The United Nations approved its first international cybercrime treaty yesterday. The effort succeeded despite opposition from tech companies and human rights groups, who warn that the agreement will permit countries to expand invasive electronic surveillance in the name of criminal investigations. Experts from these organizations say that the treaty undermines the global human rights of freedom of speech and expression because it contains clauses that countries could interpret to internationally prosecute any perceived crime that takes place on a computer system. The U.N. committee room erupted in applause after the convention’s adoption, as many members and delegates celebrated the finale of three years of difficult discussions. In commending the adoption, delegates such as South Africa’s cited the treaty’s support for countries with relatively smaller cyber infrastructure. But among the watchdog groups that monitored the meeting closely, the tone was funereal.* * * In the coming weeks, the treaty will head to a vote among the General Assembly’s 193 member states. If it’s accepted by a majority there, the treaty will move to the ratification process, in which individual country governments must sign on. (Kate Graham-Shaw, 'New U.N. Cybercrime Treaty Could Threaten Human Rights: Recently adopted United Nations treaty could lead to invasive digital surveillance, human rights experts warn,' Scientific American 9 Aug, 2024).
The Office of the High Commissioner for Human Rights distributed an "Information Note" in which it urged the following points:
(1) Explicit references to relevant human rights treaties; (2) Explicit provision to clarify that nothing in the Cybercrime Convention should be interpreted as impairing or reducing the
scope of States’ obligations under international human rights law; (3) Inclusion of a general safeguards clause to ensure that States implement the obligations under the Cybercrime Convention in compliance with their obligations under international human rights law; (4) Precise and narrow scope of criminal offences subject to the Cybercrime Convention that avoids criminalizing acts that enjoy protection under international human rights law, such as the exercise of freedom of expression; (5) Clear protection of the rights of the child, in compliance with the Convention on the Rights of the Child; (6) Clear provisions to avoid the misuse of procedural measures so as to protect the right to privacy and other rights; and (7) Formulation of provisions on international cooperation and mutual legal assistance that avoid any possible conflicts with States obligations under international human rights law. (Ibid., p. 2).
The scope of issues, however, were not limited to, nor necessarily principally focused on, the objections from a human rights lens. (some described here: 'What is the UN cybercrime treaty and why does it matter?'). Among the more interesting was "that the treaty could be applied to all crimes as long as they involve information and communication technology (ICT) systems." (Scientific American ). What is clear, though, from a parsing of the last available draft, was that the Cyber Crime Convention effectively permits States to do as they will and creates a presumption that other States will facilitate those choices, at least to the extent that they do not contravene their own rules. That, in itself, provides an important international framework for the regularization of this tendency to what is in many respects a modernized form of a more ancient approach to State centered cooperation around a loosely defined set of core principles with substantial possibility for contextual variation--even variation that makes consistency impossible at the margin. The way it will work in fact remains to be seen, assuming that the draft is adopted in some form by the General Assembly, and assuming further its ratification by States (subject to reservations). The position of Iraq may provide a template of sorts of what is coming:
Iraq participated in the meetings of the Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes from July 29 to August 9, 2024. The Chargé d’Affaires of Iraq’s Permanent Mission to the United Nations Dr. Abbas Kadhom Obaid, stressed in a statement delivered on behalf of the Republic of Iraq, the importance of the proposed convention to combat cybercrime, and called for avoiding including controversial content that would hinder its consensus. He also stressed the need to respect previous international instruments, and affirmed Iraq’s keenness to achieve international consensus, with its reservations on certain articles that are inconsistent with national legislation and values. Additionally, Dr. Obaid indicated Iraq’s general support for the convention for its contribution to strengthening international efforts to combat cybercrime, while stressing the importance of the convention’s provisions being consistent with national laws and Iraq’s societal, religious and cultural values. (Iraq Participates and Affirm its Stance on Adoption of United Nations Convention Against Cybercrime)
From the perspective of semiotics there is a certain sense to the bartering or arrangements among objects, the signification of which contributes to the interpretation of the spaces in which these objects, aggregated, are arranged and ordered. That ordering appears to impose hierarchy, both of the objects and of the values they represent. But the Treaty itself is an object which must itself be applied in a context in which it exists alongside an ever more complicated ecology of "treaty", "norm" and "regulatory" objects. And that suggests the primary beneficiary of these ever more baroque textual representations of value and expectations around which social relations are to be policed for good and otherwise--the techno-bureaucracies and their dependents who increasingly undertake the responsibilities not just of crafting, but also of applying these rule systems on populations (beneficiaries and culprits) for and against which the techno-bureaucrats govern (or rather manage) (on trajectories eg here).
What is clear, though, is that surveillance--data driven enforcement--will take center stage. That, in turn, requires a substantial legitimization of an enormous surveillance apparatus. But one does not need to focus on surveillance--the predicate to all of that analytics is equally transformative: the necessity to warehouse everything. That is in order for a cyber convention of this sort to work, it may be necessary to suck up all data into some sort of storage that can be accessed by the analytics necessary to parse crime from action. It follows, then, that when one adds the possibilities of big data governance (unavoidable in the case of this particular treaty), then the transformative potential for governance (away from political authorities and into the hands of a techno-bureaucratic class) becomes unavoidable, and with it the shift from politics to management (considered here, here, here, here, here, and here). It is no surprise, then, that these trajectories appear already to be converging around criminality and control (eg here). And yet, it is all done for a substantial good--at least at its core.
Regulatory governance is well within a process of transformation from a managerial system deeply embedded in the classical model of the rule-of-law state grounded in positive (or customary) law pronounced by an authoritative body clothed in the legislative power, to the world of the panopticon and the disciplines. Social relations and the institutions that support them are moving from physical to virtual spaces, from markets to platforms, and from managerialism to techno-bureaucracies. Within these techno-bureaucracies administrators articulate norms and objectives which are translated by coders into generative systems that then undertake their development and application. The transformation becomes decisive as language, standards, and operations become opaque to non-specialists and extra-administrative accountability weakens. That movement is at the heart of the operationalization of technology enhanced due diligence in the field of business and sustainability (including human rights). ([Online lecture] “You can’t stop the signal”: From the past to the future of digitally mediated sustainability due diligence?" (8 April 2024) 1630 CEST Asser Institute Spring Academy)
Cyber criminality is both a challenge and an opportunity. The complexities of these are enhanced as the web of international aspirations--and the regulatory and normative text elaborated in furtherance of these aspirations bloom like algae in a pond in summer; good until at some point fish and other life dies unless further intervention is undertaken which itself may produce additional adverse impacts--and so on. Good, bad and sacrifice appears to the be a fundamental pattern very much in evidence here. The issue here, as it will be elsewhere in international state supervised governance, will be to develop a convincing calculus that, however measured, the aggregate good attained will surpass the harmful impacts of attaining the good. That, inturn, requires both an admission and an analytics for balancing objectives against an increasingly comprehensive set of rights and expectations. The rest is politics, power, and perspective.
I will post the approved draft when available. For the moment the last revised draft (A/AC.291/22/Rev.2) is available HERE and below.
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Annex
Further revised draft text of the convention
United Nations Convention against Cybercrime
Preamble
The States Parties to the present Convention,
Bearing in mind the purposes and principles of the Charter of the United
Nations,
Noting that information and communications technologies, while having
enormous potential for the development of societies, create new opportunities for
perpetrators, may contribute to the increase in the rate and diversity of criminal
activities, and may have an adverse impact on States, enterprises and the well -being
of individuals and society as a whole,
Concerned that the use of information and communications technology systems
can have a considerable impact on the scale, speed and scope of criminal offences,
including offences related to terrorism and transnational organized crime, such as
trafficking in persons, smuggling of migrants, illicit manufacturing of and tra fficking
in firearms, their parts, components and ammunition, drug trafficking and trafficking
in cultural property,
Convinced of the need to pursue, as a matter of priority, a global criminal justice
policy aimed at the protection of society against cyb ercrime by, inter alia, adopting
appropriate legislation, establishing common offences and procedural powers and
fostering international cooperation to prevent and combat such activities more
effectively at the national, regional and international levels,
Determined to deny safe havens to those who engage in cybercrime by
prosecuting these crimes wherever they occur,
Stressing the need to enhance coordination and cooperation among States by,
inter alia, providing technical assistance and capacity-building, including the transfer
of technology on mutually agreed terms, to countries, in particular developing
countries, upon their request, to improve national legislation and frameworks and
enhance the capacity of national authorities to deal with cybercrime in all its forms,
including its prevention, detection, investigation and prosecution, and emphasizing in
this context the role that the United Nations plays,
Recognizing the increasing number of victims of cybercrime, the importance of
obtaining justice for those victims and the necessity to address the needs of persons
in vulnerable situations in measures taken to prevent and combat the offences covered
by this Convention,
Determined to prevent, detect and suppress more effectively international
transfers of property obtained as a result of cybercrime and to strengthen international
cooperation in the recovery and return of proceeds of crime,
Bearing in mind that preventing and combating cybercrime is a responsibility of
all States and that they must cooperate with one another, with the support and
involvement of relevant international and regional organizations, as well as non -
governmental organizations, civil society organizations, academic institutions and the
private sector, if their efforts in this area are to be effective,
Affirming the importance of mainstreaming a gender perspective in all efforts to
prevent and combat the offences covered by this Convention, in accordance with
domestic law,
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Mindful of the need to achieve law enforcement objectives and to ensure respect
for human rights and fundamental freedoms as enshrined in applicable international
and regional instruments,
Acknowledging the right to protection against arbitrary or unlawful interference
with one’s privacy, and the importance of protecting personal data,
Commending the work of the United Nations Office on Drugs and Crime and
other international and regional organizations in preventing and combating
cybercrime,
Taking into account the existing international and regional conventions and
treaties on cooperation in criminal matters, as well as similar treaties that exist
between States Members of the United Nations,
Have agreed as follows:
Chapter I: General provisions
Article 1. Statement of purpose
The purposes of this Convention are to:
(a) Promote and strengthen measures to prevent and combat cybercrime more
efficiently and effectively; [agreed ad referendum]
(b) Promote, facilitate and strengthen international cooperation in preventing
and combating cybercrime; and [agreed ad referendum]
(c) Promote, facilitate and support technical assistance and capacity -building
to prevent and combat cybercrime, in particular for the benefit of developing
countries.
Article 2. Use of terms
1. For the purposes of this Convention:
(a) “Information and communications technology system” shall mean any
device or group of interconnected or related devices, one or more of which, pursuant
to a program, gathers, stores and performs automatic processing of ele ctronic data;
(b) “Electronic data” shall mean any representation of facts, information or
concepts in a form suitable for processing in an information and communications
technology system, including a program suitable to cause an information and
communications technology system to perform a function;
(c) “Traffic data” shall mean any electronic data relating to a communication
by means of an information and communications technology system, generated by an
information and communications technology system that formed a part in the chain
of communication, indicating the communication’s origin, destination, route, time,
date, size, duration or type of underlying service;
(d) “Content data” shall mean any electronic data, other than subscriber
information or traffic data, relating to the substance of the data transferred by an
information and communications technology system, including, but not limited to,
images, text messages, voice messages, audio recordings and video recordings;
[agreed ad referendum]
(e) “Service provider” shall mean:
(i) Any public or private entity that provides to users of its service the ability
to communicate by means of an information and communications technology
system; and
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(ii) Any other entity that processes or stores electronic data on behalf of such
a communications service or users of such a service;
(f) “Subscriber information” shall mean any information that is held by a
service provider, relating to subscribers of its services other than traffic or content
data and by which can be established:
(i) The type of communications service used, the technical provisions taken
thereto and the period of service;
(ii) The subscriber’s identity, postal or geographical address, telephone and
other access number, billing and payment information, available on the basis of
the service agreement or arrangement;
(iii) Any other information on the site of the installation of communications
equipment, available on the basis of the service agreement or arrangement;
(g) “Personal data” shall mean any information relating to an identified or
identifiable natural person;
(h) “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;
(i) “Child” shall mean every human being below the age of 18 years, unless
under the law applicable to the child, majority is attained earlier;
(j) “Property” shall mean assets of every kind, whether corporeal or
incorporeal, movable or immovable, tangible or intangible, including virtual assets,
and legal documents or instruments evidencing title to, or interest in, such assets;
(k) “Proceeds of crime” shall mean any property derived from or obtained,
directly or indirectly, through the commission of an offence; [ agreed in informals]
(l) “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; [agreed in informals]
(m) “Confiscation”, which includes forfeiture where applicable, shall mean the
permanent deprivation of property by order of a court or other competent authority;
[agreed in informals]
(n) “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 16 of this Convention; [agreed in informals]
(o) “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;
(p) “Emergency” shall mean a situation in which there is a significant and
imminent risk to the life or safety of any natural person.
2. This article shall not be interpreted as imposing a requirement that States Parties
apply in their domestic laws the exact same terminology as set out in paragraph 1 of
this article, provided that the core elements defined in paragraph 1 are covered under
domestic laws in a manner consistent with the purposes of this Conv ention and offer
an equivalent framework for its implementation.
Article 3. Scope of application
[…]
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Article 4. Protection of sovereignty
[agreed ad referendum]
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 shall entitle 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. Respect for human rights
[…]
Chapter II: Criminalization
Article 6. Illegal access
1. Each State Party shall adopt such legislative and other measures as may be
necessary to establish as a criminal offence under its domestic law, when committed
intentionally, the access to the whole or any part of an information and communications
technology system without right. [agreed ad referendum]
2. A State Party may require that the offence be committed by infringing security
measures, with the intent of obtaining electronic data or other dishonest or criminal
intent or in relation to an information and communications technology system that is
connected to another information and communications technology system.
Article 7. Illegal interception
1. Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law, when committed
intentionally and without right, the interception, made by technical means, of
non-public transmissions of electronic data to, from or within an information and
communications technology system, including electromagnetic emissions from an
information and communications technology system carrying such electronic data.
[agreed ad referendum]
2. A State Party may require that the offence be committed with dishonest or
criminal intent, or in relation to an information and communications technology
system that is connected to another information and communications technology
system.
Article 8. Interference with electronic data
1. Each State Party shall adopt such legislative and other measures as may b e
necessary to establish as criminal offences under its domestic law, when committed
intentionally and without right, the damaging, deletion, deterioration, alteration or
suppression of electronic data. [agreed in informals]
2. A State Party may require that the conduct described in paragraph 1 result in
serious harm. [agreed ad referendum]
Article 9. Interference with an information and communications technology system
[agreed ad referendum]
Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law, when committed
intentionally and without right, the serious hindering of the functioning of an
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information and communications technology system by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing electronic data.
Article 10. Misuse of devices
1. Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law, when committed
intentionally and without right: [agreed ad referendum]
(a) The obtaining, production, sale, procurement for use, import, distribution
or otherwise making available of: [agreed ad referendum]
(i) A device, including a program designed or adapted primarily for the
purpose of committing any of the offences established in accordance with
articles 6 to 9 of this Convention; or [agreed ad referendum]
(ii) A password, access credentials, electronic signature or similar data by
which the whole or any part of an information and communications technology
system is capable of being accessed; [agreed ad referendum]
with the intent that the device, including a program, password, access credentials,
electronic signature, or similar data be used for the purpose of committing any of the
offences established in accordance with articles 6 to 9 of this Convention; and [ agreed
ad referendum]
(b) The possession of an item referred to in paragraph 1 (a) (i) or (ii) of this
article, with intent that it be used for the purpose of committing any of the offences
established in accordance with articles 6 to 9 of this Convention. [ agreed ad
referendum]
2. This article shall not be interpreted as imposing criminal liability where the
obtaining, production, sale, procurement for use, import, distribution or otherwise
making available, or the possession referred to in paragraph 1 of this article is not for
the purpose of committing an offence established in accordance with articles 6 to 9 of
this Convention, such as for the authorized testing or protection of an information and
communications technology system. [agreed ad referendum]
3. Each State Party may reserve the right not to apply paragraph 1 of this article,
provided that the reservation does not concern the sale, distribution or otherwise
making available of the items referred to in paragraph 1 (a) (ii) of this article. [ agreed
ad referendum]
Article 11. Information and communications technology system-related forgery
1. Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law, when committed
intentionally and without right, the input, alteration, deletion or suppression of
electronic data resulting in inauthentic data with the intent that they be considered or
acted upon for legal purposes as if they were authentic, regardless of whether or not
the data are directly readable and intelligible. [agreed ad referendum]
2. A State Party may require an intent to defraud, or a similar dishonest or criminal
intent, before criminal liability attaches.
Article 12. Information and communications technology system-related theft or fraud
Each State Party shall adopt such legislative and other measures as may be
necessary to establish as a criminal offence under its domestic law, when committed
intentionally and without right, the causing of a loss of property to another person by
means of: [agreed ad referendum]
(a) Any input, alteration, deletion or suppression of electronic data; [ agreed
in informals]
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(b) Any interference with the functioning of an information and
communications technology system; [agreed ad referendum]
(c) Any deception as to factual circumstances made through an information
and communications technology system that causes a person to do or omit to do
anything which that person would not otherwise do or omit to do; [ agreed ad
referendum]
with the fraudulent, dishonest or criminal intent of procuring for oneself or for another
person, without right, a gain in money or other property.
Article 13. Offences related to
online child sexual abuse or child sexual exploitation material
[1. Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law, when committed
intentionally and without right or lawful authority, the following conduct:
(a) Producing, offering, selling, distributing, transmitting, broadcasting,
displaying, publishing or otherwise making available child sexual abuse or child
sexual exploitation material through an information and communications technology
system;
(b) Soliciting, procuring or accessing child sexual abuse or child sexual
exploitation material through an information and communications technology system;
(c) Possessing or controlling child sexual abuse or child sexual exploitation
material stored in an information and communications technology system or another
storage medium.
(d) States Parties may also establish the financing of the offences established
in accordance with subparagraphs (a) to (c) of this paragraph as a separate offence.
2. For the purposes of this article, the term “child sexual abuse or child sexual
exploitation material” shall include visual material and may include written or audio
content that depicts, describes or represents a child:
(a) Engaging in real or simulated sexual activity;
(b) In the presence of a person engaging in any sexual activity;
(c) Whose sexual parts are displayed for primarily sexual purposes; or
(d) Subjected to torture or cruel, inhumane or degrading treatment or
punishment and such material is sexual in nature.
3. A State Party may require that the material identified in paragraph 2 be limited
to material that:
(a) Depicts, describes or represents a real child; or
(b) Visually depicts child sexual abuse or child sexual exploitation.
4. States Parties may take steps to exclude the criminalization of children for self -
generated material depicting them as described in paragraph 2, subparagraphs (a) to
(c) of this article.
5. Consistent with any domestic or international obligations, for children who have
reached the legal age to engage in sexual activity under domestic law, States Parties
may take steps to exclude from paragraph 2, subparagraphs (a) to (c), of this article
material that is produced as part of a consensual sexual relationship where such
material is maintained exclusively for the private use of the persons depicted.
[4-5 alt. As provided for in article 21, paragraph 7, of this Convention, in cases in
which children are accused of the offences established in accordance with this
Convention, States Parties shall take into consideration the best interests of the child,
as well as measures that are more conducive to the realization of the rights of the child
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and which may be provided for in the law of the State Party or international law in
force for that State.]
6. Nothing in the present Convention shall affect any international obligations
which are more conducive to the realization of the rights of the child.]
Article 14. Solicitation or grooming for the purpose of committing a sexual offence
against a child
1. Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law the act of
intentionally communicating, soliciting, grooming, or making any arrangement
through an information and communications technology system for the purpose of
committing a sexual offence against a child, as defined in domestic law, including for
the commission of any of the offences established in accordance with article 13.
[agreed ad referendum]
2. A State Party may require an act in furtherance of the conduct described in
paragraph 1. [agreed ad referendum]
3. A State Party may consider extending criminalization in accordance with
paragraph 1 in relation to a person believed to be a child. [ agreed ad referendum]
4. States Parties may take steps to exclude the criminalization of children for
conduct described in paragraph 1. [agreed ad referendum]
Article 15. Non-consensual dissemination of intimate images
1. Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law, when committed
intentionally and without right, the selling, distributing, transmitting, publishing or
otherwise making available of an intimate image of a person by mea ns of an
information and communications technology system, without the consent of the
person depicted in the image.
2. For the purpose of paragraph 1, “intimate image” shall mean a visual recording
of a person over the age of 18 years made by any means, in cluding a photograph or
video recording, that is sexual in nature, in which the person’s sexual parts are
exposed or the person is engaged in sexual activity, which was private at the time of
the recording, and in respect of which the person or persons dep icted maintained a
reasonable expectation of privacy at the time of the offence.
3. A State Party may extend the definition of intimate images, as appropriate, to
depictions of persons who are under the age of 18 if they are of legal age to engage
in sexual activity under domestic law and the image does not depict child abuse or
exploitation.
4. For the purposes of this article, a person who is under the age of 18 and depicted
in an intimate image cannot consent to the dissemination of an intimate image tha t
constitutes child sexual abuse or child sexual exploitation material under article 13 of
this Convention.
5. A State Party may require the intent to cause harm before criminal liability
attaches.
6. A State Party may, where applicable under its domestic law, elect to not require
the absence of consent of the person depicted in the image as a requisite for
establishing as an offence the acts referred to in paragraph 1 of this article.
Article 16. 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:
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(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 that
person’s actions;
(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. [agreed ad
referendum]
2. For purposes of implementing or applying paragraph 1 of this article:
(a) Each State Party shall include as predicate offences, relevant offences
established in accordance with articles 6 to 15 of this Convention;
(b) In the case of States Parties whose legislation sets out a list of specific
predicate offences, they shall, at a minimum, include in that list a comprehensive
range of offences established in accordance with articles 6 to 15 of this Convention;
(c) A State Party may require a certain degree of seriousness in respect of the
offences described in this paragraph.
(d) 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; [agreed ad referendum]
(e) 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; [agreed ad referendum]
(f) 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; [ agreed ad referendum]
(g) 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.
[agreed ad referendum]
Article 17. Offences relating to other international treaties
[…]
Article 18. Liability of legal persons
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 the
offences established in accordance with this Convention. [agreed ad referendum]
2. Subject to the legal principles of the State Party, the liability of legal persons
may be criminal, civil or administrative. [agreed ad referendum]
3. Such liability shall be without prejudice to the criminal liability of the natural
persons who have committed the offences. [agreed ad referendum]
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4. Each State Party shall, in particular, ensure that legal persons held liable in
accordance with this article are subject to effective, proportionate and dissuasive
criminal or non-criminal sanctions, including monetary sanctions. [agreed ad
referendum].
Article 19. Participation and attempt
1. Each State Party shall adopt such legislative and other measures as may be
necessary to establish as a criminal offence, in accordance with its domestic law, when
committed intentionally, the participation in any capacity, such as that of an
accomplice, assistant or instigator, in an offence established in accordance with this
Convention. [agreed ad referendum]
2. Each State Party may adopt the necessary legislative and oth er measures to
establish as a criminal offence, in accordance with its domestic law, when committed
intentionally, any attempt to commit an offence established in accordance with this
Convention. [agreed ad referendum]
3. Each State Party may adopt the necessary legislative and other measures to
establish as a criminal offence, in accordance with its domestic law, when committed
intentionally, the preparation for an offence established in accordance with this
Convention. [agreed ad referendum]
Article 20. Statute of limitations
Each State Party shall, where appropriate, considering the gravity of the crime,
establish under its domestic law a long statute of limitations period in which to
commence proceedings for any offence established in accordance wi th this
Convention and establish a longer statute of limitations period or provide for the
suspension of the statute of limitations where the alleged offender has evaded the
administration of justice. [agreed ad referendum]
Article 21. Prosecution, adjudication and sanctions
1. Each State Party shall make the commission of an offence established in
accordance with this Convention liable to effective, proportionate and dissuasive
sanctions that take into account the gravity of the offenc e. [agreed ad referendum]
2. Each State Party may adopt, in accordance with its domestic law, such
legislative and other measures as may be necessary to establish aggravating
circumstances in relation to the offences established in accordance with this
Convention, including circumstances that affect critical information infrastructures.
3. Each State Party shall endeavour to ensure that any discretionary legal powers
under its domestic law relating to the prosecution of persons for offences established
in accordance with this Convention are exercised in order 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. [agreed ad referendum]
4. Each State Party shall ensure that any person prosecuted for offences established
in accordance with this Convention enjoys all rights and guarantees in conformity
with domestic law and consistent with the international obligations of the State Party,
including the right to a fair trial and the rights of the defence.
5. In the case of offences established in accordance with 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.
[agreed ad referendum]
6. Each State Party shall take into account the gravity of the offences concerned
when considering the eventuality of early release or parole of persons convicted of
such offences. [agreed ad referendum]
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7. States Parties shall ensure that appropriate measures are in place under domestic
law to protect children who are accused of offences established in accordance with
this Convention, consistent with the obligations under the Convention on the Rights
of the Child and the applicable Protocols thereto, as well as other ap plicable
international or regional instruments. [agreed ad referendum]
8. 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. [agreed ad referendum]
Chapter III: Jurisdiction
Article 22. Jurisdiction
1. Each State Party shall adopt such measures as may be necessary to establish its
jurisdiction over the offences established in accordance with this Convention when:
(a) The offence is committed in the territory of that State Party; or [agreed ad
referendum]
(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 when the offence is committed. [agreed ad referendum]
2. Subject to article 4 of this Convention, a State Party may also establish its
jurisdiction over any such offence when: [agreed ad referendum]
(a) The offence is committed against a national of that State Party; or [ agreed
ad referendum]
(b) The offence is committed by a national of that State Party or a stateless
person with habitual residence in its territory; or [agreed ad referendum]
(c) The offence is one of those established in accordance with article 16,
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 16,
paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory; or [ agreed
ad referendum]
(d) The offence is committed against the State Party.
3. For the purposes of article 37, paragraph 11, of this Convention, each State Party
shall take such measures as may be necessary to establish its jurisdiction over the
offences established in accordance with this Convention when the alleged offender is
present in its territory and it does not extradite such person solely on the ground that
the person is one of its nationals. [agreed ad referendum]
4. Each State Party may also adopt such measures as may be necessary to establish
its jurisdiction over the offences established in accordance with this Convention when
the alleged offender is present in its territory and it does not extradite the person.
[agreed ad referendum]
5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article
has been notified, or has otherwise learned, that any 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, as appropriate, consult
one another with a view to coordinating their actions. [agreed ad referendum]
6. Without prejudice to norms of general international law, this Convention shall
not exclude the exercise of any criminal jurisdiction established by a State Party in
accordance with its domestic law. [agreed ad referendum]
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Chapter IV: Procedural measures and law enforcement
Article 23. Scope of procedural measures
1. Each State Party shall adopt such legislative and other measures as may be
necessary to establish the powers and procedures provided for in this chapter for the
purpose of specific criminal investigations or proceedings.
2. Except as provided otherwise in this Convention, each State Party shall apply
the powers and procedures referred to in paragraph 1 of this article to:
(a) The criminal offences established in accordance with this Convention;
(b) Other criminal offences committed by means of an information and
communications technology system; and
(c) The collection of evidence in electronic form of any criminal offence.
3. (a) Each State Party may reserve the right to apply the measures referred to in
article 29 only to offences or categories of offences specified in the reservation,
provided that the range of such offences or categories of offences is not more
restricted than the range of offences to which it applies the measures referred to in
article 30. Each State Party shall consider restricting such a reservation to enable the
broadest application of the measure referred to in article 29;
(b) Where a State Party, owing to limitations in its legislation in force at the
time of the adoption of the present Convention, is not able to apply the measures
referred to in articles 29 and 30 to communications being transmitted within a
information and communications technology system of a service provider, which:
(i) Is being operated for the benefit of a closed group of users; and
(ii) Does not employ public communications networks and is not connected
with another information and communications technology system, whether
public or private;
that State Party may reserve the right not to apply these measures to such
communications. Each State Party shall consider restricting such a reservation to
enable the broadest application of the measures referred to in articles 29 and 30.
Article 24. Conditions and safeguards
[…]
Article 25. Expedited preservation of
stored electronic data
1. Each State Party shall adopt such legislative and other measures as may be
necessary to enable its competent authorities to order or similarly obtain the
expeditious preservation of specified electronic data, including traffic data, content
data and subscriber information, that have been stored by means of an information
and communications technology system, in particular where there are grounds to
believe that the electronic data are particularly vulnerable to loss or modification.
2. Where a State Party gives effect to paragraph 1 above by means of an order to a
person to preserve specified stored electronic data in the person’s possession or
control, the State Party shall adopt such legislative and other measures as may be
necessary to oblige that person to preserve and maintain the integrity of those
electronic data for a period of time as long as necessary, up to a maximum of ninety
days, to enable the competent authorities to seek its disclosure. A State Party may
provide for such an order to be subsequently renewed.
3. Each State Party shall adopt such legislative and other measures as may be
necessary to oblige the custodian or other person who is to preserve the electronic
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data to keep confidential the undertaking of such procedures for the period of time
provided for in its domestic legislation.
[agreed ad referendum]
Article 26. Expedited preservation and
partial disclosure of traffic data
Each State Party shall adopt, in respect of traffic data that are to be preserved
under the provisions of the article on the expedited preservation of stored electronic
data, such legislative and other measures as may be necessary to:
(a) Ensure that such expeditious preservation of traffic data is available
regardless of whether one or more service providers were involved in the transmission
of that communication; and
(b) Ensure the expeditious disclosure to the State Party’s competent authority,
or a person designated by that authority, of a sufficient amount of traffic data to enable
the State Party to identify the service providers and the path through which the
communication or indicated information was transmitted.
[agreed ad referendum]
Article 27. Production order
Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to order:
(a) A person in its territory to submit specified electronic data in that person’s
possession or control that are stored in an information and communications
technology system or an electronic data storage medium; and
(b) A service provider offering its services in the territory of th e State Party to
submit subscriber information relating to such services in that service provider’s
possession or control.
[agreed ad referendum]
Article 28. Search and seizure of stored electronic data
1. Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to search or similarly access:
(a) An information and communications technology system, part of it, and
electronic data stored therein; and
(b) An electronic data storage medium in which the electronic data sought may
be stored;
in the territory of that State Party.
2. Each State Party shall adopt such legislative and other measures as may be
necessary to ensure that, where its authorities search or similarly access a specific
information and communications technology system or part of it, pursuant to
paragraph 1 (a) of this article, and have grounds to believe that the electronic data
sought are stored in another information and communications technology system or
part of it in its territory, and such data are lawfully accessible from or available to the
initial system, such authorities shall be able to expeditiously conduct the search to
obtain access to that other information and communications technology system.
3. Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to seize or similarly secure electronic
data in its territory accessed in accordance with paragraph 1 or 2. These measures shall
include the power to:
(a) Seize or similarly secure an information and communications technology
system or part of it, or an electronic data storage medium;
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(b) Make and retain copies of those electronic data in electronic form;
(c) Maintain the integrity of the relevant stored electronic data;
(d) Render inaccessible or remove those electronic data in the accessed
information and communications technology system.
4. Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to order any person who has
knowledge about the functioning of the [information and communications technology
system in question, the information and telecommunications network, or their
component parts, or measures applied to protect the electronic data therein, to provide,
as is reasonable, the necessary information to enable the undertaking of the measures
referred to in paragraphs 1 to 3 of this article.
[agreed ad referendum]
Article 29. Real-time collection of traffic data
1. Each State Party shall adopt such legislative and other measures as may be
necessary to empower its competent authorities to:
(a) Collect or record, through the application of technical means in the
territory of that State Party; and
(b) Compel a service provider, within its existing technical capability:
(i) To collect or record, through the application of technical means in the
territory of that State Party; or
(ii) To cooperate and assist the competent authorities in the collection or
recording of;
traffic data, in real time, associated with specified communications in its territory
transmitted by means of an information and communications tech nology system.
2. Where a State Party, owing to the principles of its domestic legal system, cannot
adopt the measures referred to in paragraph 1 (a), it may instead adopt such legislative
and other measures as may be necessary to ensure the real-time collection or recording
of traffic data associated with specified communications transmitted in its territory,
through the application of technical means in that territory.
3. Each State Party shall adopt such legislative and other measures as may be
necessary to oblige a service provider to keep confidential the fact of the execution
of any power provided for in this article and any information relating to it.
Article 30. Interception of content data
1. Each State Party shall adopt such legislative and other measures as may be
necessary, in relation to a range of serious criminal offences to be determined by
domestic law, to empower its competent authorities to:
(a) Collect or record, through the application of technical means in the
territory of that State Party; and
(b) Compel a service provider, within its existing technical capability:
(i) To collect or record, through the application of technical means in the
territory of that State Party; or
(ii) To cooperate and assist the competent authorities in the collection or
recording of;
content data, in real time, of specified communications in its territory transmitted by
means of an information and communications technology system.
2. Where a State Party, owing to the principles of its domestic legal system, cannot
adopt the measures referred to in paragraph 1 (a), it may instead adopt such legislative
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and other measures as may be necessary to ensure the real-time collection or recording
of content data on specified communications in its territory, through the application
of technical means in that territory.
3. Each State Party shall adopt such legislative and other measures as may be
necessary to oblige a service provider to keep confidential the fact of the execution
of any power provided for in this article and any information relating to it.
Article 31. Freezing, seizure and confiscation of the proceeds of crime
1. Each State Party shall adopt, to the greatest extent possible within its domestic
legal system, such measures as may be necessary to enable the confiscation of:
[agreed ad referendum]
(a) Proceeds of crime derived from offences established in accordance with
this Convention or property the value of which corresponds to that of such proceeds;
[agreed ad referendum]
(b) Property, equipment or other instrumentalities used in or destined for use
in offences established in accordance with this Convention. [agreed ad referendum]
2. Each State Party 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. [ agreed ad referendum]
3. Each State Party shall adopt, in accordance with its domestic law, such
legislative and other measures as may be necessary to regulate the administration by
the competent authorities of frozen, seized or confiscated property covered in
paragraphs 1 and 2 of this article. [agreed ad referendum]
4. If proceeds of crime have been transformed or conver ted, 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. [agreed ad referendum]
5. 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. [agreed ad referendum]
6. 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 as proceeds of
crime. [agreed ad referendum]
7. For the purposes of this article and article 50 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. A State Party shall
not decline to act under the provisions of this paragraph on the ground of bank secrecy.
[agreed ad referendum]
8. Each State Party 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.
9. The provisions of this article shall not be construed as prejudicing the rights of
bona fide third parties. [agreed ad referendum]
10. Nothing contained in this article shall affect the principle that the measures to
which it refers shall be defined and implemented in accordance wi th the provisions
of the domestic law of a State Party. [agreed ad referendum]
[agreed ad referendum]
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Article 32. Establishment of criminal record
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 established in accordance with this Convention.
[agreed ad referendum]
Article 33. Protection of witnesses
1. Each State Party shall take appropriate measures, in accordance with its
domestic law and within its means, to provide effective protection from potential
retaliation or intimidation for witnesses who give testimony or, in good faith and on
reasonable grounds, provide information concerning offences established in
accordance with this Convention or otherwise cooperate with investigative or judicial
authorities 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.
[agreed ad referendum]
Article 34. 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 established in accordan ce with this
Convention, in particular in cases of threat of retaliation or intimidation. [ agreed ad
referendum]
2. Each State Party shall, subject to its domestic law, establish appropriate
procedures to provide access to compensation and restitution for victims of offences
established in accordance with this Convention. [agreed ad referendum]
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.
[agreed ad referendum]
4. With respect to the offences established in accordance with articles 13 to 15,
each State Party shall, subject to its domestic law, take measures to provide assistance
to victims of such offences, including for their physical and psychological recovery,
in cooperation with relevant international organizations, non-governmental
organizations, and other elements of civil society.
5. In applying the provisions of paragraphs 2 to 4, each State Party shall take into
account the age, gender and the particular circumstances and needs of victims,
including the particular circumstances and needs of children.
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6. Each State Party shall, to the extent consistent with its domestic legal
framework, take steps to ensure compliance with requests to remove or render
inaccessible the content described in articles 13 and 15.
Chapter V:International cooperation
Article 35. General principles of international cooperation
[…]
Article 36. Protection of personal data
1. (a) A State Party transferring personal data pursuant to this Convention shall
do so in accordance with its domestic law and any obligations the transferring Party
may have under applicable international law. States Parties shall not be required to
transfer personal data in accordance with this Convention if the data cannot be
provided in compliance with their applicable laws concerning the protection of
personal data;
(b) Where the transfer of personal data would not be compliant with paragraph
1, subparagraph (a), of this article, States Parties may seek to impose appropriate
conditions, in accordance with such applicable laws, to achieve compliance in order
to respond to a request for personal data;
(c) States Parties are encouraged to establish bilateral or multilateral
arrangements to facilitate the transfer of personal data.
2. For personal data transferred in accordance with this Convention, States Parties
shall ensure that the personal data received are subject to effective and appropriate
safeguards in the respective legal frameworks of the States Parties.
3. Subject to paragraph 2 of this article, States Parties may transfer personal data
obtained in accordance with this Convention to a third country or an international
organization only with the prior authorization of the original transferring State Party,
which may require that the authorization be provided in written form.
Article 37. Extradition
1. This article shall apply to the criminal offences established in accordance with
this Convention where the person who is the subject of the request for extradition is
present 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. When the extradition is sought for the purpose of
serving a final sentence of imprisonment or another form of detention imposed in
respect of an extraditable offence, the requested State Party may grant the extradition
in accordance with domestic law. [agreed ad referendum]
2. Notwithstanding paragraph 1 of this article, a State Party whose law so permits
may grant the extradition of a person for any of the criminal offences established in
accordance with this Convention that are not punishable under its own domestic law.
[agreed ad referendum]
3. If the request for extradition includes several separate criminal offences, at least
one of which is extraditable under this article and some of which are not extradit able
by reason of their period of imprisonment but are related to offences established in
accordance with this Convention, the requested State Party may apply this article also
in respect of those offences. [agreed ad referendum]
4. 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.
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5. If a State Party that 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 consider this Convention the legal basi s for extradition in
respect of any offence to which this article applies. [ agreed ad referendum]
6. States Parties that make extradition conditional on the existence of a treaty shall:
[agreed ad referendum]
(a) At the time of deposit of their instruments of ratification, acceptance or
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 in extradition with other States Parties to this Con vention; and [agreed
ad referendum]
(b) If they do not take this Convention as the legal basis for cooperation in
extradition, seek, where appropriate, to conclude treaties on extradition with other
States Parties to this Convention in order to implement this article. [agreed ad
referendum]
7. 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. [agreed ad referendum]
8. 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 th e
grounds upon which the requested State Party may refuse extradition. [ agreed ad
referendum]
9. 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. [ agreed ad referendum]
10. 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, including when the request
is transmitted through existing channels of the International Criminal Police
Organization, take a person whose extradition is sought and who is present in its
territory into custody or take other appropriate measures to ensure the person’s
presence at extradition proceedings. [agreed ad referendum]
11. 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 the person 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
decisions and conduct their proceedings in the same manner as in the case of any other
offence of a comparable 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. [ agreed ad
referendum]
12. 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 11 of
this article. [agreed ad referendum]
13. 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 State Party
shall, if its domestic law so permits and in conformity with the requirements of such
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law, upon application of the requesting State Party, consider the enforcement of the
sentence imposed under the domestic law of the requesting State Party or the
remainder thereof. [agreed ad referendum]
14. 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. [agreed ad referendum]
15. 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, language, 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.
16. States Parties may not refuse a request for extradition on the sole ground that
the offence is also considered to involve fiscal matters. [ agreed ad referendum]
17. Before refusing extradition, the requested State Party sha ll, 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. [ agreed ad
referendum]
18. The requested State Party shall inform the requesting State Party of its decision
with regard to the extradition. The requested State Party shall inform the requesting State
Party of any reason for refusal of extradition unless the requested State Party is prevented
from doing so by its domestic law or its international legal obligations.
19. Each State Party shall, at the time of signature or when depositing its instrument
of ratification, acceptance, approval or accession, communicate to the Secretary -
General of the United Nations the name and address of an authority responsible for
making or receiving requests for extradition or provisional arrest. The Secretary -
General shall set up and keep updated a register of authorities so designated by the
States Parties. Each State Party shall ensure that the deta ils held in the register are
correct.
20. States Parties shall seek to conclude bilateral and multilateral agreements or
arrangements to carry out or to enhance the effectiveness of extradition. [ agreed ad
referendum]
Article 38. Transfer of sentenced persons
States Parties may, taking into consideration the rights of sentenced persons
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 established in accordance with this Convention, in
order that they may complete their sentences there. States Parties may also take into
account issues relating to consent, rehabilitation and reintegration. [ agreed in
informals]
Article 39. Transfer of criminal proceedings
1. States Parties shall consider the possibility of transferring to one another
proceedings for the criminal prosecution of an offence established in accordance with
this Convention where such a transfer is deemed to be in the interests of the proper
administration of justice, particularly in cases where several jurisdictions are
involved, with a view to concentrating the prosecution.
2. If a State Party that makes the transfer of criminal proceedings conditional on
the existence of a treaty receives a request for transfer from another State Party with
which it has no treaty in this matter, it may consider this Convention as the legal basis
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for the transfer of criminal proceedings in respect of any offence to which this article
applies. [agreed ad referendum]
Article 40. General principles and procedures
relating to mutual legal assistance
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 established in accordance with this Convention, and for the purposes of the
collection of evidence in electronic form of offences established in accordance with
this Convention, [as well as of serious crimes]. [agreed in informals]
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 18 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 documents;
(c) Executing searches and seizures, and freezing;
(d) Searching or similarly accessing, seizing or similarly securing, and
disclosing electronic data stored by means of an information and communications
technology system pursuant to article 44;
(e) Collecting real-time traffic data pursuant to article 45;
(f) Intercepting content data pursuant to article 46;
(g) Examining objects and sites;
(h) Providing information, evidentiary items, evidence and expert evaluations;
(i) Providing originals or certified copies of relevant documents and records,
including government, bank, financial, corporate or business records;
(j) Identifying or tracing proceeds of crime, property, instrumentalities or
other things for evidentiary purposes;
(k) Facilitating the voluntary appearance of persons in the requesting State
Party;
(l) Recovering proceeds of crime;
(m) 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 formulat ed by the latter State Party
pursuant to this Convention.
5. The transmission of information pursuant to paragraph 3 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
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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 obligations under any other treaty,
bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal
assistance.
7. Paragraphs 7 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 on 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 apply
paragraphs 7 to 29 of this article in lieu thereof. States Parties are strongly encouraged
to apply the provisions of those paragraphs if they facilitate cooperation.
8. States Parties may decline to render 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. Assistance may be refused when requests involve
matters of a de minimis nature or matters for which the cooperation or assistance
sought is available under other provisions of this Convention.
9. A person who is being detained or is serving a sentence in the territory of one
State Party and 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 established
in accordance with this Convention may be transferred if the following conditions are
met:
(a) The person freely gives informed consent;
(b) The competent authorities of both States Parties agree, subject to such
conditions as those States Parties may deem appropriate.
10. For the purposes of paragraph 8 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 transf erred;
(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 the person was transferred for time spent in the custody
of the State Party to which the person was transferred.
11. Unless the State Party from which a person is to be transferred in accordance
with paragraphs 8 and 9 of this article so agrees, that person, regardless of the person’s
nationality, shall not be prosecuted, detained, punished or subjected to any other
restriction of liberty in the territory of the State to which that person is transferred in
respect of acts, omissions or convictions prior to the person’s departure from the
territory of the State from which the person was transferred.
12. (a) Each State Party shall designate a central authority or authorities 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 w ith a separate system of mutual
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legal assistance, it may designate a distinct central authority that shall have the same
function for that region or territory;
(b) 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;
(c) 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,
and shall set up and keep updated a register of central autho rities designated by the
States Parties. Each State Party shall ensure that the details held in the register are
correct at all times;
(d) Requests for mutual legal assistance and any communication related
thereto shall be transmitted 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.
13. 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.
14. Where not prohibited by their respective laws, central authorities of States
Parties are encouraged to transmit and receive requests for mutual legal assistance,
and communications related thereto, as well as evidence, in electronic form under
conditions allowing the requested State Party to establish authenticity and en suring
the security of communications.
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 documents;
(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 and appropriate, the identity, location and nationality of
any person concerned, as well as the country of origin, description and location of
any item or accounts concerned; [agreed in informals]
(f) Where applicable, the time period for which the evidence, information or
other assistance is sought; and [agreed in informals]
(g) The purpose for which the evidence, information or other assistance is
sought. [agreed in informals]
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.
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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,
victim or expert by the judicial authorities of another S tate Party, the first State Party
may, at the request of the other, permit the hearing to take place by videoconference
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. If the requested State Party does
not have access to the technical means necessary for holding a videoconference, such
means may be provided by the requesting State Party, upon mutual agreement.
19. The requesting State Party shall not transmit or use information or evidence
furnished by the requested State Party for investigation s, 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 evid ence 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, exc ept 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. States Parties shall not decline to render mutual legal assistance pursuant to this
article on the ground of bank secrecy.
24. Reasons shall be given for any refusal of mutual legal assistance.
25. 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 the status, and progress in its handling, of the request. The
requesting State Party shall promptly inform the requested State Party when the
assistance sought is no longer required.
26. 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.
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27. Before refusing a request pursuant to paragraph 20 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.
28. Without prejudice to the application of paragraph 10 of this article, a witness,
expert or other person who, at the request of the re questing 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 the person’s liberty in that
territory in respect of acts, omissions or convictions prior to the person’s 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 the person
has been officially informed that the presence of the person 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 the person’s own free will.
29. 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.
30. The requested State Party:
(a) Shall provide to the requesting State Party copies of government records,
documents or information in its possession that under its domestic law are avai lable
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, documents or information in its possession that und er its domestic law are
not available to the general public.
31. 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.
Article 41. 24/7 network
1. Each State Party shall designate a point of contact available 24 hours a day, 7
days a week, in order to ensure the provision of immediate assistance for the purpose
of specific criminal investigations, prosecutions or judicial proceedings concerning
offences established in accordance with this Convention, or for the collection,
obtaining and preservation of evidence in electronic form for the purposes of
paragraph 3 of this article and in relation to the offences established in accordance
with this Convention, [as well as to serious crime].
2. The Secretary-General of the United Nations shall be notified of such point of
contact and keep an updated register of points of contact designated for the purposes
of this article.
3. Such assistance shall include facilitating or, if permitted by the domestic law
and practice of the requested State Party, directly carrying out the following measures:
(a) The provision of technical advice;
(b) The preservation of stored electronic data pursuant to articles 42 and 43,
including, as appropriate, information about the location of the service provider, if
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known to the requested State Party, to assist the requesting State Party in making a4. A State Party’s point of contact shall have the capacity to carry out
request;
(c) The collection of evidence, the provision of legal information and the
locating of suspects; or
communications with the point of contact of another State Party on an expedited basis.
If the point of contact designated by a State Party is not part of that State Party’s
authority or authorities responsible for mutual legal assistance or extradition, the
point of contact shall ensure that it is able to coordinate with that authority or those
authorities on an expedited basis. [agreed ad referendum]
5. Each State Party shall ensure that trained and equipped personnel are available
to ensure the operation of the 24/7 network.
6. States Parties may also use and strengthen existing authorized networks of
points of contact, where applicable, and within the limits of their domestic laws,
including the 24/7 networks for computer-related crime of the International Criminal
Police Organization for prompt police-to-police cooperation and other methods of
information exchange cooperation.
Article 42. International cooperation for the purpose of expedited
preservation of stored electronic data
1. A State Party may request another State Party to order or otherwise obtain, in
accordance with article 25, the expeditious preservation of electronic data stored by
means of an information and communications technology system located within the
territory of that other State Party, and in respect of which the requesting State Party
intends to submit a request for mutual legal assistance in the search or similar access,
seizure or similar securing, or disclosure of the electronic data.
2. The requesting State Party may use the 24/7 network provided for in article 41
to seek information concerning the location of the electronic data stored by means of
an information and communications technology system and, as appropriate,
information about the location of the service provider.
3. A request for preservation made under paragraph 1 shall specify:
(a) The authority seeking the preservation; [agreed ad referendum]4. Upon receiving the request from another State Party, the requested State Party
(b) The offence that is the subject of a criminal investigation, prosecution or
judicial proceeding and a brief summary of the related facts;
(c) The stored electronic data to be preserved and their relationship to the
offence; [agreed ad referendum]
(d) Any available information identifying the custodian of the stored
electronic data or the location of the information and communications technology
system; [agreed ad referendum]
(e) The necessity of the preservation; [agreed ad referendum]
(f) That the requesting State Party intends to submit a request for mutual legal
assistance in the search or similar access, seizure or similar securing, or disclosure of
the stored electronic data; [agreed ad referendum]
(g) As appropriate, the need to keep the request for preservation confidential
and not to notify the user. [agreed ad referendum]
shall take all appropriate measures to preserve expeditiously the specified electronic
data in accordance with its domestic law. For the purposes of responding to a request,
dual criminality shall not be required as a condition for providing such preservation.
[agreed ad referendum]
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5. A State Party that requires dual criminality as a condition for responding to a
request for mutual legal assistance in the search or similar access, sei zure or similar
securing, or disclosure of stored electronic data may, in respect of offences other than
those established in accordance with this Convention, reserve the right to refuse the
request for preservation under this article in cases where it has reasons to believe that,
at the time of disclosure, the condition of dual criminality could not be fulfilled.
6. A request for preservation may only be refused on the basis of the grounds
contained in article 40, paragraph 21, subparagraphs (b) and (c).
7. Where the requested State Party believes that preservation will not ensure the
future availability of the data or will threaten the confidentiality of or otherwise
prejudice the requesting State Party’s investigation, it shall promptly so inform the
requesting State Party, which shall then determine whether the request should
nevertheless be executed.
7. Any preservation effected in response to a request made pursuant to
paragraph 1 shall be for a period of not less than sixty days, in order to enable t he
requesting State Party to submit a request for the search or similar access, seizure or
similar securing, or disclosure of the data. Following the receipt of such a request, the
data shall continue to be preserved pending a decision on that request.
8. Before the expiry of the preservation limit in paragraph 7, the requesting State
Party may request an extension of the period of preservation.
Article 43. International cooperation for the purpose of expedited disclosure of
preserved traffic data
1. Where, in the course of the execution of a request made pursuant to article 42
to preserve traffic data concerning a specific communication, the requested State
Party discovers that a service provider in another State Party was involved in the
transmission of the communication, the requested State Party shall expeditiously
disclose to the requesting State Party a sufficient amount of traffic data to identify
that service provider and the path through which the communication was transmitted.
[agreed ad referendum]
2. Disclosure of traffic data under paragraph 1 may only be refused on the basis of
the grounds contained in article 40, paragraph 21, subparagraphs (b) and (c).
Article 44. Mutual legal assistance in accessing
stored electronic data
1. A State Party may request another State Party to search or similarly access, seize
or similarly secure, and disclose electronic data stored by means of an information
and communications technology system located within the territory of the requested
State Party, including electronic data that have been preserved pursuant to article 42.
2. The requested State Party shall respond to the request through the application of
relevant international instruments and laws referred to in article 35, and in accordance
with other relevant provisions of this chapter. [agreed ad referendum]
3. The request shall be responded to on an expedited basis where: [ agreed ad
referendum]
(a) There are grounds to believe that the relevant data are particularly
vulnerable to loss or modification; or [agreed ad referendum]
(b) The instruments and laws referred to in paragraph 2 otherwise provide for
expedited cooperation. [agreed ad referendum]
Article 45. Mutual legal assistance in the real-time
collection of traffic data
1. States Parties [shall] [may] provide mutual legal assistance to each other in the
real-time collection of traffic data associated with specified communications in their
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territory transmitted by means of an information and communications technology
system. Subject to the provisions of paragraph 2, such assistance shall be governed
by the conditions and procedures provided for under domestic law.
2. Each State Party [shall] [may] provide such assistance at least with respect to
criminal offences for which the real-time collection of traffic data would be available
in a similar domestic case.
3. A request made in accordance with paragraph 1 of this article shall specify:
(a) The name of the requesting authority;
(b) A summary of the main facts and the nature of the investigation,
prosecution or judicial proceeding to which the request relates;
(c) The electronic data in relation to which the collection of the traffic dat a is
required and their relationship to the offence or other illegal act;
(d) Any available data that identify the owner or user of the data or the location
of the information and communications technology system;
(e) Justification for the need to collect the traffic data;
(f) The period for which traffic data are to be collected and a corresponding
justification of its duration.
Article 46. Mutual legal assistance in the
interception of content data
States Parties [shall] [may] provide mutual legal assistance to each other in the
real-time collection or recording of content data of specified communications
transmitted by means of an information and communications technology system, to
the extent permitted under treaties applicable to them or under their domestic laws.
Article 47. Law enforcement cooperation
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 established in accordance with this
Convention. States Parties shall, in particular, take effective measures:
(a) To enhance and, where necessary, to establish channels of communication
between their competent authorities, agencies and services, taking into account
existing channels, including those of the International Criminal Police Organization,
in order to facilitate the secure and rapid exchange of information concerning all
aspects of the offences established in accordance with this Convention, including, if
the States Parties concerned deem it appropriate, links with other criminal activities;
[agreed in informals]
(b) To cooperate with other States Parties in conducting inquiries with respect
to offences established in accordance with this Convention concerning: [agreed ad
referendum]
(i) The identity, whereabouts and activities of persons suspected of
involvement in such offences or the location of other persons concerned;
[agreed ad referendum]
(ii) The movement of proceeds of crime or property derived from the
commission of such offences; [agreed ad referendum]
(iii) The movement of property, equipment or other instrumentalities used or
intended for use in the commission of such offences; [agreed ad referendum]
(c) To provide, where appropriate, necessary items or data for analytical or
investigative purposes; [agreed ad referendum]
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(d) To exchange, where appropriate, information with other States Parties2. With a view to giving effect to this Convention, States Parties shall consider
concerning specific means and methods used to commit the offences established in
accordance with this Convention, including the use of false identities, forged, altered
or false documents and other means of concealing activities, as well as cybercrime
tactics, techniques and procedures ; [agreed ad referendum]
(e) 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 t he States Parties
concerned, the posting of liaison officers; [agreed ad referendum]
(f) To exchange information and coordinate administrative and other
measures taken, as appropriate, for the purpose of early identification of the offences
established in accordance with this Convention.
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 or
arrangements between the States Parties concerned, the States Parties may consider
this Convention to be the basis for mutual law enforcement cooperation in respect of
the offences established in accordance with 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.
Article 48. Joint investigations
States Parties shall consider concluding bilateral or multilateral agreements or
arrangements whereby, in relation to matters that are the subject of criminal
investigations, prosecutions or judicial proceedings in one or more States, the
competent authorities concerned may establish joint investigative bodies. In the
absence of such agreements 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 investigations are to take
place is fully respected.
Article 49. Mechanisms for the recovery of property through
international cooperation in confiscation
1. Each State Party, in order to provide mutual legal assistance pursuant to
article 50 of this Convention with respect to property acquired through or involved in
the commission of an offence established in accordance with this Convention, shall,
in accordance with its domestic law:
(a) Take such measures as may be necessary to permit its competentEach State Party, in order to provide mutual legal assistance upon a request made
authorities to give effect to an order of confiscation issued by a court of another State
Party;
(b) Take such measures as may be necessary to permit its competent
authorities, where they have jurisdiction, to order the confiscation of such property of
foreign origin by adjudication of an offence of money-laundering or such other
offence as may be within its jurisdiction or by other procedures authorized u nder its
domestic law; and [agreed ad referendum]
(c) Consider taking such measures as may be necessary to allow confiscation
of such property without a criminal conviction in cases in which the offender cannot
be prosecuted by reason of death, flight or absence or in other appropriate cases.
[agreed ad referendum]
2.
pursuant to article 50, paragraph 2, of this Convention, shall, in accordance with its
domestic law: [agreed ad referendum]
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(a) Take such measures as may be necessary to permit its competent
authorities to freeze or seize property upon a freezing or seizure order issued by a
court or competent authority of a requesting State Party that provides a reasona ble
basis for the requested State Party to believe that there are sufficient grounds for
taking such actions and that the property would eventually be subject to an order of
confiscation for the purposes of paragraph 1 (a) of this article; [ agreed ad referendum]
(b) Take such measures as may be necessary to permit its competent
authorities to freeze or seize property upon a request that provides a reasonable basis
for the requested State Party to believe that there are sufficient grounds for taking
such actions and that the property would eventually be subject to an order of
confiscation for the purposes of paragraph 1 (a) of this article; and [ agreed ad
referendum]
(c) Consider taking additional measures to permit its competent authorities to
preserve property for confiscation, such as on the basis of a foreign arrest or criminal
charge related to the acquisition of such property. [ agreed ad referendum]
Article 50. International cooperation for the purposes of confiscation
1. A State Party that has received a request from another State Party having
jurisdiction over an offence established in accordance with this Convention for the
confiscation of proceeds of crime, property, equipment or other instrumentalities
referred to in article 31, 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 obtaining2. Following a request made by another State Party having jurisdiction over an
an order of confiscation and, if such an order is granted, give effect to it; or [agreed
ad referendum]
(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 31, paragraph 1, of this Convention
insofar as it relates to proceeds of crime, property, equipment or other
instrumentalities situated in the territory of the requested State Party.
offence established in accordance with 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 31, 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 40 are applicable, mutatis mutandis, to this article. In
addition to the information specified in article 40, paragraph 14, requests made
pursuant to this article shall contain: [agreed ad referendum]
(a) In the case of a request pertaining to paragraph 1 (a) of this article, a
description of the property to be confiscated, including, to the extent possible, the
location, and where relevant, the estimated value of the property 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; [ agreed ad referendum]
(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, a statement specifying the
measures taken by the requesting State Party to provide adequate notification to bona
fide third parties and to ensure due process, and a statement that the confiscation order
is final; [agreed ad referendum]
(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
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requested and, where available, a legally admissible copy of an order on which the4.The decisions or actions provided for in paragraphs 1 and 2 of this article shall
request is based. [agreed ad referendum]
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. [agreed ad referendum]
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. [agreed ad
referendum]
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.
[agreed ad referendum]
7. Cooperation under this article may also be refused or provisional measures may
be lifted if the requested State Party does not receive sufficient and timely evidence
or if the property is of a de minimis value. [agreed ad referendum]
8. Before lifting any provisional measure taken pursuant to this article, the
requested State Party shall, wherever possible, give the requesting State Party an
opportunity to present its reasons in favour of continuing the measure. [agreed ad
referendum]
9. The provisions of this article shall not be construed as prejudicing the rights of
bona fide third parties. [agreed ad referendum]
10. States Parties shall consider concluding bilateral or multilateral treaties,
agreements or arrangements to enhance the effectiveness of international cooperation
undertaken pursuant to this article. [agreed ad referendum]
Article 51. Special cooperation
Without prejudice to its domestic law, each State Party shall e ndeavour to take
measures to permit it to forward, without prejudice to its own criminal investigations,
prosecutions or judicial proceedings, information on proceeds of offences established
in accordance with this Convention to another State Party without prior request, when
it considers that the disclosure of such information might assist the receiving State
Party in initiating or carrying out criminal investigations, prosecutions or judicial
proceedings or might lead to a request by that State Party unde r article 50 of the
Convention.
Article 52. Return and disposal of confiscated
proceeds of crime or property
1. Proceeds of crime or property confiscated by a State Party pursuant to
article 31 or 50 of this Convention shall be disposed of by that St ate Party in
accordance with its domestic law and administrative procedures. [ agreed ad
referendum]
2. When acting on a request made by another State Party in accordance with
article 50 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 prior legitimate owners. [agreed ad referendum]
3. When acting on a request made by another State Party in accordance with
articles 31 and 50 of this Convention, a State Party may, after due consideration has
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been given to compensation of victims, 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 56, paragraph 2 (c), of this Convention,
and to intergovernmental bodies specializing in the fight against cybercrime;
(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.
Chapter VI: Preventive measures
Article 53. Preventive measures
1. Each State Party shall endeavour, in accordance with fundamental principles of
its legal system, to develop and implement or maintain effective and coordinated
policies and best practices to reduce existing or future opportunities for cybercrime
through appropriate legislative, administrative or other measures. [ agreed ad
referendum]
2. Each State Party shall take appropriate measures, within its means and in
accordance with fundamental principles of its domestic law, to promote the active
participation of relevant individuals and entities outside the public sector, such as
non-governmental organizations, civil society organizations, academic institutions
and private sector entities, as well as the general public, in the relevant aspects of
prevention of the offences established in accordance with this Convention.
3. Preventive measures may include:
(a) Strengthening cooperation between law enforcement agencies or
prosecutors and relevant individuals and entities outside the public sector, such as
non-governmental organizations, civil society organizations, academic institutions
and private sector entities for the purpose of addressing relevant aspects of preventing
and combating the offences established in accordance with this Convention;
(b) Promoting public awareness regarding the existence, causes and gravity of
the threat posed by the offences established in accordance with this Convention
through public information activities, public education, media and informat ion
literacy programmes and curricula that promote public participation in preventing and
combating such offences; [agreed ad referendum]
(c) Building and making efforts to increase the capacity of domestic criminal
justice systems, including training and developing expertise among criminal justice
practitioners, as part of national prevention strategies against the offences established
in accordance with this Convention; [agreed ad referendum]
(d) Encouraging service providers to take effective prevent ive measures,
where feasible in the light of national circumstances and to the extent permitted by
domestic law, to strengthen the security of the service providers’ products, services
and customers;
(e) Recognizing the contributions of the legitimate activities of security
researchers when intended solely to strengthen and improve the security of service
providers’ products, services and customers located within the territory of the State
Party;
(f) Developing, facilitating and promoting programmes and activities in order
to discourage those at risk of engaging in cybercrime from becoming offenders and
to develop their skills in a lawful manner; [agreed ad referendum]
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(g) Endeavouring to promote the reintegration into society of persons
convicted of offences established in accordance with this Convention;
(h) Developing strategies and policies to prevent and eradicate gender-based
violence that occurs through or is amplified by the use of information and
communications technologies, taking into consideration the special circumstances
and needs of persons in vulnerable situations;
(i) Undertaking specific and tailored efforts to keep children safe online,
including through education and training on and raising public awareness of child
sexual abuse or child sexual exploitation online and through revising domestic legal
frameworks and enhancing international cooperation aimed at its prevention, as well
as making efforts to ensure the swift removal of child sexual abuse and exploitation
material;
(j) Enhancing the transparency of and promoting the contribution of the
public to decision-making processes and ensuring that the public has adequate access
to information; [agreed ad referendum]
(k) Respecting, promoting and protecting the freedom to seek, receive, [ and
impart public] information concerning cybercrime; [agreed ad referendum]
(l) Developing or strengthening support programmes for victims of the
offences established in accordance with this Convention;
(m) Preventing and detecting transfers of proceeds of crime and property
related to the offences established in accordance with this Convention.
4. Each State Party shall take appropriate measures to ensure that the relevant
competent authority or authorities responsible for preventing and combating
cybercrime are known and accessible to the public, where appropriate, for the
reporting, including anonymously, of any incident that may be considered a criminal
offence established in accordance with this Convention.
5. States Parties shall endeavour to periodically evaluate existing relevant national
legal frameworks and administrative practices with a view to identifying gaps and
vulnerabilities and ensuring their relevance in the face of changing threats posed by
the offences established in accordance with this Convention.
6. States Parties may collaborate with each other and with 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 cybercrime.
7. Each State Party shall inform the Secretary-General of the United Nations of the
name and address of the authority or authorities that may assist other States Parties in
developing and implementing specific measures to prevent cybercrime. [ agreed ad
referendum]
Chapter VII: Technical assistance and information exchange
Article 54. Technical assistance and capacity-building
1. States Parties shall, according to their capacity, consider affording one another
the widest measure of technical assistance and capacity -building, including training
and other forms of assistance, the mutual exchange of relevant experience and
specialized knowledge and, where possible, the transfer of technology on mutually
agreed terms, taking into particular consideration the interests and needs of
developing States Parties, with a view to facilitating the prevention, detection,
investigation and prosecution of the offences covered by this Convention.
2. States Parties shall, to the extent necessary, initiate, develop, implement or
improve specific training programmes for their personnel responsible for the
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prevention, detection, investigation and prosecution of the offences covered by this
Convention.
3. Activities referred to in paragraphs 1 and 2 of this article may deal, to the extent
permitted by domestic law, with the following: [agreed ad referendum]
(a) Methods and techniques used in the prevention, detection, investigation
and prosecution of the offences covered by this Convention;
(b) Building capacity in the development and planning of strategic policies
and legislation to prevent and combat cybercrime; [agreed ad referendum]
(c) Building capacity in the collection, preservation and sharing of evidence,
in particular in electronic form, including the maintenance of the chain of custody and
forensic analysis; [agreed ad referendum]
(d) Modern law enforcement equipment and the use thereof; [agreed ad
referendum]
(e) Training of competent authorities in the preparation of requests for mutual
legal assistance and other means of cooperation that meet the requirements of this
Convention, especially for the collection, preservation and sharing of evidence in
electronic form; [agreed ad referendum]
(f) Prevention, detection and monitoring of the movements of proceeds
deriving from the commission of the offences covered by this Convention, property,
equipment or other instrumentalities and methods used for the transfer, concealment
or disguise of such proceeds, property, equipment or other instrumentalities; [ agreed
ad referendum]
(g) Appropriate and efficient legal and administrative mechanisms and
methods for facilitating the seizure, confiscation and return of proceeds of offences
covered by this Convention;
(h) Methods used in the protection of victims and witnesses who cooperate
with judicial authorities; [agreed ad referendum]
(i) Training in relevant substantive and procedural law, and law enforcement
investigation powers, as well as in national and international regulations and in
languages. [agreed ad referendum]
4. States Parties shall endeavour, subject to their domestic law, to leverage the
expertise of and cooperate closely with other States Parties and relevant non-
governmental organizations, civil society organizations, academic institutions and
private sector entities, with a view to enhancing the effective implementation of this
Convention.
5. 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 3 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. [agreed ad referendum]
6. States Parties shall consider assisting one another, upon request, in conducting
evaluations, studies and research relating to the types, causes and effects of offences
covered by this Convention committed in their respective territories, with a view to
developing, with the participation of the competent authorities and relevant non-
governmental organizations, civil society organizations, academic institutions and
private sector entities, strategies and action plans to prevent and combat cybercrime .
7. States Parties shall promote training and technical assistance that facilitates
timely extradition and mutual legal assistance. Such training and technic al assistance
may include language training, assistance with the drafting and handling of mutual
legal assistance requests, and secondments and exchanges between personnel in
central authorities or agencies with relevant responsibilities. [ agreed ad referendum]
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8. States Parties shall strengthen, to the extent necessary, efforts to maximize the
effectiveness of technical assistance and capacity-building in international and
regional organizations and in the framework of relevant bilateral and multilateral
agreements or arrangements.
9. States Parties shall consider establishing voluntary mechanisms with a view to
contributing financially to the efforts of developing countries to implement this
Convention through technical assistance programmes and capacity -building projects.
[agreed ad referendum]
10. Each State Party shall consider making voluntary contributions to the United
Nations Office on Drugs and Crime for the purpose of fostering, through the Office,
programmes and projects with a view to implementing this Convention through
technical assistance and capacity-building.
Article 55. Exchange of information
1. Each State Party shall consider analysing, as appropriate, in consultation with
relevant experts, including from non-governmental organizations, civil society
organizations, academic institutions and private sector entities, trends in its territory
with respect to offences covered by this Convention, as well as the circumstances in
which such offences are committed.
2. States Parties shall consider developing and sharing with each other and through
international and regional organizations statistics, analytical expertise and information
concerning cybercrime, with a view to developing, insofar as possible, common
definitions, standards and methodologies, as well as best practices, to prevent and
combat such crime.
3. Each State Party shall consider monitoring its policies and practical measures to
prevent and combat offences covered by this Convention and making as sessments of
their effectiveness and efficiency.
4. States Parties shall consider exchanging information on legal, policy and
technological developments related to cybercrime and the collection of evidence in
electronic form. [agreed ad referendum]
Article 56. 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, tak ing into
account the negative effects of the offences covered by this Convention on society in
general and, in particular, on sustainable development.
2. States Parties are strongly encouraged to make concrete efforts, to the extent
possible and in coordination with each other, as well as with international and regional
organizations: [agreed ad referendum]
(a) To enhance their cooperation at various levels with other States Parties, in
particular developing countries, with a view to strengthening their capacity to prevent
and combat the offences covered by this Convention; [ agreed ad referendum]
(b) To enhance financial and material assistance to support the efforts of other
States Parties, in particular developing countries, in effectively preventing and
combating the offences covered by this Convention and to help them to implement
this Convention;
(c) To provide technical assistance to other States Parties, in particular
developing countries, in support of meeting their needs regarding the implemen tation
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; [agreed ad referendum]
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(d) To encourage, as appropriate, non-governmental organizations, civil
society organizations, academic institutions and private sector entities, as well as
financial institutions, to contribute to the efforts of States Parties, including 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;
(e) To exchange best practices and information with regard to activities
undertaken, with a view to improving transparency, avoiding duplication of effort and
making best use of any lessons learned. [agreed ad referendum]
3. States Parties shall also consider using existing subregional, regional and
international programmes, including conferences and seminars, to promote
cooperation and technical assistance and to stimulate discussion on problems of
mutual concern, including the special problems and needs of developing countries.
[agreed ad referendum]
4. To the extent possible, States Parties shall ensure that resources and efforts are
distributed and directed to support the harmonization of standards, skills, capacity,
expertise and technical capabilities with the aim of establishing common minimum
standards among States Parties to eradicate safe havens for the offences covered by
this Convention and strengthen the fight against cybercrime.
5. To the extent possible, the measures taken under this article shall be without
prejudice to existing foreign assistance commitments or to other financial cooperation
arrangements at the bilateral, regional or international levels. [ agreed ad referendum]
6. States Parties may conclude bilateral, regional 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, investigation
and prosecution of the offences covered by this Convention.
Chapter VIII: Mechanism of implementation
Article 57. Conference of the States Parties to the Convention
1. A Conference of the States Parties to the Convention is hereby established to
improve the capacity of and cooperation between States Parties to achieve the
objectives set forth in this Convention and to promote and review its implementation.
[agreed ad referendum]
2. The Secretary-General of the United Nations shall convene the Conference of
the States Parties not later than one year following the entry into force of this
Convention. Thereafter, regular meetings of the Conference shall be held in
accordance with the rules of procedure adopted by the Conference.
3. The Conference of the States Parties shall adopt rules of procedure and ru les
governing the activities set forth in this article, including rules concerning the
admission and participation of observers, and the payment of expenses incurred in
carrying out those activities. Such rules and related activities shall take into accoun t
principles such as effectiveness, inclusivity, transparency, efficiency and national
ownership.
4. In establishing its regular meetings, the Conference of the States Parties shall
take into account the time and location of the meetings of other relevant international
and regional organizations and mechanisms in similar matters, including their
subsidiary treaty bodies, consistent with the principles identified in paragraph 3 of
this article.
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5. The Conference of the States Parties shall agree upon activities, procedures and
methods of work to achieve the objectives set forth in paragraph 1 of this article,
including: [agreed ad referendum]
(a) Facilitating the effective use and implementation of this Convention, the
identification of any problems thereof, as well as the activities carried out by States
Parties under this Convention, including encouraging the mobilization of voluntary
contributions; [agreed ad referendum]
(b) Facilitating the exchange of information on legal, policy and technological
developments pertaining to the offences established in accordance with this
Convention and the collection of evidence in electronic form among States Parties
and relevant international and regional organizations, as well as non -governmental
organizations, civil society organizations, academic institutions and private sector
entities, in accordance with domestic law, as well as on patterns and trends in
cybercrime and on successful practices for preventing and combating such offences;
(c) Cooperating with relevant international and regional organizations, as well
as non-governmental organizations, civil society organizations, academic institutions
and private sector entities;
(d) Making appropriate use of relevant information produced by other
international and regional organizations and mechanisms for preventing and
combating the offences established in accordance with this Convention, in order to
avoid unnecessary duplication of work;
(e) Reviewing periodically the implementation of this Convention by its
States Parties; [agreed ad referendum]
(f) Making recommendations to improve this Convention and its
implementation as well as considering possible supplementation or amendment of the
Convention; [agreed ad referendum]
(g) Elaborating and adopting supplementary protocols to this Convention on
the basis of article 61; [agreed ad referendum]
(h) Taking note of the technical assistance and capacity-building requirements
of States Parties regarding the implementation of this Convention and recommending
any action it may deem necessary in that respect. [agreed ad referendum]
6. Each State Party shall provide the Conference of the States Parties with
information on legislative, administrative and other measures, as well as on its
programmes, plans and practices, to implement this Convention, as required by the
Conference. The Conference shall examine the most effective way of receiving and
acting upon information, including, inter alia, information received from States Parties
and from competent international organizations. Inputs received from representatives
of other relevant stakeholders, duly accredited in accordance with procedures to be
decided upon by the Conference, may also be considered.
7. For the purpose of paragraph 5 of this article, the Conference of the States
Parties may establish and administer such review mechanisms as it considers
necessary to supplement the information provided by States Parties and relevant
international and regional organizations, as well as non -governmental organizations,
civil society organizations, academic institutions and private sector entities, in
accordance with paragraph 6 of this article. [agreed ad referendum]
8. Pursuant to paragraphs 5 to 7 of this article, the Conference of the States Parties
shall establish, if it deems necessary, any appropriate mechanisms or subsidiary
bodies to assist in the effective implementation of the Convention. [ agreed ad
referendum]
Article 58. Secretariat
1. The Secretary-General of the United Nations shall provide the necessary
secretariat services to the Conference of the States Parties to the Conventio n.
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2. The secretariat shall: [agreed ad referendum]
(a) Assist the Conference of the States Parties in carrying out the activities set
forth in this Convention and make arrangements and provide the necessary services
for the sessions of the Conference as they pertain to this Convention; [agreed ad
referendum]
(b) Upon request, assist States Parties in providing information to the
Conference of the States Parties, as envisaged in this Convention; and [ agreed ad
referendum]
(c) Ensure the necessary coordination with the secretariats of relevant
international and regional organizations. [agreed ad referendum]
Chapter IX Final provisions
Article 59. Implementation of the Convention
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. [ agreed
ad referendum]
2. Each State Party may adopt more strict or severe measures than those provided
for by this Convention for preventing and combating the offences established in
accordance with this Convention.
Article 60. Effects of the Convention
1. If two or more States Parties have already concluded an agreement or treaty on
the matters dealt with in this Convention or have otherwise established their relations
on such matters, or should they in future do so, they shall also be entitled to apply
that agreement or treaty or to regulate those relations accordingly.
2. Nothing in this Convention shall affect other rights, restrictions, obligations and
responsibilities of a State Party under international law. [agreed ad referendum]
Article 61. Relation with protocols
[agreed ad referendum]
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.
Article 62. Settlement of disputes
1. States Parties shall endeavour to settle disputes concerning the interpretation or
application of this Convention through negotiation or any other peaceful means of
their own choice. [agreed ad referendum]
2. Any dispute between two or more States Parties concerning the interpretation or
application of this Convention that cannot be settled through negotiation or other
peaceful means 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
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arbitration, any one of those States Parties may refer the dispute to t he 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. [agreed ad referendum]
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. [agreed ad referendum]
Article 63. Signature, ratification, acceptance, approval and accession
[agreed ad referendum]
1. This Convention shall be open to all States for signature from [ date] to [date] in
[city], [country], and thereafter at United Nations Headquarters in New York until
[date].
2. This Convention shall also be open for signature by regional economic
integration organizations, provided that at least one member State of such an
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 depos itary 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.
Article 64. Entry into force
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 that 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 or on the date on which this Convention enters into force pursuant to
paragraph 1 of this article, whichever is later.
Article 65. Amendment
1. After the expiry of five years from the entry into force of this Convention, a
State Party may propose an amendment and transmit it to the Secretary -General of
the United Nations, which shall thereupon communicate the proposed amendment to
the States Parties and to the Conference of the States Parties to the Convention for the
purpose of considering and deciding on the proposal. The Conference shall make
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every effort to achieve consensus on each amendment. If all efforts at consensus have
been exhausted and no agreement has been reached, the am endment shall, as a last
resort, require for its adoption a two-thirds majority vote of the States Parties present
and voting at the meeting of the Conference.
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. [agreed ad referendum]
3. An amendment adopted in accordance with paragraph 1 of this article is subject
to ratification, acceptance or approval by States Parties. [agreed ad referendum]
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. [agreed ad referendum]
5. When an amendment enters into force, it shall be binding on those States Parties
that 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. [agreed ad referendum]
Article 66. Denunciation
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. [agreed
ad referendum]
2. A regional economic integration organization shall cease to be a Party to this
Convention when all of its member States have denounced it. [ agreed ad referendum]
3. Denunciation of this Convention in accordance with paragraph 1 of this article
shall entail the denunciation of any protocols thereto. [agreed ad referendum]
Article 67. Depositary and languages
[agreed ad referendum]
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.
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