convention and subject to the undertaking contained in that article, reserves the right to refúse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives.

Italy:

Reservation made at the time of signature, on 27 January 1977, and confirmed at the time of deposit of the instrument of ratification, on 28 February 1986:

Italy declares that it reserves the right to refuse extradition and mutual assistance in criminal matters in respect to any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives: in this case Italy undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons; or,

b. that it affected persons foreign to the motives behind it; or,

c. that cruel or vicious means have been used in the commission of the offence.

Malta:

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

The Government of Malta ratifies this Convention subject to the provisions of the Maltese Constitution relative to extradition for offences of a political nature;

And furthermore, declares that in accordance with the provisions of Article 13, paragraph 1, of the Convention, it reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention if it considers it to be a political offence or connected with a political offence or inspired by political motives.

Netherlands:

Declaration contained in the instrument of acceptance deposited, on 18 April 1985:

The Kingdom of the Netherlands accepts the Convention for the Kingdom in Europe.

Reservation contained in the instrument of acceptance deposited, on 18 April 1985:

With due observance of Article 13, paragraph 1, of the Convention, the Kingdom of the Netherlands reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention including the attempt to commit or participation in one of these offences, which it considers to be a political offence or an offence connected with a political offence.

Norway:

Reservation contained in the instrument of ratification deposited on 10 January 1980:

Norway declares that it reserves the right to refuse extradition and mutual assistance in criminal matters in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives. In this case Norway undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence including:

a. that it created a collective danger to the life, physical integrity or liberty of persons; or

b. that it affected persons foreign to the motives behind it; or,

c. that cruel or vicious means have been used in the commission of the offence.

Portugal:

Reservation contained in the instrument of ratification deposited on 14 December 1981:

As requested State, Portugal shall not grant extradition for offences punishable in the requesting State with either the death penalty, life imprisonment or a detention order involving deprivation of liberty for life.

Russia:

Declaration contained in the instrument of ratification deposited on 4 November 2000:

The Russian Federation assumes that the provisions of Article 5 and Article 8, paragraph 2, of the Convention shall be applied in such a way that would ensure inevitable liability for the commitment of crimes falling within the Convention, without prejudice to effective international co-operation in extradition and legal assistance matters.

Sweden:

Reservation contained in a letter from the Minister for Foreign Affairs of Sweden, dated 11 July 1977, handed to the Secretary-General at the time of deposit of the instrument of ratification, on 15 September 1977:

The Swedish Government, in accordance with the provisions of Article 13 of this Convention and subject to the undertaking contained in that article, reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.

Switzerland:

Reservation contained in the instrument of ratification deposited on 19 May 1983:

Switzerland reserves the right to refuse extradition in respect of any offence mentioned in Article 1, which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives; in these cases, Switzerland provides that it undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons, or

b. that it affected persons foreign to the motives behind it, or

c. that cruel or vicious means have been used in the commission of the offence.

United Kingdom:

Declaration contained in the instrument of ratification deposited on 24 July 1978:

The Government of the United Kingdom of Great Britain and Northern Ireland, having considered the Convention aforesaid, hereby confirm and ratify the same in respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man.

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 17 November 1988, registered at the Secretariat General on 21 November 1988:

I have the honour to inform you in accordance with Article 12, paragraph 2, of the Convention, that the Government of the United Kingdom hereby extend the application of this Convention to Gibraltar.

Eighth Schedule

TREATY ON EXTRADITION BETWEEN IRELAND AND AUSTRALIA

TREATY ON EXTRADITION BETWEEN IRELAND AND AUSTRALIA

IRELAND AND AUSTRALIA,

DESIRING to make more effective the co-operation of the two countries in the suppression of crime, HAVE AGREED as follows:

Article I

Obligation to extradite

Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Treaty, but subject to the law of the requested State and to such exceptions as are therein provided, any persons, including its citizens or nationals, who are wanted for prosecution or for the imposition or enforcement of a sentence in the requesting State for an extraditable offence.

Article II

Extraditable offences

1. For the purposes of this Treaty, an extraditable offence is an offence however described which is punishable under the laws of both Contracting Parties by imprisonment for a period of at least one year or by a more severe penalty. Where the request for extradition relates to a person who has been convicted and sentenced to a term of imprisonment in respect of such an offence, extradition shall be granted only if imprisonment for a period of at least six months remains to be served.

2. For the purposes of this Article, it shall not matter whether or not the laws of the Contracting Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology.

3. Where the offence has been committed outside the territory of the requesting State, extradition shall be granted where the law of the requested State provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the requested State does not so provide, that State may, in its discretion, grant extradition.

4. Extradition shall be granted, subject to the provisions of this Treaty, whether the offence in relation to which extradition is sought was committed before or after this Treaty enters into force, provided that:

(a) it was an offence under the law of the requesting State at the time of the acts or omissions constituting the offence; and

(b) the acts or omissions alleged would, if they had taken place in the requested State at the time of the making of the request for extradition, have constituted an offence under the law of that State.

Article III

Exceptions to extradition

1. Extradition shall not be granted in any of the following circumstances:

(a) if the offence for which extradition is requested is a political offence or an offence connected with a political offence. Reference to a political offence shall not include the taking or attempted taking of the life of a Head of State or a member of his family or an offence against the law relating to genocide;

(b) if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that his position may be prejudiced for any of these reasons;

(c) if the offence for which extradition is requested is an offence under military law which is not an offence under the ordinary criminal law of the Contracting Parties;

(d) if the offence for which extradition is requested is regarded under the law of the requested State as having been committed in that State;

(e) if a prosecution in respect of the offence for which extradition is requested is pending in the requested State against the person whose extradition is sought;

(f) if final judgment has been passed in the requested State or in a third State upon the person claimed in respect of the offence for which his extradition is sought; or

(g) if the person whose extradition is sought has, according to the law of either Contracting Party, become immune from prosecution or punishment by reason of lapse of time.

2. Extradition may be refused in any of the following circumstances:

(a) if the offence for which extradition is requested is a revenue offence. For the purpose of this exception, “revenue offence” means an offence in connection with taxes duties or exchange control but does not include an offence involving the use or threat of force, or perjury or the forging of a document issued under statutory authority or an offence alleged to have been committed by an officer of the revenue of the requesting State in his capacity as such officer;

(b) if the competent authorities of the requested State have decided either not to institute, or to terminate, proceedings against the person claimed for the offence in respect of which extradition is sought; or

(c) if the offence for which extradition is requested is punishable by death under the law of the requesting State and in respect of the offence such penalty is not provided for in the law of the requested State or is not generally carried out, unless the requesting State gives such assurance as the requested State considers sufficient that the death penalty will not be carried out.

Article IV

Postponement of surrender

The requested State may postpone the surrender of a person in order to proceed against him, or so that he may serve a sentence, for an offence other than the offence for which his extradition is sought.

Article V

Extradition procedure and required documents

1. The request for extradition shall be made in writing and shall be communicated through the diplomatic channel.

2. A request for extradition emanating from Ireland shall be supported:

(a) if the person is accused, or has been convicted in his absence, of an offence — by a warrant for the arrest or a copy of the warrant for the arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the person in respect of each offence;

(b) if the person has been convicted of an offence otherwise than in his absence — by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable and the extent to which the sentence has not been carried out;

(c) if the person has been convicted of an offence otherwise than in his absence but no sentence has been imposed — by such documents as provide evidence of the conviction and a statement affirming that it is intended to impose a sentence;

(d) in all cases, by a copy of the relevant provisions of the statute, if any, creating the offence or a statement of the relevant law as to the offence, including any law relating to the limitation of proceedings, as the case may be, and in either case a statement of the punishment that can be imposed for the offence; and

(e) in all cases, by information or documents which will help to establish that the person whose surrender is sought is the person accused of or convicted of the offence.

3. A request for extradition emanating from Australia shall be supported by the following documents:

(a) the original or an authenticated copy of the conviction and sentence immediately enforceable or, as the case may be, of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting State;

(b) if a sentence of imprisonment has been imposed, a statement of the period of imprisonment which remains to be served;

(c) a statement of each offence for which extradition is requested specifying, as accurately as possible, the time and place of commission, its legal description and a reference to the relevant provisions of the law of the requesting State;

(d) a copy of the relevant enactments of the requesting State or, where this is not possible, a statement of the relevant law; and

(e) as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.

Article VI

Authentication of supporting documents

1. All documents submitted in support of a request for extradition in accordance with Article V shall be duly authenticated. A document that supports a request for extradition shall be admitted in evidence, if duly authenticated, in any extradition proceedings in the requested State.

2. A document is duly authenticated for the purposes of this Treaty if:

(a) it purports to be signed or certified by a Judge, District Justice, Magistrate or officer of the requesting State; and

(b) it purports to be authenticated by the oath or affirmation of a witness or by being sealed with the official seal of a Minister of State of the requesting State.

Article VII

Additional information

1. If the requested State considers that the information furnished in support of the request for the extradition of a person is not sufficient to fulfil the requirements of its law with respect to extradition, that State may request that additional information be furnished within such time and in such manner as it specifies.

2. If the person whose extradition is requested is in custody and the additional information requested is not received within the time or in the manner specified, or is not sufficient, the person may be released from custody, but such release shall not preclude the requesting State from making a fresh request for the extradition of the person.

3. Where the person is released from custody in accordance with paragraph 2, the requested State shall notify the requesting State forthwith.

Article VIII

Provisional arrest

1. In case of urgency, a Contracting Party may apply for the provisional arrest of a person sought. The application for provisional arrest shall be made through the diplomatic channel or between the Department of Justice in Ireland and the Attorney-General's Department of Australia, in which case the facilities of INTERPOL may be used. The application may be transmitted by post or telegraph or by any other means affording a record in writing.

2. The application shall contain:

(a) a statement of the nature of the offence and of the time and place of its commission;

(b) a description of the person whose arrest is sought;

(c) a statement of intention to request the extradition of that person;

(d) (i) in the case of an application emanating from Ireland — a statement that a warrant for the apprehension of the person has been issued and is in force; or

(ii) in the case of an application emanating from Australia — a statement that one of the documents mentioned in paragraph 3(a) of Article V exists in respect of that person; and

(e) a statement of the punishment that can be imposed for the offence, and, where a sentence has been imposed, a statement of that sentence and, in the case of a sentence of imprisonment, the period remaining to be served.

3. On receipt of such an application the requested State shall take the necessary steps to secure the arrest of the person claimed and the requesting State shall be promptly notified of the result of its application.

4. Unless the law of the requested State otherwise provides, a person arrested upon such an application shall be set at liberty upon the expiration of eighteen days from the date of his arrest if a request for his extradition, supported by the documents specified in Article V, has not been received.

5. The release of a person pursuant to paragraph 4 of this Article shall not prevent the institution of proceedings with a view to extraditing the person sought if a request for his extradition is subsequently received.

6. The provisions of Article VII shall apply mutatis mutandis to an application for provisional arrest.

Article IX

Multiple requests

1. If requests are received from two or more States for the extradition of the same person, whether for the same offence or for different offences, the requested State shall determine to which of those States the person is to be extradited and shall notify the requesting State of its decision.

2. In determining to which State a person is to be extradited, the requested State shall have regard to all relevant circumstances and, in particular, to:

(a) the relative seriousness of the offences;

(b) the time and place of commission of each offence;

(c) the respective dates of the requests;

(d) the nationality of the person;

(e) the ordinary place of residence of the person; and

(f) the possibility of the subsequent surrender of the person to another State.

Article X

Surrender of person

1. The requested State shall, as soon as the decision on the request for extradition has been made pursuant to its law, communicate that decision to the requesting State through the diplomatic channel.

2. Where extradition of a person for an offence is granted, the person shall be removed from the requested State from a point of departure in that State convenient to the requesting State.

3. The requesting State shall remove the person from the requested State within such reasonable period as the last-mentioned state specifies and, if the person is not removed within that period, the requested State may refuse to extradite him for the same offence.

Article XI

Surrender of property

1. To the extent permitted under the law of the requested State all property found in the requested State that has been acquired as a result of the offence or may be required as evidence shall, if the requesting State so requests, be surrendered if extradition is granted.

2. Subject to paragraph 1 of this Article, the above-mentioned property shall, if the requesting State so requests, be surrendered to that State even if the extradition, having been consented to, cannot be carried out owing to the death or escape of the person sought.

3. The rights of the requested State or of third parties in the property shall be preserved. Where such rights exist, the property shall, without charge, be returned to the requested State at the end of the proceedings in the requesting State if the requested State so requests.

4. The requested State may temporarily retain the property referred to in this Article if it considers it necessary for the purpose of criminal or civil proceedings. In such a case the requesting State may request the temporary handing over of the property, undertaking to return it as soon as the proceedings conducted in its territory permit if the requested State so requests.

Article XII

Rule of speciality

1. A person extradited under this Treaty shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence, or be otherwise restricted in his personal freedom, in the requesting State for any offence committed before his surrender, other than the offence for which his extradition was granted, except:

(a) where the requested State consents; or

(b) where the person extradited, having had an opportunity to leave the requesting State, has not done so within 45 days of his final discharge in respect of the offence for which he was surrendered, or has returned to the requesting State after leaving it.

2. If the description of the offence charged in the requesting State is altered in the course of proceedings, the person extradited shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.

3. A request for the consent of the requested State under this Article shall be accompanied by such information and documents as are required by that State.

Article XIII

Surrender to a third State

1. The person extradited may not be surrendered by the requesting State to a third State for an offence committed prior to his surrender to the first-mentioned State, except:

(a) where the requested State consents; or

(b) where the person extradited, having had an opportunity to leave the requesting State, has not done so within 45 days of his final discharge in respect of the offence for which he was surrendered, or has returned to the requesting State after leaving it.

2. Where the consent of the requested State is sought in accordance with this Article, that State may request that the request for the consent be supported by the relevant documents mentioned in Article V of this Treaty.

Article XIV

Transit

1. Where a person is to be extradited pursuant to an agreement in the nature of an extradition agreement to a Contracting Party from a third State through the territory of the other Contracting Party, the Contracting Party to which the person is to be extradited shall request the other Contracting Party to permit the transit of that person through its territory.

2. Upon receipt of such a request the requested Contracting Party shall grant the request unless it is satisfied that there are reasonable grounds for refusing to do so.

3. Permission for the transit of a person shall, subject to the law of the requested Contracting Party, include permission for the person to be held in custody during transit.

4. Where a person is being held in custody pursuant to paragraph 3, the Contracting Party in whose territory the person is being held may direct that the person be released if his transportation is not continued within a reasonable time.

5. The Contracting Party to which the person is being extradited shall reimburse the other Contracting Party for any expense incurred by that other Contracting Party in connection with the transit.

Article XV

Expenses

1. The requesting State shall not be liable for the costs of any proceedings in the requested State arising out of a request for extradition.

2. The requested State shall bear the expenses incurred in its territory in the arrest of the person whose extradition is requested, and in the maintenance in custody of the person until he is surrendered to a person nominated by the requesting State in order to be removed from the requested State in accordance with paragraph 2 of Article X.

3. The requesting State shall bear the expenses incurred in conveying the person from the territory of the requested State.

Article XVI

Entry into force and termination

1. This Treaty shall enter into force thirty days after the date on which the Contracting Parties have notified each other in writing that their respective requirements for the entry into force of this Treaty have been complied with.

2. Either Contracting Party may terminate this Treaty by notice in writing at any time and it shall cease to be in force six months after date of receipt of such notice.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Treaty.

DONE in duplicate at Dublin on the second day of September One Thousand, Nine Hundred and Eighty-Five.

FOR AUSTRALIA:

FOR IRELAND:

LIONEL BOWEN

JOHN ROGERS

Ninth Schedule

TREATY ON EXTRADITION BETWEEN IRELAND AND THE UNITED STATES OF AMERICA

Treaty on Extradition between Ireland and the United States of America

The Government of Ireland and the Government of the United States of America desiring to make more effective the cooperation of the two countries in the suppression of crime, agree as follows:

Article I Obligation to Extradite

Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Treaty. But subject to the law of the Requested State and to such exceptions as are therein provided, any persons, including its citizens or nationals, who are wanted for prosecution or the imposition or enforcement of a sentence in the requesting State for the extraditable offence.

Article II Extraditable offenses

1. An offence shall be an extraditable offence only if it is punishable under the law of both Contracting Parties by severe penalty. When the request for extradition relates to a person who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if the duration of the sentence still to be served amounts to at least four months.

2. For the purpose of this Article, it shall not matter:

(a) whether the laws of the Contracting Parties place the offence within the same category of offence or denominate the offence by the same terminology; or

(b) whether the offence is one for which United States federal law requires proof of interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court.

3. Subject to the conditions set forth in paragraph 1 of this article, extradition shall also be granted for attempt and conspiracy to commit, aiding, abetting, counselling, procuring, inciting, or otherwise being an accessory to the commission of, an offence referred to in paragraph 1.

4. If extradition is granted for an extraditable offence, it may also be granted for any other offence for which extradition is requested that meets all the requirements for extradition other than the periods of imprisonment specified in paragraph 1 of this Article.

Article III Place of Commission of Offences

1. Extradition shall not be refused on the grounds that the offence for which extradition is requested was committed outside the Requesting State.

2. Extradition may be refused when the offence for which extradition is requested is regarded under the law of the requested States as having been committed in its territory. If extradition is refused pursuant to this paragraph, the Requested State shall submit the case to its competent authorities for the purpose of prosecution.

Article IV Exceptions to Extradition

Extradition shall not be granted in any of the following circumstances:

(a) when the person whose surrender is sought has been convicted or acquitted, or a prosecution is pending against the person in the Requested State for the offence for which extradition is requested;

(b) when the offence for which extradition is requested is a political offence. Reference to a political offence shall not include the taking or attempted taking of the life of a Head of State or a member of his or her family;

(c) when there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality or political opinion. Unless the law of the Requested State otherwise provides, decisions under this paragraph shall be made by the executive authority; or

(d) when the offence for which extradition is requested is a military offence which is not an offence under the ordinary criminal law of the Contracting Parties.

Article V Discretionary Grounds for Refusal of Extradition

Extradition may be refused in any of the following circumstances:

(a) when the person whose surrender is sought has been convicted or acquitted in a third State of the offence for which Extradition is requested; or

(b) when the competent authorities of the Requested State have decided to refrain from prosecuting the person whose surrender is sought for the offence for which extradition is requested, or to discontinue any criminal proceedings which have been initiated against that person for that offence.

Article VI Capital Punishment

When the offence for which extradition is requested is punishable by death under the law of the Requesting State and is an offence which is not so punishable under the law of the Requested State, extradition may be refused unless the Requesting State provides such assurances as the competent authorities of the Requested State consider sufficient that the death penalty, if imposed, will not be carried out.

Article VII Postponement of Surrender

When the person whose extradition is requested is being, or is about to be, proceeded against, or has been convicted, in the Requested State in respect of an offence other than that for which extradition has been requested, surrender may be postponed until the conclusion of the proceedings and the full execution of any punishment the person may be or may have been awarded.

Article VIII Extradition Procedure and Required Document

1. The request for extradition shall be made in writing and shall be communicated through the diplomatic channel.

2. The request for extradition shall contain:

(a) information which will help to establish the identity of the person sought;

(b) the location of the person if known or, if it is not known, a statement to the effect; and

(c) a brief statement of the facts of the case.

3. Every request for extradition shall be supported by documents which contains:

(a) as accurate a description as possible of the person sought, together with any other information which will assist in establishing the person's identity and nationality;

(b) a statement of the pertinent facts of the case, indicating as accurately as possible the time and place of commission of the offence; and

(c) the legal description of the offence and a statement of the maximum penalties therefor the text of the law setting forth the offence or, where this is not possible, a statement of the relevant law.

4. When the request for extradition relates to a person who has not been convicted it shall also be supported:

(a) by the original or an authenticated copy of the warrant of arrest, or equivalent order issued by a competent authority of the Requesting State;

(b) by the original or an authenticated copy of the complaint, information or indictment; and

(c) in the case of a request emanating from Ireland, by a statement of facts, by way of affidavit or statutory declaration, setting forth reasonable grounds for believing that an offence has been committed and that the person sought committed it.

5. When the request for extradition relates to a convicted person, it should also be supported:

(a) by the original or an authenticated copy of the judgment of conviction; and

(b) if a sentence has been imposed, by the original or an authenticated copy of the sentence and a statement of the extent to which it has been carried out and that it is immediately enforceable.

6. All documents transmitted by the Requesting State shall be in English or shall be translated into English by that State.

Article IX Additional Evidence or Information

1. If the Requested State requires additional evidence or information to enable it to decide on the request for extradition, such evidence or information shall be submitted to it within such time as that State shall specify.

2. If the person sought is in custody and the additional evidence or information submitted as aforesaid is found insufficient or if such evidence or information is not received within the period specified by the Requested State, the person shall be discharged from custody. Such discharge shall not preclude the Requesting State from submitting another request in respect of the same offence.

Article X Provisional Arrest

1. In case of urgency, a Contracting Party may request the provisional arrest of a person sought. The request for provisional arrest shall be made through the diplomatic channel or directly between the Department of Justice in Ireland and the United States Department of Justice, in which case the facilities of INTERPOL may be used. The request may be transmitted by post or telegraph or by any other means affording evidence in writing.

2. The request shall contain:

(a) a description of the person sought;

(b) a statement of the nature of the offence and of the time at which and the place where it is alleged to have been committed;

(c) a statement of the existence of one of the documents referred to in paragraph 4(a) or 5 of Article VIII; and

(d) a statement that it is intended to send a request for extradition.

3. On receipt of such a request, the Requested State shall take the appropriate steps to secure the arrest of the person sought. The Requesting State be promptly notified of the result of its request.

4. Unless the law of the Requested State otherwise provides, a person arrested upon such a request shall be released upon the expiration of forty-five days from the date of that person's arrest if the request for extradition has not been duly received by the Requested State. This stipulation shall not prevent the institution of proceedings with a view to extraditing of the person sought if a request for extradition is subsequently received.

Article XI Rule of Specialty

1. A person extradited under this Treaty shall not be proceeded against, sentenced, punished, detained or otherwise restricted in his or her personal freedom in the Requesting State for an offence other than that for which extradition has been granted, or be extradited by that State to a third State, unless:

(a) the person has left the Requesting State after extradition and has voluntarily returned to it;

(b) the person, having had an opportunity to leave the Requesting State, has not done so within forty-five days of final discharge in respect of the offence for which that person was extradited; or

(c) the Requested State has consented.

2. Where the description of the offence charged in the Requesting State is altered in the course of proceedings, the person extradited shall not be proceeded against, sentenced, punished, detained or otherwise restricted in his or her personal freedom except insofar as the offence under its new description is composed of the same constituent elements as the offence for which extradition was granted.

3. Unless the law of the Requesting State otherwise provides, the person extradited may be proceeded against, sentenced, punished, detained or otherwise restricted in his or her personal freedom for an offence for which that person could be convicted, under the law of that State, upon trial for the offence for which extradition was granted.

4. These stipulations shall not apply to offences committed after the extradition.

Article XII Multiple Requests

A Contracting Party upon receiving requests from the other Contracting Party and from a third State for the extradition of the same person, either for the same offence or for different offences, shall determine to which of the States it will extradite the person sought, taking into consideration all the circumstances and, in particular, the relative seriousness of the offences and where they were committed, the citizenship or nationality of the person sought, the dates upon which the request was received, the possibility of a later extradition between the other Contracting Party and the third State, and the provision of any extradition agreements between the States concerned.

Article XIII Notification of Decision

1. The Requested State shall promptly communicate to the Requesting State through the diplomatic channel the decision on the request for extradition.

2. The Requested State shall provide reasons for any partial or complete rejection of the request for extradition. It shall also provide the Requesting State with a copy of each opinion issued by its courts in connection with a request for extradition under this Treaty.

3. If a warrant or order for the extradition of a person sought has been issued by the competent authority and the person is not removed from the territory of the Requested State within such time as may be prescribed by the law of that state, that person may be set at liberty and the Requested State may subsequently refuse to extradite that person for that offence.

Article XIV Surrender of Property

1. To the extent permitted under the law of the Requested State and subject to the rights of third parties, which shall be duly respected, all property which appears to have been acquired as a result of the offence in question or which may be required as evidence shall, if found, be seized and surrendered to the Requesting State if the person sought is extradited or if extradition, having been granted, cannot be carried out by reason of the death or escape of that person.

2. The Requested State may make the surrender of the property conditional upon satisfactory assurances from the Requesting State that the property will be returned to the Requested State as soon as practicable, and may defer its surrender if it is needed as evidence in the Requested State.

Article XV Transit

Transit through the territory of one of the Contracting Parties of a person surrendered to the other Contracting Party by a third State may be granted on request to the law of the State to transit and to such conditions as that State may impose. For the purpose of considering the request, the State of transit may require the submission of such information as it considers necessary.

Article XVI Representation

1. The Department of Justice of the Unites States shall advise, assist and represent, or provide for the representation of, Ireland in any proceedings in the United States arising out of a request for extradition made by Ireland.

2. The Attorney General of Ireland shall advise and assist, and represent, or provide for the representation of, the interests of the United States in any proceedings in Ireland arising out of a request for extradition made by the United States.

3. The functions referred to in this article may be assumed by any successor agency designated by the State concerned.

Article XVII Expenses

1. The Requesting State shall bear all expenses arising out of the translation of documents and the transportation of the person sought from the place of the extradition proceedings to the Requesting State. Notwithstanding any law to the contrary, the Requested State shall bear all other expenses arising out of the request for extradition and the proceedings.

2. The Requested State shall make no pecuniary claim against the Requesting State arising out of the arrest, detention, extradition proceedings and surrender of a person sought under this Treaty.

Article XVIII Scope of Application

This Treaty shall apply to offences committed before or after the date this Treaty enters into force, provided that extradition shall not be granted for an offence committed before the date this Treaty enters into force which was not an offence under the law of both Contracting Parties at the time of its commission.

Article XIX Ratification, Entry into Force and Termination.

1. This Treaty shall be ratified and the instruments of ratification shall be exchanged in Dublin as soon as possible.

2. This Treaty shall enter into force thirty days after the exchange of the instruments of ratification.

3. The Treaty shall terminate and replace any bilateral extradition agreement in force between Ireland and the United States.

4. Either Contracting Party may terminate this Treaty by giving written notice to the other Contracting Party at any time, and the termination shall become effective six months after the date of receipt of such notice.

IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Treaty.

DONE in duplicate at Washington this thirteenth day of July 1983.

FOR THE

FOR THE

GOVERNMENT OF

GOVERNMENT OF

IRELAND

THE UNITED STATES

OF AMERICA

TENTH SCHEDULE

1. (1) In this Schedule—

“Anti-Terrorism Convention” means the European Convention on the Suppression of Terrorism done at Strasbourg on the 27th day of January, 1977;

“Australian Treaty” means the Treaty on Extradition between Ireland and Australia done at Dublin on the 2nd day of September, 1985;

“Drug Trafficking Convention” means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances concluded at Vienna on the 20th day of December, 1988;

“Hague Convention” means the Convention for the Suppression of Unlawful Seizure of Aircraft done at the Hague on the 16th day of December, 1970;

“Montreal Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971;

“Nuclear Material Convention” means the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and at New York on the 3rd day of March, 1980;

“Paris Convention” means the European Convention on Extradition done at Paris on the 13th day of December, 1957;

“Montreal Protocol” means the Protocol done at Montreal on the 24th day of February, 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971; and

“United States Treaty” means the Treaty on Extradition between Ireland and the United States of America done at Washington on the 13th day of July, 1983.

(2) In the Table the symbol “x” indicates, as may be appropriate, that—

a. the country opposite which it appears has ratified or acceded to the convention, protocol or treaty, as the case may be, under which that letter appears, or

b. the place opposite which it appears is a place to which the extradition agreement, or arrangement under section 8(2) of the Act of 1965, concerned (being the convention, treaty or protocol, as the case may be, under which that symbol appears) applies.

Countries with which the State has made an extradition agreement or arrangement under section 8(2) of the Act of 1965

Places to which an extradition agreement or arrangement under section 8(2) of the Act of 1965 applies

Paris Convention

Hague Convention

Montreal Convention

Montreal Protocol

Vienna Convention

Drug Trafficking Convention

Anti-Terrorism Convention

Australian Treaty

United States Treaty

Afghanistan

X

X

X

Albania

X

X

X

X

Algeria

X

X

X

X

Andorra

X

X

Angola

X

X

Antigua and Barbuda

X

X

X

X

Argentina

X

X

X

X

X

Armenia

X

X

Australia

X

X

X

X

X

X

Austria

X

X

X

X

X

X

X

Azerbaijan

X

X

X

X

Bahamas

X

X

X

Bahrain

X

X

X

X

Bangladesh

X

X

X

Barbados

X

X

X

Belarus

X

X

X

X

X

Belgium

X

X

X

X

X

X

X

Belize

X

X

X

X

Benin

X

X

Bhutan

X

X

X

Bolivia

X

X

X

Bosnia and Herzegovina

X

X

X

X

X

Botswana

X

X

X

X

X

Brazil

X

X

X

X

X

Brunei Darussalam

X

X

X

Bulgaria

X

X

X

X

X

X

X

Burkina Faso

X

X

X

X

Burundi

X

X

Cambodia

X

X

X

Cameroon

X

X

X

Canada

X

X

X

X

X

Cape Verde

X

X

X

Central African Republic

X

X

X

Chad

X

X

X

Chile

X

X

X

X

X

China

X

X

X

X

X

Colombia

X

X

X

Comoros

X

X

X

Congo

X

X

Costa Rica

X

X

X

Cote d'Ivoire

X

X

X

Croatia

X

X

X

X

X

X

Cuba

X

X

Cyprus

X

X

X

X

X

X

Czech Republic

X

X

X

X

X

X

X

Democratic People's Republic of Korea

X

X

X

Democratic People's Republic of the Congo

X

X

Denmark

X

X

X

X

X

X

X

Djibouti

X

X

Dominica

X

Dominican Republic

X

X

X

Ecuador

X

X

X

X

Egypt

X

X

X

X

El Salvador

X

X

X

X

Equatorial Guinea

X

X

Estonia

X

X

X

X

X

X

X

Ethiopia

X

X

X

X

Fiji

X

X

X

X

Finland

X

X

X

X

X

X

X

France

X

X

X

X

X

X

X

Gabon

X

X

Gambia

X

X

X

X

Georgia

X

X

X

X

Germany

X

X

X

X

X

X

X

Ghana

X

X

X

X

Greece

X

X

X

X

X

X

X

Grenada

X

X

X

Guatemala

X

X

X

X

X

Guinea

X

X

X

X

Guinea - Eissau

X

X

X

Guyana

X

X

X

Haiti

X

X

X

Honduras

X

X

X

Hungary

X

X

X

X

X

X

X

Iceland

X

X

X

X

X

X

India

X

X

X

X

Indonesia

X

X

X

X

Iran (Islamic Republic of)

X

X

X

Iraq

X

X

X

X

Ireland

X

X

X

X

X

X

X

X

X

Israel

X

X

X

X

Italy

X

X

X

X

X

X

X

Jamaica

X

X

X

Japan

X

X

X

X

X

Jordan

X

X

X

X

Kazakhstan

X

X

X

X

Kenya

X

X

X

X

Kuwait

X

X

X

X

Kyrgyzstan

X

X

X

X

Lao People's Democratic Republic

X

X

Latvia

X

X

X

X

X

X

Lebanon

X

X

X

X

X

Lesotho

X

X

X

Liberia

X

X

Libyan Arab Jamahiriya

X

X

X

X

X

Liechtenstein

X

X

X

X

Lithuania

X

X

X

X

X

X

X

Luxembourg

X

X

X

X

X

X

Madagascar

X

X

X

X

Malawi

X

X

X

Malaysia

X

X

X

Maldives

X

X

X

X

Mali

X

X

X

X

Malta

X

X

X

X

X

X

Marshall Islands

X

X

X

Mauritania

X

X

X

Mauritius

X

X

X

Mexico

X

X

X

X

X

Monaco

X

X

X

X

X

Mongolia

X

X

X

X

Morocco

X

X

X

Mozambique

X

Myanmar

X

X

X

X

Nauru

X

X

Nepal

X

X

X

Netherlands

X

X

X

X

X

X

X

New Zealand

X

X

X

X

Nicaragua

X

X

X

Niger

X

X

X

Nigeria

X

X

X

Norway

X

X

X

X

X

X

X

Oman

X

X

X

X

Pakistan

X

X

X

X

X

Palau

X

X

X

Panama

X

X

X

X

X

Papua New Guinea

X

X

Paraguay

X

X

X

X

Peru

X

X

X

X

X