For the purposes of this
Convention:
(a) “Organized criminal group”
shall mean a structured group of three or more persons, existing for a period
of time and acting in concert with the aim of committing one or more serious
crimes or offences established in accordance with this Convention, in order to
obtain, directly or indirectly, a financial or other material benefit;
(b) “Serious crime” shall mean conduct
constituting an offence punishable by a maximum deprivation of liberty of at
least four years or a more serious penalty; (c) “Structured group” shall mean
a group that is not randomly formed for the immediate commission of an offence
and that does not need to have formally
defined
roles for its members, continuity of its membership or a developed structure;
(d) “Property” shall mean assets
of every kind, whether corporeal or incorporeal, movable or immovable, tangible
or intangible, and legal docxuments or instruments evidencing title to, or
interest in, such assets;
(e) “Proceeds of crime” shall mean
any property derived from or obtained,directly or indirectly, through the
commission of an offence;
(f) “Freezing” or “seizure” shall
mean 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 other competent authority;
(g) “Confiscation”, which includes
forfeiture where applicable, shall mean the permanent deprivation of property
by order of a court or other competent authority;
(h) “Predicate offence” shall mean
any offence as a result of which proceeds have been generated that may become
the subject of an offence as defined in article 6 of this Convention;
(i) “Controlled delivery” shall
mean the technique of allowing illicit or suspect consignments to pass out of,
through or into the territory of one or more States, with the knowledge and
under the supervision of their competent authorities,with a view to the
investigation of an offence and the identification of persons involved in the
commission of the offence;
(j) “Regional economic integration
organization” shall mean an organization constituted by sovereign States of a
given region, to which its member States have transferred competence in respect
of matters governed by this Convention and which has been duly authorized, in
accordance with its internal procedures, to sign, ratify,accept, approve or
accede to it; references to “States Parties” under this Convention shall apply
to such organizations within the limits of their competence.
1.This Convention shall apply,
except as otherwise stated herein, to the prevention, investigation and
prosecution of:
(a) The offences established in
accordance with articles 5, 6, 8 and 23 of this Convention; and
(b) Serious crime as defined in
article 2 of this Convention;where the offence is transnational in nature and
involves an organized criminal group.
2.For the purpose of paragraph 1
of this article, an offence is transnational in nature if:
(a) It is committed in more than
one State;
(b) It is committed in one State
but a substantial part of its preparation,planning, direction or control takes
place in another State;
(c) It is committed in one State
but involves an organized criminal group that engages in criminal activities in
more than one State; or
(d) It is committed in one State
but has substantial effects in another State.
1.States 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.
2.Nothing in this Convention
entitles a State Party to undertake in the territory of another State the
exercise of jurisdiction and performance of functions that are reserved
exclusively for the authorities of that other State by its domestic law.
Article 5 Criminalization of participation in an organized criminal group
1.Each State Party shall adopt
such legislative and other measures as may be necessary to establish as
criminal offences, when committed intentionally:
(a) Either or both of the
following as criminal offences distinct from those involving the attempt or
completion of the criminal activity:
(i) Agreeing with one or more
other persons to commit a serious crime for a purpose relating directly or
indirectly to the obtaining of a financial or other material benefit and, where
required by domestic law, involving an act undertaken by one of the
participants in furtherance of the agreement or involving an organized criminal
group;
(ii) Conduct by a person who, with
knowledge of either the aim and general criminal activity of an organized
criminal group or its intention to commit the crimes in question, takes an
active part in:
a.Criminal activities of the
organized criminal group;
b.Other activities of the
organized criminal group in the knowledge that his or her participation will
contribute to the achievement of the abovedescribed criminal aim;
(b) Organizing, directing, aiding,
abetting, facilitating or counselling the commission of serious crime involving
an organized criminal group.
2.The knowledge, intent, aim,
purpose or agreement referred to in paragraph 1 of this article may be inferred
from objective factual circumstances.
3.States Parties whose domestic
law requires involvement of an organized criminal group for purposes of the
offences established in accordance with paragraph 1 (a) (i) of this article shall
ensure that their domestic law covers all serious crimes involving organized
criminal groups.Such States Parties, as well as States Parties whose domestic
law requires an act in furtherance of the agreement for purposes of the
offences established in accordance with paragraph 1 (a) (i) of this article,
shall so inform the Secretary-General of the United Nations at the time of
their signature or of deposit of their instrument of ratification, acceptance
or approval of or accession to this Convention.
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Article 6 Criminalization of the laundering of proceeds of crime
1.Each State Party shall adopt, in
accordance with fundamental principles of its domestic law, such legislative
and other measures as may be necessary to establish as criminal offences, when
committed intentionally:
(a) (i) The conversion or transfer
of property, knowing that such property is the proceeds of crime, for the
purpose of concealing or disguising the illicit origin of the property or of
helping any person who is involved in the commission of the predicate offence
to evade the legal consequences of his or her action;
(ii) The concealment or disguise
of the true nature, source, location, disposition, movement or ownership of or
rights with respect to property,knowing that such property is the proceeds of
crime;
(b) Subject to the basic concepts
of its legal system:
(i) The acquisition, possession or
use of property, knowing, at the time of receipt, that such property is the
proceeds of crime;
(ii) Participation in, association
with 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.For purposes of implementing or
applying paragraph 1 of this article:
(a) Each State Party shall seek to
apply paragraph 1 of this article to the widest range of predicate offences;
(b) Each State Party shall include
as predicate offences all serious crime as defined in article 2 of this
Convention and the offences established in accordance with articles 5, 8 and 23
of this Convention.In the case of States Parties whose legislation sets out a
list of specific predicate offences, they shall, at a minimum,include in such
list a comprehensive range of offences associated with organized criminal
groups;
(c) For the purposes of
subparagraph (b), predicate offences shall include offences committed both
within and outside the jurisdiction of the State Party in question.However,
offences committed outside the jurisdiction of a State Party shall constitute
predicate offences only when the relevant conduct is a criminal offence under
the domestic law of the State where it is committed and would be a criminal offence
under the domestic law of the State Party implementing or applying this article
had it been committed there;
(d) Each State Party shall furnish
copies of its laws that give effect to this article and of any subsequent
changes to such laws or a description thereof to the Secretary-General of the
United Nations;
(e) If required by fundamental
principles of the domestic law of a State Party, it may be provided that the
offences set forth in paragraph 1 of this article do not apply to the persons
who committed the predicate offence;
(f) 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.
1.Each State Party:
(a) Shall institute a
comprehensive domestic regulatory and supervisory regime for banks and non-bank
financial institutions and, where appropriate, other bodies particularly
susceptible to money-laundering, within its competence, in order to deter and
detect all forms of money-laundering, which regime shall emphasize
requirements
for customer identification, record-keeping and the reporting of suspicious
transactions;
(b) Shall, without prejudice to
articles 18 and 27 of this Convention, ensure that administrative, regulatory,
law enforcement and other authorities dedicated to combating money-laundering
(including, where appropriate under domestic law,judicial authorities) have the
ability to cooperate and exchange information at the
national
and international levels within the conditions prescribed by its domestic law and,
to that end, shall consider the establishment of a financial intelligence unit
to serve as a national centre for the collection, analysis and dissemination of
information regarding potential money-laundering.
2.States Parties shall consider
implementing feasible measures to detect and monitor the movement of cash and
appropriate negotiable instruments across their borders, subject to safeguards
to ensure proper use of information and without impeding in any way the
movement of legitimate capital.Such measures may
include a
requirement that individuals and businesses report the cross-border transfer of
substantial quantities of cash and appropriate negotiable instruments. 3.In establishing a domestic
regulatory and supervisory regime under the terms of this article, and without
prejudice to any other article of this Convention,States Parties are called
upon to use as a guideline the relevant initiatives of regional, interregional
and multilateral organizations against money-laundering.
4.States Parties shall endeavour
to develop and promote global, regional,subregional and bilateral cooperation
among judicial, law enforcement and financial regulatory authorities in order
to combat money-laundering.
1.Each State Party shall adopt
such legislative and other measures as may be necessary to establish as
criminal offences, when committed intentionally:
(a) The promise, offering or
giving to a public official, directly or indirectly,of an undue advantage, for
the official himself or herself or another person or entity,in order that the
official act or refrain from acting in the exercise of his or her official
duties;
(b) The solicitation or acceptance
by a public official, directly or indirectly,of an undue advantage, for the
official himself or herself or another person or entity,in order that the
official act or refrain from acting in the exercise of his or her official
duties.
2.Each State Party shall consider
adopting such legislative and other measures as may be necessary to establish
as criminal offences conduct referred to in paragraph 1 of this article
involving a foreign public official or international civil servant.Likewise,
each State Party shall consider establishing as criminal offences other forms
of corruption.
3.Each State Party shall also
adopt such measures as may be necessary to establish as a criminal offence
participation as an accomplice in an offence established in accordance with
this article.
4.For the purposes of paragraph 1
of this article and article 9 of this Convention, “public official” shall mean
a public official or a person who provides a public service as defined in the
domestic law and as applied in the criminal law of the State Party in which the
person in question performs that function.
1.In addition to the measures set
forth in article 8 of this Convention, each State Party shall, to the extent
appropriate and consistent with its legal system, adopt legislative,
administrative or other effective measures to promote integrity and to prevent,
detect and punish the corruption of public officials.
2.Each State Party shall take
measures to ensure effective action by its authorities in the prevention,
detection and punishment of the corruption of public officials, including
providing such authorities with adequate independence to deter the exertion of
inappropriate influence on their actions.
1.Each State Party shall adopt
such measures as may be necessary,consistent with its legal principles, to
establish the liability of legal persons for participation in serious crimes
involving an organized criminal group and for the offences established in
accordance with articles 5, 6, 8 and 23 of this Convention.
2.Subject to the legal principles
of the State Party, the liability of legal persons may be criminal, civil or
administrative.
3.Such liability shall be without
prejudice to the criminal liability of the natural persons who have committed
the offences.
4.Each State Party shall, in
particular, ensure that legal persons held liablein accordance with this
article are subject to effective, proportionate and dissuasive criminal or
non-criminal sanctions, including monetary sanctions.
Article 11 Prosecution, adjudication and sanctions
1.Each State Party shall make the
commission of an offence established in accordance with articles 5, 6, 8 and 23
of this Convention liable to sanctions that take into account the gravity of
that offence.
2.Each State Party shall endeavour
to ensure that any discretionary legal
powers
under its domestic law relating to the prosecution of persons for offences covered
by this Convention 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.
3.In the case of offences
established in accordance with articles 5, 6, 8 and 23 of this Convention, each
State Party shall take appropriate measures, in accordance with its domestic
law and with due regard to the rights of the defence, to seek to ensure that
conditions imposed in connection with decisions on release pending trial or
appeal take into consideration the need to ensure the presence of the defendant
at subsequent criminal proceedings.
4.Each State Party shall ensure
that its courts or other competent authorities bear in mind the grave nature of
the offences covered by this Convention when considering the eventuality of
early release or parole of persons convicted of such offences.
5.Each State Party shall, where
appropriate, establish under its domestic law a long statute of limitations
period in which to commence proceedings for any offence covered by this
Convention and a longer period where the alleged offender has evaded the administration
of justice.
6.Nothing contained in this
Convention shall affect the principle that the description of the offences
established in accordance with this Convention and of the applicable legal
defences or other legal principles controlling the lawfulness of conduct is reserved
to the domestic law of a State Party and that such offences shall be prosecuted
and punished in accordance with that law.
1.States Parties shall adopt, to
the greatest extent possible within their domestic legal systems, such measures
as may be necessary to enable confiscation of:
(a) Proceeds of crime derived from
offences covered by this Convention or property the value of which corresponds
to that of such proceeds;
(b) Property, equipment or other
instrumentalities used in or destined for use in offences covered by this
Convention.
2.States Parties shall adopt such
measures as may be necessary to enable the identification, tracing, freezing or
seizure of any item referred to in paragraph 1 of this article for the purpose
of eventual confiscation.
3.If proceeds of crime have been
transformed or converted, in part or in full, into other property, such
property shall be liable to the measures referred to in this article instead of
the proceeds.
4.If proceeds of crime have been
intermingled with property acquired from legitimate sources, such property
shall, without prejudice to any powers relating to freezing or seizure, be
liable to confiscation up to the assessed value of the intermingled proceeds.
5.Income or other benefits derived
from proceeds of crime, from property into which proceeds of crime have been
transformed or converted or from property with which proceeds of crime have
been intermingled shall also be liable to the measures referred to in this
article, in the same manner and to the same extent asproceeds
of crime.
6.For the purposes of this article
and article 13 of this Convention, each State Party shall empower its courts or
other competent authorities to order that bank, financial or commercial records
be made available or be seized.States Parties shall not decline to act under
the provisions of this paragraph on the ground of banksecrecy.
7.States Parties may consider the
possibility of requiring that an offender demonstrate the lawful origin of
alleged proceeds of crime or other property liable to confiscation, to the
extent that such a requirement is consistent with the principles of their
domestic law and with the nature of the judicial and other proceedings.
8.The provisions of this article
shall not be construed to prejudice 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 State Party.
Article 13 International cooperation for purposes of confiscation
1.A State Party that has received
a request from another State Party having jurisdiction over an offence covered
by this Convention for confiscation of proceeds of crime, property, equipment
or other instrumentalities referred to in article 12,paragraph 1, of this
Convention situated in its territory shall, to the greatest extent possible
within its domestic legal system:
(a) Submit the request to its
competent authorities for the purpose of obtaining an order of confiscation
and, if such an order is granted, give effect to it; or (b) Submit to its competent
authorities, with a view to giving effect to it to the extent requested, an
order of confiscation issued by a court in the territory of the requesting
State Party in accordance with article 12, paragraph 1, of this Convention insofar
as it relates to proceeds of crime, property, equipment or other instrumentalities
referred to in article 12, paragraph 1, situated in the territory of the requested
State Party.
2.Following a request made by
another State Party having jurisdiction over an offence covered by this
Convention, the requested State Party shall take measures to identify, trace
and freeze or seize proceeds of crime, property, equipment or other instrumentalities
referred to in article 12, paragraph 1, of this Convention for the purpose of
eventual confiscation to be ordered either by the requesting State Party or,
pursuant to a request under paragraph 1 of this article, by the requested State
Party.
3.The provisions of article 18 of
this Convention are applicable, mutatis mutandis, to this article.In addition
to the information specified in article 18,paragraph 15, requests made pursuant
to this article shall contain:
(a) In the case of a request
pertaining to paragraph 1 (a) of this article, a description of the property to
be confiscated and a statement of the facts relied upon by the requesting State
Party sufficient to enable the requested State Party to seek the order under
its domestic law;
(b) In the case of a request
pertaining to paragraph 1 (b) of this article, a legally admissible copy of an
order of confiscation upon which the request is based issued by the requesting
State Party, a statement of the facts and information as to the extent to which
execution of the order is requested;
(c) In the case of a request
pertaining to paragraph 2 of this article, a statement of the facts relied upon
by the requesting State Party and a description of the actions requested.
4.The decisions or actions
provided for in paragraphs 1 and 2 of this article shall be taken by the
requested State 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
State Party.
5.Each State Party shall furnish
copies of its laws and regulations that give effect to this article and of any
subsequent changes to such laws and regulations or a description thereof to the
Secretary-General of the United Nations.
6.If a State Party elects to make
the taking of the measures referred to in paragraphs 1 and 2 of this article
conditional on the existence of a relevant treaty,that State Party shall
consider this Convention the necessary and sufficient treaty basis.
7.Cooperation under this article
may be refused by a State Party if the offence to which the request relates is
not an offence covered by this Convention.
8.The provisions of this article
shall not be construed to prejudice the rights of bona fide third parties.
9.States Parties shall consider
concluding bilateral or multilateral treaties,agreements or arrangements to
enhance the effectiveness of international cooperation undertaken pursuant to
this article.
Article 14 Disposal of confiscated proceeds of crime or property
1.Proceeds of crime or property
confiscated by a State Party pursuant to articles 12 or 13, paragraph 1, of
this Convention shall be disposed of by that State Party in accordance with its
domestic law and administrative procedures.
2.When acting on the request made
by another State Party in accordance with article 13 of this Convention, States
Parties shall, to the extent permitted by domestic law and if so requested,
give priority consideration to returning the confiscated proceeds of crime or
property to the requesting State Party so that it can give compensation to the
victims of the crime or return such proceeds of crime or property to their
legitimate owners.
3.When acting on the request made
by another State Party in accordance with articles 12 and 13 of this
Convention, a State Party may give special consideration to concluding
agreements or arrangements on:
(a) Contributing the value of such
proceeds of crime or property or funds derived from the sale of such proceeds
of crime or property or a part thereof to the account designated in accordance
with article 30, paragraph 2 (c), of this Convention and to intergovernmental
bodies specializing in the fight againstorganized
crime;
(b) Sharing with other States
Parties, on a regular or case-by-case basis, such proceeds of crime or
property, or funds derived from the sale of such proceeds of crime or property,
in accordance with its domestic law or administrative procedures.
1.Each State Party shall adopt
such measures as may be necessary to establish its jurisdiction over the
offences established in accordance with articles 5,6, 8 and 23 of this
Convention when:
(a) The offence is committed in
the territory of that State Party; or (b) The offence is committed on
board a vessel that is flying the flag of that State Party or an aircraft that
is registered under the laws of that State Party at the time that the offence
is committed.
2.Subject to article 4 of this
Convention, a State Party may also establish its jurisdiction over any such
offence when:
(a) The offence is committed
against a national of that State Party;
(b) The offence is committed by a
national of that State Party or a stateless person who has his or her habitual
residence in its territory; or (c) The offence is:
(i) One of those established in
accordance with article 5, paragraph 1, of this Convention and is committed
outside its territory with a view to the commission of a serious crime within
its territory;
(ii) One of those established in
accordance with article 6, paragraph 1 (b) (ii),of this Convention and is
committed outside its territory with a view to the commission of an offence
established in accordance with article 6,paragraph 1 (a) (i) or (ii) or (b)
(i), of this Convention within its territory.
3.For the purposes of article 16,
paragraph 10, of this Convention, each State Party shall adopt such measures as
may be necessary to establish its jurisdiction over the offences covered by
this Convention when the alleged offender is present in its territory and it
does not extradite such person solely on the ground that he or she is one of
its nationals.
4.Each State Party may also adopt
such measures as may be necessary to establish its jurisdiction over the
offences covered by this Convention when the alleged offender is present in its
territory and it does not extradite him or her.
5.If a State Party exercising its
jurisdiction under paragraph 1 or 2 of this article has been notified, or has
otherwise learned, that one or more other States Parties are conducting an
investigation, prosecution or judicial proceeding in respect of the same
conduct, the competent authorities of those States Parties shall, asappropriate,
consult one another with a view to coordinating their actions.
6.Without prejudice to norms of
general international law, this Convention does not exclude the exercise of any
criminal jurisdiction established by a State Party in accordance with its
domestic law.
1.This article shall apply to the
offences covered by this Convention or in cases where an offence referred to in
article 3, paragraph 1 (a) or (b), involves an organized criminal group and the
person who is the subject of the request for extradition is located in the
territory of the requested State Party, provided that the offence for which
extradition is sought is punishable under the domestic law of both the
requesting State Party and the requested State Party.
2.If the request for extradition
includes several separate serious crimes,some of which are not covered by this
article, the requested State Party may apply this article also in respect of
the latter offences.
3.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 States Parties.States Parties
undertake to include such offences as extraditable offences in every
extradition treaty to be concluded between them.
4.If a State Party that makes
extradition conditional on the existence of atreaty
receives a request for extradition from another State Party with which it has no
extradition treaty, it may consider this Convention the legal basis for
extradition in respect of any offence to which this article applies.
5.States Parties that make
extradition conditional on the existence of a treaty shall:
(a) At the time of deposit of
their instrument of ratification, acceptance,approval of or accession to this Convention,
inform the Secretary-General of the United Nations whether they will take this
Convention as the legal basis for cooperation on extradition with other States
Parties to this Convention; and (b) If they do not take this
Convention as the legal basis for cooperation on extradition, seek, where
appropriate, to conclude treaties on extradition with other States Parties to
this Convention in order to implement this article.
6.States Parties that do not make
extradition conditional on the existence of a treaty shall recognize offences
to which this article applies as extraditable offences between themselves.
7.Extradition shall be subject to
the conditions provided for by the domestic law of the requested State Party or
by applicable extradition treaties,including, inter alia, conditions in
relation to the minimum penalty requirement for extradition and the grounds
upon which the requested State Party may refuse extradition.
8.States Parties shall, subject to
their domestic law, endeavour to expedite extradition procedures and to
simplify evidentiary requirements relating thereto in respect of any offence to
which this article applies.
9.Subject to the provisions of its
domestic law and its extradition treaties,the requested State Party may, upon
being satisfied that the circumstances so warrant and are urgent and at the
request of the requesting State 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 or her presence at extradition proceedings.
10.A State Party in whose
territory an alleged offender is found, if it does not extradite such person in
respect of an offence to which this article applies solely on the ground that
he or she is one of its nationals, shall, at the request of the State Party
seeking extradition, be obliged to submit the case without undue delay to its competent
authorities for the purpose of prosecution.Those authorities shall take their
decision and conduct their proceedings in the same manner as in the case of any
other offence of a grave nature under the domestic law of that State Party.The States
Parties concerned shall cooperate with each other, in particular on procedural and
evidentiary aspects, to ensure the efficiency of such prosecution.
11.Whenever a State Party is
permitted under its domestic law to extradite or otherwise surrender one of its
nationals only upon the condition that the person will be returned to that
State Party to serve the sentence imposed as a result of the trial or
proceedings for which the extradition or surrender of the person was sought and
that State Party and the State Party seeking the extradition of the person
agree with this option and other terms that they may deem appropriate, such
conditional extradition or surrender shall be sufficient to discharge the
obligation set forth in paragraph 10 of this article.
12.If extradition, sought for
purposes of enforcing a sentence, is refused because the person sought is a
national of the requested State Party, the requested Party shall, if its
domestic law so permits and in conformity with the requirements of such law,
upon application of the requesting Party, consider the enforcement of the
sentence that has been imposed under the domestic law of the requesting Party or
the remainder thereof.
13.Any person regarding whom
proceedings are being carried out in connection with any of the offences to
which this article applies shall be guaranteed fair treatment at all stages of
the proceedings, including enjoyment of all the rights and guarantees provided
by the domestic law of the State Party in the territory of which that person is
present.
14.Nothing in this Convention
shall be interpreted as imposing an obligation to extradite if the requested
State Party has substantial grounds for believing that the request has been
made for the purpose of prosecuting or punishing a person on account of that
person’s sex, race, religion, nationality, ethnic origin or political opinions
or that compliance with the request would cause prejudice to that person’s position
for any one of these reasons. 15.States Parties may not refuse a
request for extradition on the sole ground that the offence is also considered
to involve fiscal matters.
16.Before refusing extradition,
the requested State Party shall, where appropriate, consult with the requesting
State Party to provide it with ample opportunity to present its opinions and to
provide information relevant to its allegation.
17.States Parties shall seek to
conclude bilateral and multilateral agreements or arrangements to carry out or
to enhance the effectiveness of extradition.
States Parties may consider
entering into bilateral or multilateral agreements or arrangements on the
transfer to their territory of persons sentenced to imprisonment or other forms
of deprivation of liberty for offences covered by this Convention, in order
that they may complete their sentences there.
1.States Parties shall afford one
another the widest measure of mutual legal assistance in investigations, prosecutions
and judicial proceedings in relation to the offences covered by this Convention
as provided for in article 3 and shall reciprocally extend to one another
similar assistance where the requesting State Party has reasonable grounds to
suspect that the offence referred to in article 3,paragraph 1 (a) or (b), is
transnational in nature, including that victims, witnesses,proceeds,
instrumentalities or evidence of such offences are located in the requested State
Party and that the offence involves an organized criminal group.
2.Mutual legal assistance shall be
afforded to the fullest extent possible under relevant laws, treaties,
agreements and arrangements of the requested State Party with respect to
investigations, prosecutions and judicial proceedings in relation to the
offences for which a legal person may be held liable in accordance with article
10 of this Convention in the requesting State Party.
3.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
docxuments;
(c) Executing searches and
seizures, and freezing;
(d) Examining objects and sites;
(e) Providing information,
evidentiary items and expert evaluations;
(f) Providing originals or
certified copies of relevant docxuments and records,
including
government, bank, financial, corporate or business records;
(g) Identifying or tracing
proceeds of crime, property, instrumentalities or other things for evidentiary
purposes;
(h) Facilitating the voluntary
appearance of persons in the requesting State Party;
(i) Any other type of assistance
that is not contrary to the domestic law of the requested State Party.
4.Without prejudice to domestic
law, the competent authorities of a State Party may, without prior request,
transmit information relating to criminal matters to a competent authority in
another State Party where they believe that such information could assist the
authority in undertaking or successfully concluding inquiries and criminal
proceedings or could result in a request formulated by the latter State Party
pursuant to this Convention.
5.The transmission of information
pursuant to paragraph 4 of this article shall be without prejudice to inquiries
and criminal proceedings in the State of the competent authorities providing
the information.The competent authorities receiving the information shall
comply with a request that said information remain confidential, even
temporarily, or with restrictions on its use.However, this shall not prevent
the receiving State Party from disclosing in its proceedings information that is
exculpatory to an accused person.In such a case, the receiving State Party
shall notify the transmitting State Party prior to the disclosure and, if so
requested,
consult
with the transmitting State Party.If, in an exceptional case, advance notice is
not possible, the receiving State Party shall inform the transmitting State
Party of the disclosure without delay.
6.The provisions of this article
shall not affect the obligations under any other treaty, bilateral or
multilateral, that governs or will govern, in whole or in part,mutual legal
assistance.
7.Paragraphs 9 to 29 of this
article shall apply to requests made pursuant to this article if the States
Parties in question are not bound by a treaty of mutual legal assistance.If
those States Parties are bound by such a treaty, the corresponding provisions
of that treaty shall apply unless the States Parties agree to applyparagraphs
9 to 29 of this article in lieu thereof.States Parties are strongly encouraged
to apply these paragraphs if they facilitate cooperation.
8.States Parties shall not decline
to render mutual legal assistance pursuant to this article on the ground of
bank secrecy.
9.States Parties may decline to
render mutual legal assistance pursuant to this article on the ground of
absence of dual criminality.However, the requested State Party may, when it
deems appropriate, provide assistance, to the extent it decides at its
discretion, irrespective of whether the conduct would constitute an offence
under the domestic law of the requested State Party.
10.A person who is being detained
or is serving a sentence in the territory of one State Party whose presence in
another State Party is requested for purposes of identification, testimony or
otherwise providing assistance in obtaining evidence for investigations,
prosecutions or judicial proceedings in relation to offences covered by this
Convention may be transferred if the following conditions are met:
(a) The person freely gives his or
her informed consent;
(b) The competent authorities of
both States Parties agree, subject to such conditions as those States Parties
may deem appropriate.
11.For the purposes of paragraph
10 of this article:
(a) The State Party to which the
person is transferred shall have the authority and obligation to keep the
person transferred in custody, unless otherwise requested or authorized by the
State Party from which the person was transferred;
(b) The State Party to which the
person is transferred shall without delay implement its obligation to return
the person to the custody of the State Party from which the person was
transferred as agreed beforehand, or as otherwise agreed, by the competent
authorities of both States Parties;
(c) The State Party to which the
person is transferred shall not require the State Party from which the person
was transferred to initiate extradition proceedings for the return of the
person;
(d) The person transferred shall
receive credit for service of the sentence being served in the State from which
he or she was transferred for time spent in the custody of the State Party to
which he or she was transferred.
12.Unless the State Party from
which a person is to be transferred in accordance with paragraphs 10 and 11 of
this article so agrees, that person, whatever his or her nationality, shall not
be prosecuted, detained, punished or subjected to any other restriction of his
or her personal liberty in the territory of the State to whichthat
person is transferred in respect of acts, omissions or convictions prior to his
or her departure from the territory of the State from which he or she was
transferred.
13.Each State Party shall
designate a central authority that shall have the responsibility and power to
receive requests for mutual legal assistance and either to execute them or to
transmit them to the competent authorities for execution.Where a State Party
has a special region or territory with a separate system of mutual legal assistance,
it may designate a distinct central authority that shall have the same function
for that region or territory.Central authorities shall ensure the speedy and proper
execution or transmission of the requests received.Where the central authority
transmits the request to a competent authority for execution, it shall encourage
the speedy and proper execution of the request by the competent authority.The
Secretary-General of the United Nations shall be notified of the central
authority designated for this purpose at the time each State Party deposits its
instrument of ratification, acceptance or approval of or accession to this
Convention.
Requests
for mutual legal assistance and any communication related thereto shall
betransmitted to the central authorities designated by the States Parties.This requirement
shall be without prejudice to the right of a State Party to require that such
requests and communications be addressed to it through diplomatic channels and,
in urgent circumstances, where the States Parties agree, through the International
Criminal Police Organization, if possible.
14.Requests shall be made in
writing or, where possible, by any means capable of producing a written record,
in a language acceptable to the requested State Party, under conditions
allowing that State Party to establish authenticity.The Secretary-General of
the United Nations shall be notified of the language or languages acceptable to
each State Party at the time it deposits its instrument of ratification,
acceptance or approval of or accession to this Convention.In urgent circumstances
and where agreed by the States Parties, requests may be made orally,but shall
be confirmed in writing forthwith.
15.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 judicial proceeding to which the request relates
and the name and functions of the authority conducting the investigation,
prosecution or judicial proceeding;
(c) A summary of the relevant
facts, except in relation to requests for the purpose of service of judicial
docxuments;
(d) A description of the
assistance sought and details of any particular procedure that the requesting
State Party wishes to be followed;
(e) Where possible, the identity,
location and nationality of any person concerned; and
(f) The purpose for which the
evidence, information or action is sought.
16.The requested State 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.
17.A request shall be executed in
accordance with the domestic law of the requested State Party and, to the
extent not contrary to the domestic law of the requested State Party and where
possible, in accordance with the procedures specified in the request.
18.Wherever possible and
consistent with fundamental principles of domestic law, when an individual is
in the territory of a State Party and has to be heard as a witness or expert by
the judicial authorities of another State Party, the first State Party may, at
the request of the other, permit the hearing to take place by video conference
if it is not possible or desirable for the individual in question to appear in
person in the territory of the requesting State Party.States Parties may agree
that the hearing shall be conducted by a judicial authority of the requesting State
Party and attended by a judicial authority of the requested State Party.
19.The requesting State Party
shall not transmit or use information or evidence furnished by the requested
State Party for investigations, prosecutions or judicial proceedings other than
those stated in the request without the prior consent of the requested State
Party.Nothing in this paragraph shall prevent the requesting State Party from
disclosing in its proceedings information or evidence that is exculpatory to an
accused person.In the latter case, the requesting State Party shall notify the
requested State Party prior to the disclosure and, if so requested, consult with
the requested State Party.If, in an exceptional case, advance notice is not possible,
the requesting State Party shall inform the requested State Party of the disclosure
without delay.
20.The requesting State Party may
require that the requested State Party keep confidential the fact and substance
of the request, except to the extent necessary to execute the request.If the
requested State Party cannot comply with the requirement of confidentiality, it
shall promptly inform the requesting State Party.
21.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 State Party
considers that execution of the request is likely to prejudice its sovereignty,
security, ordre public or other essential interests;
(c) If the authorities of the
requested State 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 judicial proceedings under their own
jurisdiction;
(d) If it would be contrary to the
legal system of the requested State Party relating to mutual legal assistance
for the request to be granted.
22.States Parties may not refuse a
request for mutual legal assistance on the sole ground that the offence is also
considered to involve fiscal matters.
23.Reasons shall be given for any
refusal of mutual legal assistance.
24.The requested State Party shall
execute the request for mutual legal assistance as soon as possible and shall
take as full account as possible of any deadlines suggested by the requesting
State Party and for which reasons are given,preferably in the request.The
requested State Party shall respond to reasonable requests by the requesting
State Party on progress of its handling of the request.The requesting State
Party shall promptly inform the requested State Party when the assistance
sought is no longer required.
25.Mutual legal assistance may be
postponed by the requested State Party on the ground that it interferes with an
ongoing investigation, prosecution or judicial proceeding.
26.Before refusing a request
pursuant to paragraph 21 of this article or postponing its execution pursuant
to paragraph 25 of this article, the requested State Party shall consult with
the requesting State Party to consider whether assistance may be granted
subject to such terms and conditions as it deems necessary.If the requesting
State Party accepts assistance subject to those conditions, it shall comply with
the conditions.
27.Without prejudice to the application
of paragraph 12 of this article, a witness, expert or other person who, at the
request of the requesting State Party,consents to give evidence in a proceeding
or to assist in an investigation,prosecution or judicial proceeding in the
territory of the requesting State Party shall not be prosecuted, detained,
punished or subjected to any other restriction of his or her personal liberty
in that territory in respect of acts, omissions or convictions prior to his or
her departure from the territory of the requested State 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 States Parties
from the date on which he or she has been officially informed that his or her presence
is no longer required by the judicial authorities, an opportunity of
leaving,has nevertheless remained voluntarily in the territory of the
requesting State Party or, having left it, has returned of his or her own free
will.
28.The ordinary costs of executing
a request shall be borne by the requested State Party, unless otherwise agreed
by the States Parties concerned.If expenses of a substantial or extraordinary
nature are or will be required to fulfil the request, the States 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.
29.The requested State Party:
(a) Shall provide to the
requesting State Party copies of government records,docxuments or information in
its possession that under its domestic law are available to the general public;
(b) May, at its discretion,
provide to the requesting State Party in whole, in part or subject to such
conditions as it deems appropriate, copies of any government records, docxuments
or information in its possession that under its domestic law are not available
to the general public.
30.States 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.
States Parties shall consider
concluding bilateral or multilateral agreements or arrangements whereby, in
relation to matters that are the subject of investigations,prosecutions or
judicial proceedings in one or more States, the competent authorities concerned
may establish joint investigative bodies.In the absence of suchagreements
or arrangements, joint investigations may be undertaken by agreement on a
case-by-case basis.The States Parties involved shall ensure that the
sovereignty of the State Party in whose territory such investigation is to take
place is fully respected.
1.If permitted by the basic
principles of its domestic legal system, each State Party shall, within its
possibilities and under the conditions prescribed by its domestic law, take the
necessary measures to allow for the appropriate use of controlled delivery and,
where it deems appropriate, for the use of other specialinvestigative
techniques, such as electronic or other forms of surveillance and undercover
operations, by its competent authorities in its territory for the purpose of effectively
combating organized crime.
2.For the purpose of investigating
the offences covered by this Convention,States Parties are encouraged to
conclude, when necessary, appropriate bilateral or multilateral agreements or
arrangements for using such special investigative techniques in the context of
cooperation at the international level.Such agreementsor
arrangements shall be concluded and implemented in full compliance with the principle
of sovereign equality of States and shall be carried out strictly in accordance
with the terms of those agreements or arrangements.
3.In the absence of an agreement
or arrangement as set forth in paragraph 2 of this article, decisions to use
such special investigative techniques at the international level 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 States Parties concerned.
4.Decisions to use controlled
delivery at the international level may, with the consent of the States Parties
concerned, include methods such as intercepting and allowing the goods to
continue intact or be removed or replaced in whole or in part.
States Parties shall consider the
possibility of transferring to one another proceedings for the prosecution of
an offence covered by this Convention in cases where such transfer is
considered to be in the interests of the proper administration of justice, in
particular in cases where several jurisdictions are involved, with a viewto
concentrating the prosecution.
Each State Party may adopt such
legislative or other measures as may be necessary to take into consideration,
under such terms as and for the purpose that it deems appropriate, any previous
conviction in another State of an alleged offender for the purpose of using
such information in criminal proceedings relating to an offence covered by this
Convention.
Article 23 Criminalization of obstruction of justice
Each State Party shall adopt such
legislative and other measures as may be necessary to establish as criminal
offences, when committed intentionally:
(a) The use of physical force,
threats or intimidation or the promise, offering or giving of an undue
advantage to induce false testimony or to interfere in the giving of testimony
or the production of evidence in a proceeding in relation to the commission of
offences covered by this Convention;
(b) The use of physical force,
threats or intimidation to interfere with the exercise of official duties by a
justice or law enforcement official in relation to the commission of offences
covered by this Convention.Nothing in this subparagraph shall prejudice the
right of States Parties to have legislation that protects other categories of public
officials.
1.Each State Party shall take
appropriate measures within its means to provide effective protection from
potential retaliation or intimidation for witnesses in criminal proceedings who
give testimony concerning offences covered by this Convention and, as
appropriate, for their relatives and other persons close to them.
2.The measures envisaged in
paragraph 1 of this article may include, inter alia,without prejudice to the
rights of the defendant, including the right to due process:
(a) Establishing procedures for
the physical protection of such persons, such as, to the extent necessary and
feasible, relocating them and permitting, where appropriate, non-disclosure or
limitations on the disclosure of information concerning the identity and
whereabouts of such persons;
(b) Providing evidentiary rules to
permit witness testimony to be given in a manner that ensures the safety of the
witness, such as permitting testimony to be given through the use of
communications technology such as video links or other adequate means.
3.States Parties shall consider
entering into agreements or arrangements with other States for the relocation
of persons referred to in paragraph 1 of this article.
4.The provisions of this article
shall also apply to victims insofar as they are witnesses.
Article 25 Assistance to and protection of victims
1.Each State Party shall take
appropriate measures within its means to provide assistance and protection to victims
of offences covered by this Convention,in particular in cases of threat of
retaliation or intimidation.
2.Each State Party shall establish
appropriate procedures to provide access to compensation and restitution for
victims of offences covered by this Convention.
3.Each State Party shall, subject
to its domestic law, enable views and concerns of victims to be presented and
considered at appropriate stages of criminal proceedings against offenders in a
manner not prejudicial to the rights of the defence.
Article 26 Measures to enhance cooperation with law enforcement authorities
1.Each State Party shall take
appropriate measures to encourage persons who participate or who have
participated in organized criminal groups:
(a) To supply information useful
to competent authorities for investigative and evidentiary purposes on such
matters as:
(i) The identity, nature,
composition, structure, location or activities of organized criminal groups;
(ii) Links, including
international links, with other organized criminal groups;
(iii) Offences that organized
criminal groups have committed or may commit; (b) To
provide factual, concrete help to competent authorities that may contribute to
depriving organized criminal groups of their resources or of the proceeds of
crime.
2.Each State Party shall consider
providing for the possibility, in appropriate cases, of mitigating punishment
of an accused person who provides substantial cooperation in the investigation
or prosecution of an offence covered by this Convention.
3.Each State Party shall consider
providing for the possibility, in accordance with fundamental principles of its
domestic law, of granting immunity from prosecution to a person who provides
substantial cooperation in the investigation or prosecution of an offence
covered by this Convention. 4.Protection of such persons shall
be as provided for in article 24 of this Convention.
5.Where a person referred to in
paragraph 1 of this article located in one State Party can provide substantial
cooperation to the competent authorities of another State Party, the States
Parties concerned may consider entering into agreements or arrangements, in
accordance with their domestic law, concerning the potential provision by the
other State Party of the treatment set forth in paragraphs 2 and 3 of this
article.
1.States Parties shall cooperate
closely with one another, consistent with their respective domestic legal and
administrative systems, to enhance the effectiveness of law enforcement action
to combat the offences covered by this Convention.Each State Party shall, in
particular, adopt effective measures:
(a) To enhance and, where
necessary, to establish channels of communication between their competent
authorities, agencies and services in order to facilitate the secure and rapid
exchange of information concerning all aspects of the offences covered by this
Convention, including, if the States Parties concerneddeem it
appropriate, links with other criminal activities;
(b) To cooperate with other States
Parties in conducting inquiries with respect to offences covered by this
Convention concerning:
(i) The identity, whereabouts and
activities of persons suspected of involvement in such offences or the location
of other persons concerned;
(ii) The movement of proceeds of
crime or property derived from the commission of such offences;
(iii) The movement of property,
equipment or other instrumentalities used or intended for use in the commission
of such offences;
(c) To provide, when appropriate,
necessary items or quantities of substancesfor
analytical or investigative purposes;
(d) To facilitate effective
coordination between their competent authorities,agencies and services and to
promote the exchange of personnel and other experts,including, subject to
bilateral agreements or arrangements between the States Parties concerned, the
posting of liaison officers;
(e) To exchange information with
other States Parties on specific means and methods used by organized criminal
groups, including, where applicable, routes and conveyances and the use of
false identities, altered or false docxuments or other means of concealing their
activities;
(f) To exchange information and
coordinate administrative and other measures taken as appropriate for the
purpose of early identification of the offences covered by this Convention.
2.With a view to giving effect to
this Convention, States Parties shall consider entering into bilateral or
multilateral agreements or arrangements on direct cooperation between their law
enforcement agencies and, where such agreements or arrangements already exist,
amending them.In the absence of such agreements orarrangements
between the States Parties concerned, the Parties may consider this Convention
as the basis for mutual law enforcement cooperation in respect of the offences
covered by this Convention.Whenever appropriate, States Parties shall make full
use of agreements or arrangements, including international or regional organizations,
to enhance the cooperation between their law enforcement agencies.
3.States Parties shall endeavour
to cooperate within their means to respond to transnational organized crime
committed through the use of modern technology.
Article 28 Collection, exchange and analysis of information on the nature of
organized crime
1.Each State Party shall consider
analysing, in consultation with the scientific and academic communities, trends
in organized crime in its territory, the circumstances in which organized crime
operates, as well as the professional groups and technologies involved.
2.States Parties shall consider
developing and sharing analytical expertise concerning organized criminal
activities with each other and through international and regional
organizations.For that purpose, common definitions, standards and methodologies
should be developed and applied as appropriate.
3.Each State Party shall consider
monitoring its policies and actual measures to combat organized crime and
making assessments of their effectiveness and efficiency.
1.Each State Party shall, to the
extent necessary, initiate, develop or improve specific training programmes for
its law enforcement personnel, including prosecutors, investigating magistrates
and customs personnel, and other personnel charged with the prevention,
detection and control of the offences covered by this Convention.Such
programmes may include secondments and exchanges of staff.Such programmes shall
deal, in particular and to the extent permitted by domestic law, with the
following:
(a) Methods used in the
prevention, detection and control of the offences covered by this Convention;
(b) Routes and techniques used by
persons suspected of involvement in offences covered by this Convention,
including in transit States, and appropriate countermeasures;
(c) Monitoring of the movement of
contraband;
(d) Detection and monitoring of
the movements of proceeds of crime,property, equipment or other
instrumentalities and methods used for the transfer,concealment or disguise of
such proceeds, property, equipment or other instrumentalities, as well as
methods used in combating money-laundering and other financial crimes;
(e) Collection of evidence;
(f) Control techniques in free
trade zones and free ports;
(g) Modern law enforcement
equipment and techniques, including electronic surveillance, controlled
deliveries and undercover operations;
(h) Methods used in combating
transnational organized crime committed through the use of computers,
telecommunications networks or other forms of modern technology; and
(i) Methods used in the protection
of victims and witnesses.
2.States Parties shall assist one
another in planning and implementing research and training programmes designed
to share expertise in the areas referred to in paragraph 1 of this article and
to that end shall also, when appropriate, use regional and international
conferences and seminars to promote cooperation and to stimulate discussion on
problems of mutual concern, including the special problems and needs of transit
States.
3.States Parties shall promote
training and technical assistance that will facilitate extradition and mutual
legal assistance.Such training and technical assistance may include language
training, secondments and exchanges between personnel in central authorities or
agencies with relevant responsibilities.
4.In the case of existing
bilateral and multilateral agreements or arrangements, States Parties shall
strengthen, to the extent necessary, efforts to maximize operational and
training activities within international and regional organizations and within
other relevant bilateral and multilateral agreements or arrangements.
Article 30 Other measures: implementation of the Convention through economic
development and technical assistance
1.States Parties shall take
measures conducive to the optimal implementation of this Convention to the
extent possible, through international cooperation, taking into account the
negative effects of organized crime on society in general, in particular on
sustainable development.
2.States Parties shall make
concrete efforts to the extent possible and in coordination with each other, as
well as with international and regional organizations:
(a) To enhance their cooperation
at various levels with developing countries, with a view to strengthening the
capacity of the latter to prevent and combat transnational organized crime;
(b) To enhance financial and
material assistance to support the efforts of developing countries to fight
transnational organized crime effectively and to help them implement this
Convention successfully;
(c) To provide technical
assistance to developing countries and countries with economies in transition
to assist them in meeting their needs for the implementation of this
Convention.To that end, States Parties shall endeavour to make adequate and
regular voluntary contributions to an account specifically designated for that
purpose in a United Nations funding mechanism.States Parties may also give
special consideration, in accordance with their domestic law and the provisions
of this Convention, to contributing to the aforementioned account a percentage
of the money or of the corresponding value of proceeds of crime or property
confiscated in accordance with the provisions of this Convention;
(d) To encourage and persuade
other States and financial institutions as appropriate to join them in efforts
in accordance with this article, in particular by providing more training
programmes and modern equipment to developing countries in order to assist them
in achieving the objectives of this Convention.
3.To the extent possible, these
measures shall be without prejudice to existing foreign assistance commitments
or to other financial cooperation arrangements at the bilateral, regional or
international level.
4.States Parties may conclude
bilateral or multilateral agreements or arrangements on material and logistical
assistance, taking into consideration the financial arrangements necessary for
the means of international cooperation provided for by this Convention to be
effective and for the prevention, detection andcontrol of
transnational organized crime.
1.States Parties shall endeavour
to develop and evaluate national projects and to establish and promote best
practices and policies aimed at the prevention of transnational organized
crime.
2.States Parties shall endeavour,
in accordance with fundamental principles of their domestic law, to reduce
existing or future opportunities for organized criminal groups to participate
in lawful markets with proceeds of crime, through appropriate legislative,
administrative or other measures.These measures shouldfocus on:
(a) The strengthening of cooperation
between law enforcement agencies or prosecutors and relevant private entities,
including industry;
(b) The promotion of the
development of standards and procedures designed to safeguard the integrity of
public and relevant private entities, as well as codes of conduct for relevant
professions, in particular lawyers, notaries public, tax consultants and
accountants;
(c) The prevention of the misuse
by organized criminal groups of tender procedures conducted by public
authorities and of subsidies and licences granted by public authorities for
commercial activity;
(d) The prevention of the misuse
of legal persons by organized criminal groups; such measures could include:
(i) The establishment of public
records on legal and natural persons involved in the establishment, management
and funding of legal persons;
(ii) The introduction of the
possibility of disqualifying by court order or any appropriate means for a
reasonable period of time persons convicted ofoffences covered by this
Convention from acting as directors of legal persons incorporated within their
jurisdiction;
(iii) The establishment of
national records of persons disqualified from acting as directors of legal
persons; and
(iv) The exchange of information
contained in the records referred to in subparagraphs (d) (i) and (iii) of this
paragraph with the competent authorities of other States Parties.
3.States Parties shall endeavour
to promote the reintegration into society of persons convicted of offences
covered by this Convention.
4.States Parties shall endeavour
to evaluate periodically existing relevant legal instruments and administrative
practices with a view to detecting their vulnerability to misuse by organized
criminal groups.
5.States Parties shall endeavour
to promote public awareness regarding the existence, causes and gravity of and
the threat posed by transnational organized crime.Information may be
disseminated where appropriate through the mass media and shall include
measures to promote public participation in preventing and combating such
crime.
6.Each State Party shall inform
the Secretary-General of the United Nations of the name and address of the
authority or authorities that can assist other States Parties in developing
measures to prevent transnational organized crime.
7.States Parties shall, as
appropriate, collaborate with each other and relevant international and
regional organizations in promoting and developing the measures referred to in
this article.This includes participation in international projects aimed at the
prevention of transnational organized crime, for example by alleviating the
circumstances that render socially marginalized groups vulnerable to the action
of transnational organized crime.
Article 32 Conference of the Parties to the Convention
1.A Conference of the Parties to
the Convention is hereby established to improve the capacity of States Parties
to combat transnational organized crime and to promote and review the
implementation of this Convention.
2.The Secretary-General of the
United Nations shall convene the Conference of the Parties not later than one
year following the entry into force of this Convention.The Conference of the
Parties shall adopt rules of procedure and rules governing the activities set
forth in paragraphs 3 and 4 of this article (including rules concerning payment
of expenses incurred in carrying out those activities).
3.The Conference of the Parties
shall agree upon mechanisms for achieving the objectives mentioned in paragraph
1 of this article, including:
(a) Facilitating activities by
States Parties under articles 29, 30 and 31 of this Convention, including by
encouraging the mobilization of voluntary contributions;
(b) Facilitating the exchange of
information among States Parties on patterns and trends in transnational
organized crime and on successful practices forcombating it;
(c) Cooperating with relevant
international and regional organizations and non-governmental organizations;
(d) Reviewing periodically the
implementation of this Convention;
(e) Making recommendations to
improve this Convention and itsimplementation.
4.For the purpose of paragraphs 3
(d) and (e) of this article, the Conference of the Parties shall acquire the
necessary knowledge of the measures taken by States Parties in implementing
this Convention and the difficulties encountered by them in doing so through
information provided by them and through such supplemental review mechanisms as
may be established by the Conference of the Parties.
5.Each State Party shall provide
the Conference of the Parties with information on its programmes, plans and
practices, as well as legislative and administrative measures to implement this
Convention, as required by the Conference of the Parties.
1.The Secretary-General of the
United Nations shall provide the necessary secretariat services to the Conference
of the Parties to the Convention.
2.The secretariat shall:
(a) Assist the Conference of the
Parties in carrying out the activities set forth in article 32 of this
Convention and make arrangements and provide the necessary services for the
sessions of the Conference of the Parties;
(b) Upon request, assist States
Parties in providing information to the Conference of the Parties as envisaged
in article 32, paragraph 5, of this Convention; and
(c) Ensure the necessary
coordination with the secretariats of relevant international and regional
organizations.
1.Each State Party shall take the
necessary measures, including legislative and administrative measures, in
accordance with fundamental principles of its domestic law, to ensure the
implementation of its obligations under this Convention.
2.The offences established in
accordance with articles 5, 6, 8 and 23 of this Convention shall be established
in the domestic law of each State Party independently of the transnational
nature or the involvement of an organized criminal group as described in
article 3, paragraph 1, of this Convention, except to the extent that article 5
of this Convention would require the involvement of an organized criminal
group.
3.Each State Party may adopt more
strict or severe measures than those provided for by this Convention for
preventing and combating transnational organized crime.
l.States Parties shall endeavour
to settle disputes concerning the interpretation or application of this
Convention through negotiation.
2.Any dispute between two or more
States Parties concerning the interpretation or application of this Convention
that cannot be settled through negotiation within a reasonable time shall, at
the request of one of those States Parties, be submitted to arbitration.If, six
months after the date of the request for arbitration, those States Parties are
unable to agree on the organization of the arbitration, any one of those States
Parties may refer the dispute to the International Court of Justice by request
in accordance with the Statute of the Court.
3.Each State Party may, at the
time of signature, ratification, acceptance or approval of or accession to this
Convention, declare that it does not consider itself bound by paragraph 2 of
this article.The other States Parties shall not be bound by paragraph 2 of this
article with respect to any State Party that has made such a reservation.
4.Any State Party that has made a
reservation in accordance with paragraph 3 of this article may at any time
withdraw that reservation by notification to the Secretary-General of the
United Nations.
Article 36 Signature, ratification, acceptance, approval and accession
1.This Convention shall be open to
all States for signature from 12 to 15 December 2000 in Palermo, Italy, and
thereafter at United Nations Headquarters in New York until 12 December 2002.
2.This Convention shall also be
open for signature by regional economic integration organizations provided that
at least one member State of such organization has signed this Convention in
accordance with paragraph 1 of this article.
3.This Convention is subject to
ratification, acceptance or approval.Instruments of ratification, acceptance or
approval shall be deposited with the Secretary-General of the United Nations.A
regional economic integration organization may deposit its instrument of
ratification, acceptance or approval if at least one of its member States has
done likewise.In that instrument of ratification,acceptance or approval, such
organization shall declare the extent of its competence with respect to the
matters governed by this Convention.Such organization shall also inform the
depositary of any relevant modification in the extent of its competence.
4.This Convention is open for
accession by any State or any regional economic integration organization of
which at least one member State is a Party to this Convention.Instruments of
accession shall be deposited with the Secretary-General of the United
Nations.At the time of its accession, a regional economic integration
organization shall declare the extent of its competence with respect to matters
governed by this Convention.Such organization shall also inform the depositary
of any relevant modification in the extent of its competence.
1.This Convention may be
supplemented by one or more protocols. 2.In order to become a Party to a
protocol, a State or a regional economic integration organization must also be
a Party to this Convention.
3.A State Party to this Convention
is not bound by a protocol unless it becomes a Party to the protocol in
accordance with the provisions thereof.
4.Any protocol to this Convention
shall be interpreted together with this Convention, taking into account the
purpose of that protocol.
1.This Convention shall enter into
force on the ninetieth day after the date of deposit of the fortieth instrument
of ratification, acceptance, approval or accession.For the purpose of this
paragraph, any instrument deposited by a regional economic integration
organization shall not be counted as additional to those deposited by member
States of such organization.
2.For each State or regional
economic integration organization ratifying,accepting, approving or acceding to
this Convention after the deposit of the fortieth instrument of such action,
this Convention shall enter into force on the thirtieth day after the date of
deposit by such State or organization of the relevant instrument.
1.After the expiry of five years
from the entry into force of this Convention, a State Party may propose an
amendment and file it with the Secretary-General of the United Nations, who
shall thereupon communicate the proposed amendment to the States Parties and to
the Conference of the Parties to the Convention for the purpose of considering
and deciding on the proposal.The Conference of the Parties shall make every effort
to achieve consensus on each amendment.If all efforts at consensus have been
exhausted and no agreement has been reached, the amendment shall, as a last
resort, require for its adoption a twothirds majority vote of the States
Parties present and voting at the meeting of the Conference of the Parties.
2.Regional economic integration
organizations, in matters within their competence, shall exercise their right
to vote under this article with a number of votes equal to the number of their
member States that are Parties to this Convention.Such organizations shall not
exercise their right to vote if their member States exercise theirs and vice
versa.
3.An amendment adopted in
accordance with paragraph 1 of this article is subject to ratification,
acceptance or approval by States Parties.
4.An amendment adopted in
accordance with paragraph 1 of this article shall enter into force in respect
of a State Party ninety days after the date of the deposit with the
Secretary-General of the United Nations of an instrument of ratification,
acceptance or approval of such amendment.
5.When an amendment enters into
force, it shall be binding on those States Parties which have expressed their
consent to be bound by it.Other States Parties shall still be bound by the provisions
of this Convention and any earlier amendments that they have ratified, accepted
or approved.
1.A State Party may denounce this
Convention by written notification to the Secretary-General of the United
Nations.Such denunciation shall become effective one year after the date of
receipt of the notification by the Secretary-General.
2.A regional economic integration
organization shall cease to be a Party to this Convention when all of its
member States have denounced it.
3.Denunciation of this Convention
in accordance with paragraph 1 of this article shall entail the denunciation of
any protocols thereto.
1.The Secretary-General of the
United Nations is designated depositary of this Convention.
2.The original of this Convention,
of which the Arabic, Chinese, English,French, Russian and Spanish texts are
equally authentic, shall be deposited with the Secretary-General of the United
Nations.
IN WITNESS WHEREOF, the
undersigned plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed this Convention.
