United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
Adopted by the Conference at its 6th plenary meeting,
Deeply concerned by the magnitude of and rising trend in the illicit production of, demand forand traffic in narcotic drugs and psychotropic substances, which pose a serious threat to thehealth and welfare of human beings and adversely affect the economic, cultural and politicalfoundations of society,
Deeply concerned also by the steadily increasing inroads into various social groups made byillicit traffic in narcotic drugs and psychotropic substances, and particularly by the fact thatchildren are used in many parts of the world as an illicit drug consumers market and for purposesof illicit production, distribution and trade in narcotic drugs and psychotropic substances, whichentails a danger of incalculable gravity,
Recognizing the links between illicit traffic and other related organized criminal activities whichundermine the legitimate economies and threaten the stability, security and sovereignty of States,
Recognizing also that illicit traffic is an international criminal activity, the suppression of whichdemands urgent attention and the highest priority,
Aware that illicit traffic generates large financial profits and wealth enabling transnationalcriminal organizations to penetrate, contaminate and corrupt the structures of government,legitimate commercial and financial business, and society at all its levels,
Determined to deprive persons engaged in illicit traffic of the proceeds of their criminal activitiesand thereby eliminate their main incentive for so doing,
Desiring to eliminate the root causes of the problem of abuse of narcotic drugs and psychotropicsubstances, including the illicit demand for such drugs and substances and the enormous profitsderived from illicit traffic,
Considering that measures are necessary to monitor certain substances, including precursors,chemicals and solvents, which are used in the manufacture of narcotic drugs and psychotropicsubstances, the ready availability of which has led to an increase in the clandestine manufactureof such drugs and substances,
Determined to improve international co-operation in the suppression of illicit traffic by sea,
Recognizing that eradication of illicit traffic is a collective responsibility of all States and that, tothat end, co-ordinated action within the framework of international co-operation is necessary,
Acknowledging the competence of the United Nations in the field of control of narcotic drugsand psychotropic substances and desirous that the international organs concerned with suchcontrol should be within the framework of that Organization,
Reaffirming the guiding principles of existing treaties in the field of narcotic drugs andpsychotropic substances and the system of control which they embody,
Recognizing the need to reinforce and supplement the measures provided in the SingleConvention on Narcotic Drugs, 1961, that Convention as amended by the 1972 ProtocolAmending the Single Convention on Narcotic Drugs, 1961, and the 1971 Convention onPsychotropic Substances, in order to counter the magnitude and extent of illicit traffic and itsgrave consequences,
Recognizing also the importance of strengthening and enhancing effective legal means forinternational co-operation in criminal matters for suppressing the international criminal activitiesof illicit traffic,
Desiring to conclude a comprehensive, effective and operative international convention that isdirected specifically against illicit traffic and that considers the various aspects of the problem asa whole, in particular those aspects not envisaged in the existing treaties in the field of narcoticdrugs and psychotropic substances,
Article 1 DEFINITIONS
Except where otherwise expressly indicated or where the context otherwise requires, thefollowing definitions shall apply throughout this Convention:
(a) "Board" means the International Narcotics Control Board established by the SingleConvention on Narcotic Drugs, 1961, and that Convention as amended by the 1972Protocol Amending the Single Convention on Narcotic Drugs, 1961;
(b) "Cannabis plant" means any plant of the genus Cannabis;
(c) "Coca bush" means the plant of any species of the genus Erythroxylon;
(d) "Commercial carrier" means any person or any public, private or other entity engagedin transporting persons, goods or mails for remuneration, hire or any other benefit;
(e) "Commission" means the Commission on Narcotic Drugs of the Economic and SocialCouncil of the United nations;
(f) "Confiscation", which includes forfeiture where applicable, means the permanentdeprivation of property by order of a court or other competent authority;
(g) "Controlled delivery" means the technique of allowing illicit or suspect consignmentsof narcotic drugs, psychotropic substances, substances in Table I and Table II annexed tothis Convention, or substances substituted for them, to pass out of, through or into the
territory of one or more countries, with the knowledge and under the supervision of theircompetent authorities, with a view to identifying persons involved in the commission ofoffences established in accordance with article 3, paragraph 1 of the Convention;
(h) "1961 Convention" means the Single Convention on Narcotic Drugs, 1961;
(i) "1961 Convention as amended" means the Single Convention on Narcotic Drugs,1961, as amended by the 1972 Protocol Amending the Single Convention on NarcoticDrugs, 1961;
(j) "1971 Convention" means the Convention on Psychotropic Substances, 1971;
(k) "Council" means the Economic and Social Council of the United Nations;
(l) "Freezing" or "seizure" means temporarily prohibiting the transfer, conversion,disposition or movement of property or temporarily assuming custody or control ofproperty on the basis of an order issued by a court or a competent authority;
(m) "Illicit traffic" means the offences set forth in article 3, paragraphs 1 and 2, of thisConvention;
(n) "Narcotic drug" means any of the substances, natural or synthetic, in Schedules I andII of the Single Convention on Narcotic Drugs, 1961, and that Convention as amended bythe 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;
(o) "Opium poppy" means the plant of the species Papaver somniferum L;
(p) "Proceeds" means any property derived from or obtained, directly or indirectly,through the commission of an offence established in accordance with article 3, paragraph1;
(q) "Property" means assets of every kind, whether corporeal or incorporeal, movable orimmovable, tangible or intangible, and legal documents or instruments evidencing titleto, or interest in, such assets;
(r) "Psychotropic substance" means any substance, natural or synthetic, or any naturalmaterial in Schedules I, II, III and IV of the Convention on Psychotropic Substances,1971;
(s) "Secretary-General" means the Secretary-General of the United Nations;
(t) "Table I" and "Table II" mean the correspondingly numbered lists of substancesannexed to this Convention, as amended from time to time in accordance with article 12;
(u) "Transit State" means a State through the territory of which illicit narcotic drugs,psychotropic substances and substances in Table I and Table II are being moved, which isneither the place of origin nor the place of ultimate destination thereof. Article 2 SCOPE OF THE CONVENTION
1. The purpose of this Convention is to promote co-operation among the Parties so that they mayaddress more effectively the various aspects of illicit traffic in narcotic drugs and psychotropic
substances having an international dimension. In carrying out their obligations under theConvention, the Parties shall take necessary measures, including legislative and administrativemeasures, in conformity with the fundamental provisions of their respective domestic legislativesystems.
2. The Parties shall carry out their obligations under this Convention in a manner consistent withthe principles of sovereign equality and territorial integrity of States and that of non-interventionin the domestic affairs of other States.
3. A Party shall not undertake in the territory of another Party the exercise of jurisdiction andperformance of functions which are exclusively reserved for the authorities of that other Party byits domestic law. Article 3 OFFENCES AND SANCTIONS
1. Each Party shall adopt such measures as may be necessary to establish as criminal offencesunder its domestic law, when committed intentionally:
(a) (i) The production, manufacture, extraction, preparation, offering, offering for sale,distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch intransit, transport, importation or exportation of any narcotic drug or any psychotropicsubstance contrary to the provisions of the 1961 Convention, the 1961 Convention asamended or the 1971 Convention;
(ii) The cultivation of opium poppy, coca bush or cannabis plant for the purposeof the production of narcotic drugs contrary to the provisions of the 1961Convention and the 1961 Convention as amended;
(iii) The possession or purchase of any narcotic drug or psychotropic substancefor the purpose of any of the activities enumerated in (i) above;
(iv) The manufacture, transport or distribution of equipment, materials or ofsubstances listed in Table I and Table II, knowing that they are to be used in orfor the illicit cultivation, production or manufacture of narcotic drugs orpsychotropic substances;
(v) The organization, management or financing of any of the offences enumeratedin (i), (ii), (iii) or (iv) above;
(b) (i) The conversion or transfer of property, knowing that such property is derived fromany offence or offences established in accordance with subparagraph (a) of thisparagraph, or from an act of participation in such offence or offences, for the purpose ofconcealing or disguising the illicit origin of the property or of assisting any person who isinvolved in the commission of such an offence or offences to evade the legalconsequences of his actions;
(ii) The concealment or disguise of the true nature, source, location, disposition,movement, rights with respect to, or ownership of property, knowing that suchproperty is derived from an offence or offences established in accordance withsubparagraph (a) of this paragraph or from an act of participation in such anoffence or offences;
(c) Subject to its constitutional principles and the basic concepts of its legal system:
(i) The acquisition, possession or use of property, knowing, at the time of receipt,that such property was derived from an offence or offences established inaccordance with subparagraph (a) of this paragraph or from an act of participationin such offence or offences;
(ii) The possession of equipment or materials or substances listed in Table I andTable II, knowing that they are being or are to be used in or for the illicitcultivation, production or manufacture of narcotic drugs or psychotropicsubstances;
(iii) Publicly inciting or inducing others, by any means, to commit any of theoffences established in accordance with this article or to use narcotic drugs orpsychotropic substances illicitly;
(iv) Participation in, association or conspiracy to commit, attempts to commit andaiding, abetting, facilitating and counselling the commission of any of theoffences established in accordance with this article.
2. Subject to its constitutional principles and the basic concepts of its legal system, each Partyshall adopt such measures as may be necessary to establish as a criminal offence under itsdomestic law, when committed intentionally, the possession, purchase or cultivation of narcoticdrugs or psychotropic substances for personal consumption contrary to the provisions of the1961 Convention, the 1961 Convention as amended or the 1971 Convention.
3. Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 ofthis article may be inferred from objective factual circumstances.
4. (a) Each Party shall make the commission of the offences established in accordance withparagraph 1 of this article liable to sanctions which take into account the grave nature of theseoffences, such as imprisonment or other forms of deprivation of liberty, pecuniary sanctions andconfiscation.
(b) The Parties may provide, in addition to conviction or punishment, for an offenceestablished in accordance with paragraph 1 of this article, that the offender shall undergomeasures such as treatment, education, aftercare, rehabilitation or social reintegration.
(c) Notwithstanding the preceding subparagraphs, in appropriate cases of a minor nature,the Parties may provide, as alternatives to conviction or punishment, measures such aseducation, rehabilitation or social reintegration, as well as, when the offender is a drugabuser, treatment and aftercare.
(d) The Parties may provide, either as an alternative to conviction or punishment, or inaddition to conviction or punishment of an offence established in accordance withparagraph 2 of this article, measures for the treatment, education, aftercare, rehabilitationor social reintegration of the offender.
5. The Parties shall ensure that their courts and other competent authorities having jurisdictioncan take into account factual circumstances which make the commission of the offencesestablished in accordance with paragraph 1 of this article particularly serious, such as:
(a) The involvement in the offence of an organized criminal group to which the offenderbelongs;
(b) The involvement of the offender in other international organized criminal activities;
(c) The involvement of the offender in other illegal activities facilitated by commission ofthe offence;
(d) The use of violence or arms by the offender;
(e) The fact that the offender holds a public office and that the offence is connected withthe office in question;
(g) The fact that the offence is committed in a penal institution or in an educationalinstitution or social service facility or in their immediate vicinity or in other places towhich school children and students resort for educational, sports and social activities;
(h) Prior conviction, particularly for similar offences, whether foreign or domestic, to theextent permitted under the domestic law of a Party.
6. The Parties shall endeavour to ensure that any discretionary legal powers under their domesticlaw relating to the prosecution of persons for offences established in accordance with this articleare exercised to maximize the effectiveness of law enforcement measures in respect of thoseoffences and with due regard to the need to deter the commission of such offences.
7. The Parties shall ensure that their courts or other competent authorities bear in mind theserious nature of the offences enumerated in paragraph 1 of this article and the circumstancesenumerated in paragraph 5 of this article when considering the eventuality of early release orparole of persons convicted of such offences.
8. Each Party shall, where appropriate, establish under its domestic law a long statute oflimitations period in which to commence proceedings for any offence established in accordancewith paragraph 1 of this article, and a longer period where the alleged offender has evaded theadministration of justice.
9. Each Party shall take appropriate measures, consistent with its legal system, to ensure that aperson charged with or convicted of an offence established in accordance with paragraph 1 ofthis article, who is found within its territory, is present at the necessary criminal proceedings.
10. For the purpose of co-operation among the Parties under this Convention, including, inparticular, co-operation under articles 5, 6, 7 and 9, offences established in accordance with thisarticle shall not be considered as fiscal offences or as political offences or regarded as politicallymotivated, without prejudice to the constitutional limitations and the fundamental domestic lawof the Parties.
11. Nothing contained in this article shall affect the principle that the description of the offencesto which it refers and of legal defences thereto is reserved to the domestic law of a Party and thatsuch offences shall be prosecuted and punished in conformity with that law. Article 4 JURISDICTION
(a) Shall take such measures as may be necessary to establish its jurisdiction over theoffences it has established in accordance with article 3, paragraph 1, when:
(i) The offence is committed in its territory;
(ii) The offence is committed on board a vessel flying its flag or an aircraft whichis registered under its laws at the time the offence is committed;
(b) May take such measures as may be necessary to establish its jurisdiction over theoffences it has established in accordance with article 3, paragraph 1, when:
(i) The offence is committed by one of its nationals or by a person who has hishabitual residence in its territory;
(ii) The offence is committed on board a vessel concerning which that Party hasbeen authorized to take appropriate action pursuant to article 17, provided thatsuch jurisdiction shall be exercised only on the basis of agreements orarrangements referred to in paragraphs 4 and 9 of that article;
(iii) The offence is one of those established in accordance with article 3,paragraph 1, subparagraph (c)(iv), and is committed outside its territory with aview to the commission, within its territory, of an offence established inaccordance with article 3, paragraph 1.
(a) Shall also take such measures as may be necessary to establish its jurisdiction over theoffences it has established in accordance with article 3, paragraph 1, when the allegedoffender is present in its territory and it does not extradite him to another Party on theground:
(i) That the offence has been committed in its territory or on board a vessel flyingits flag or an aircraft which was registered under its law at the time the offencewas committed; or
(ii) That the offence has been committed by one of its nationals;
(b) May also take such measures as may be necessary to establish its jurisdiction over theoffences it has established in accordance with article 3, paragraph 1, when the allegedoffender is present in its territory and it does not extradite him to another Party.
3. This Convention does not exclude the exercise of any criminal jurisdiction established by aParty in accordance with its domestic law. Article 5 CONFISCATION
1. Each Party shall adopt such measures as may be necessary to enable confiscation of:
(a) Proceeds derived from offences established in accordance with article 3, paragraph 1,or property the value of which corresponds to that of such proceeds;
(b) Narcotic drugs and psychotropic substances, materials and equipment or otherinstrumentalities used in or intended for use in any manner in offences established inaccordance with article 3, paragraph 1.
2. Each Party shall also adopt such measures as may be necessary to enable its competentauthorities to identify, trace, and freeze or seize proceeds, property, instrumentalities or any otherthings referred to in paragraph 1 of this article, for the purpose of eventual confiscation.
3. In order to carry out the measures referred to in this article, each Party shall empower itscourts or other competent authorities to order that bank, financial or commercial records be madeavailable or be seized. A Party shall not decline to act under the provisions of this paragraph onthe ground of bank secrecy.
4. (a) Following a request made pursuant to this article by another Party having jurisdiction overan offence established in accordance with article 3, paragraph 1, the Party in whose territoryproceeds, property, instrumentalities or any other things referred to in paragraph 1 of this articleare situated shall:
(i) Submit the request to its competent authorities for the purpose of obtaining anorder of confiscation and, if such order is granted, give effect to it; or
(ii) Submit to its competent authorities, with a view to giving effect to it to theextent requested, an order of confiscation issued by the requesting Party inaccordance with paragraph l of this article, in so far as it relates to proceeds,property, instrumentalities or any other things referred to in paragraph l situated inthe territory of the requested Party.
(b) Following a request made pursuant to this article by another Party having jurisdictionover an offence established in accordance with article 3, paragraph l, the requested Partyshall take measures to identify, trace, and freeze or seize proceeds, property,instrumentalities or any other things referred to in paragraph l of this article for thepurpose of eventual confiscation to be ordered either by the requesting Party or, pursuantto a request under subparagraph (a) of this paragraph, by the requested Party.
(c) The decisions or actions provided for in subparagraphs (a) and (b) of this paragraphshall be taken by the requested Party, in accordance with and subject to the provisions ofits domestic law and its procedural rules or any bilateral or multilateral treaty, agreementor arrangement to which it may be bound in relation to the requesting Party.
(d) The provisions of article 7, paragraphs 6 to 19 are applicable mutatis mutandis. Inaddition to the information specified in article 7, paragraph 10, requests made pursuant tothis article shall contain the following:
(i) In the case of a request pertaining to subparagraph (a)(i) of this paragraph, adescription of the property to be confiscated and a statement of the facts reliedupon by the requesting Party sufficient to enable the requested Party to seek theorder under its domestic law;
(ii) In the case of a request pertaining to subparagraph (a)(ii), a legally admissiblecopy of an order of confiscation issued by the requesting Party upon which therequest is based, a statement of the facts and information as to the extent to whichthe execution of the order is requested;
(iii) In the case of a request pertaining to subparagraph (b), a statement of thefacts relied upon by the requesting Party and a description of the actionsrequested.
(e) Each Party shall furnish to the Secretary-General the text of any of its laws andregulations which give effect to this paragraph and the text of any subsequent changes tosuch laws and regulations.
(f) If a Party elects to make the taking of the measures referred to in subparagraphs (a)and (b) of this paragraph conditional on the existence of a relevant treaty, that Party shallconsider this Convention as the necessary and sufficient treaty basis.
(g) The Parties shall seek to conclude bilateral and multilateral treaties, agreements orarrangements to enhance the effectiveness of international co-operation pursuant to thisarticle.
5. (a) Proceeds or property confiscated by a Party pursuant to paragraph 1 or paragraph 4 of thisarticle shall be disposed of by that Party according to its domestic law and administrativeprocedures.
(b) When acting on the request of another Party in accordance with this article, a Partymay give special consideration to concluding agreements on:
(i) Contributing the value of such proceeds and property, or funds derived fromthe sale of such proceeds or property, or a substantial part thereof, tointergovernmental bodies specializing in the fight against illicit traffic in andabuse of narcotic drugs and psychotropic substances;
(ii) Sharing with other Parties, on a regular or case-by-case basis, such proceedsor property, or funds derived from the sale of such proceeds or property, inaccordance with its domestic law, administrative procedures or bilateral ormultilateral agreements entered into for this purpose.
6. (a) If proceeds have been transformed or converted into other property, such property shall beliable to the measures referred to in this article instead of the proceeds.
(b) If proceeds have been intermingled with property acquired from legitimate sources,such property shall, without prejudice to any powers relating to seizure or freezing, beliable to confiscation up to the assessed value of the intermingled proceeds.
(c) Income or other benefits derived from:
(ii) Property into which proceeds have been transformed or converted; or
(iii) Property with which proceeds have been intermingled
shall also be liable to the measures referred to in this article,in the same manner and tothe same extent as proceeds.
7. Each Party may consider ensuring that the onus of proof be reversed regarding the lawfulorigin of alleged proceeds or other property liable to confiscation, to the extent that such action isconsistent with the principles of its domestic law and with the nature of the judicial and otherproceedings.
8. The provisions of this article shall not be construed as prejudicing the rights of bona fide thirdparties.
9. Nothing contained in this article shall affect the principle that the measures to which it refersshall be defined and implemented in accordance with and subject to the provisions of thedomestic law of a Party. Article 6 EXTRADITION
1. This article shall apply to the offences established by the Parties in accordance with article 3,paragraph 1.
2. Each of the offences to which this article applies shall be deemed to be included as anextraditable offence in any extradition treaty existing between Parties. The Parties undertake toinclude such offences as extraditable offences in every extradition treaty to be concludedbetween them.
3. If a Party which makes extradition conditional on the existence of a treaty receives a requestfor extradition from another Party with which it has no extradition treaty, it may consider thisConvention as the legal basis for extradition in respect of any offence to which this articleapplies. The Parties which require detailed legislation in order to use this Convention as a legalbasis for extradition shall consider enacting such legislation as may be necessary.
4. The Parties which do not make extradition conditional on the existence of a treaty shallrecognize offences to which this article applies as extraditable offences between themselves.
5. Extradition shall be subject to the conditions provided for by the law of the requested Party orby applicable extradition treaties, including the grounds upon which the requested Party mayrefuse extradition.
6. In considering requests received pursuant to this article, the requested State may refuse tocomply with such requests where there are substantial grounds leading its judicial or othercompetent authorities to believe that compliance would facilitate the prosecution or punishmentof any person on account of his race, religion, nationality or political opinions, or would causeprejudice for any of those reasons to any person affected by the request.
7. The Parties shall endeavour to expedite extradition procedures and to simplify evidentiaryrequirements relating thereto in respect of any offence to which this article applies.
8. Subject to the provisions of its domestic law and its extradition treaties, the requested Partymay, upon being satisfied that the circumstances so warrant and are urgent, and at the request ofthe requesting Party, take a person whose extradition is sought and who is present in its territoryinto custody or take other appropriate measures to ensure his presence at extradition proceedings.
9. Without prejudice to the exercise of any criminal jurisdiction established in accordance withits domestic law, a Party in whose territory an alleged offender is found shall:
(a) If it does not extradite him in respect of an offence established in accordance witharticle 3, paragraph 1, on the grounds set forth in article 4, paragraph 2, subparagraph (a),submit the case to its competent authorities for the purpose of prosecution, unlessotherwise agreed with the requesting Party;
(b) If it does not extradite him in respect of such an offence and has established itsjurisdiction in relation to that offence in accordance with article 4, paragraph 2,subparagraph (b), submit the case to its competent authorities for the purpose ofprosecution, unless otherwise requested by the requesting Party for the purposes ofpreserving its legitimate jurisdiction.
10. If extradition, sought for purposes of enforcing a sentence, is refused because the personsought is a national of the requested Party, the requested Party shall, if its law so permits and inconformity with the requirements of such law, upon application of the requesting Party, consider
the enforcement of the sentence which has been imposed under the law of the requesting Party,or the remainder thereof.
11. The Parties shall seek to conclude bilateral and multilateral agreements to carry out or toenhance the effectiveness of extradition.
12. The Parties may consider entering into bilateral or multilateral agreements, whether ad hocor general, on the transfer to their country of persons sentenced to imprisonment and other formsof deprivation of liberty for offences to which this article applies, in order that they maycomplete their sentences there. Article 7 MUTUAL LEGAL ASSISTANCE
1. The Parties shall afford one another, pursuant to this article, the widest measure of mutuallegal assistance in investigations, prosecutions and judicial proceedings in relation to criminaloffences established in accordance with article 3, paragraph 1.
2. Mutual legal assistance to be afforded in accordance with this article may be requested for anyof the following purposes:
(a) Taking evidence or statements from persons;
(b) Effecting service of judicial documents;
(e) Providing information and evidentiary items;
(f) Providing originals or certified copies of relevant documents and records, includingbank, financial, corporate or business records;
(g) Identifying or tracing proceeds, property, instrumentalities or other things forevidentiary purposes.
3. The Parties may afford one another any other forms of mutual legal assistance allowed by thedomestic law of the requested Party.
4. Upon request, the Parties shall facilitate or encourage, to the extent consistent wit theirdomestic law and practice, the presence or availability of persons, including persons in custody,who consent to assist in investigations or participate in proceedings.
5. A Party shall not decline to render mutual legal assistance under this article on the ground ofbank secrecy.
6. The provisions of this article shall not affect the obligations under any other treaty, bilateral ormultilateral, which governs or will govern, in whole or in part, mutual legal assistance incriminal matters.
7. Paragraphs 8 to 19 of this article shall apply to requests made pursuant to this article if theParties in question are not bound by a treaty of mutual legal assistance. If these Parties are bound
by such a treaty, the corresponding provisions of that treaty shall apply unless the Parties agreeto apply paragraphs 8 to 19 of this article in lieu thereof.
8. Parties shall designate an authority, or when necessary authorities, which shall have theresponsibility and power to execute requests for mutual legal assistance or to transmit them tothe competent authorities for execution. The authority or the authorities designated for thispurpose shall be notified to the Secretary-General. Transmission of requests for mutual legalassistance and any communication related thereto shall be effected between the authoritiesdesignated by the Parties; this requirement shall be without prejudice to the right of a Party torequire that such requests and communications be addressed to it through the diplomatic channeland, in urgent circumstances, where the Parties agree, through channels of the InternationalCriminal Police Organization, if possible.
9. Requests shall be made in writing in a language acceptable to the requested Party. Thelanguage or languages acceptable to each Party shall be notified to the Secretary-General. Inurgent circumstances, and where agreed by the Parties, requests may be made orally, but shall beconfirmed in writing forthwith.
10. A request for mutual legal assistance shall contain:
(a) The identity of the authority making the request;
(b) The subject matter and nature of the investigation, prosecution or proceeding to whichthe request relates, and the name and the functions of the authority conducting suchinvestigation, prosecution or proceeding;
(c) A summary of the relevant facts, except in respect of requests for the purpose ofservice of judicial documents;
(d) A description of the assistance sought and details of any particular procedure therequesting Party wishes to be followed;
(e) Where possible, the identity, location and nationality of any person concerned;
(f) The purpose for which the evidence, information or action is sought.
11. The requested Party may request additional information when it appears necessary for theexecution of the request in accordance with its domestic law or when it can facilitate suchexecution.
12. A request shall be executed in accordance with the domestic law of the requested Party and,to the extent not contrary to the domestic law of the requested Party and where possible, inaccordance with the procedures specified in the request.
13. The requesting Party shall not transmit nor use information or evidence furnished by therequested Party for investigations, prosecutions or proceedings other than those stated in therequest without the prior consent of the requested Party.
14. The requesting Party may require that the requested Party keep confidential the fact andsubstance of the request, except to the extent necessary to execute the request. If the requestedParty cannot comply with the requirement of confidentiality, it shall promptly inform therequesting Party.
15. Mutual legal assistance may be refused:
(a) If the request is not made in conformity with the provisions of this article;
(b) If the requested Party considers that execution of the request is likely to prejudice itssovereignty, security, ordure public or other essential interests;
(c) If the authorities of the requested Party would be prohibited by its domestic law fromcarrying out the action requested with regard to any similar offence, had it been subject toinvestigation, prosecution or proceedings under their own jurisdiction;
(d) If it would be contrary to the legal system of the requested Party relating to mutuallegal assistance for the request to be granted.
16. Reasons shall be given for any refusal of mutual legal assistance.
17. Mutual legal assistance may be postponed by the requested Party on the ground that itinterferes with an ongoing investigation, prosecution or proceeding. In such a case, the requestedParty shall consult with the requesting Party to determine if the assistance can still be givensubject to such terms and conditions as the requested Party deems necessary.
18. A witness, expert or other person who consents to give evidence in a proceeding or to assistin an investigation, prosecution or judicial proceeding in the territory of the requesting Party,shall not be prosecuted, detained, punished or subjected to any other restriction of his personalliberty in that territory in respect of acts, omissions or convictions prior to his departure from theterritory of the requested Party. Such safe conduct shall cease when the witness, expert or otherperson having had, for a period of fifteen consecutive days, or for any period agreed upon by theParties, from the date on which he has been officially informed that his presence is no longerrequired by the judicial authorities, an opportunity of leaving, has nevertheless remainedvoluntarily in the territory or, having left it, has returned of his own free will.
19. The ordinary costs of executing a request shall be borne by the requested Party, unlessotherwise agreed by the Parties concerned. If expenses of a substantial or extraordinary natureare or will be required to fulfil the request, the Parties shall consult to determine the terms andconditions under which the request will be executed as well as the manner in which the costsshall be borne.
20. The Parties shall consider, as may be necessary, the possibility of concluding bilateral ormultilateral agreements or arrangements that would serve the purposes of, give practical effectto, or enhance the provisions of this article. Article 8 TRANSFER OF PROCEEDINGS
The Parties shall give consideration to the possibility of transferring to one another proceedingsfor criminal prosecution of offences established in accordance with article 3, paragraph 1, incases where such transfer is considered to be in the interests of a proper administration of justice. Article 9 OTHER FORMS OF CO-OPERATION AND TRAINING
1. The Parties shall co-operate closely with one another, consistent with their respective domesticlegal and administrative systems, with a view to enhancing the effectiveness of law enforcementaction to suppress the commission of offences established in accordance with article 3, paragraph1. They shall, in particular, on the basis of bilateral or multilateral agreements or arrangements:
(a) Establish and maintain channels of communication between their competent agenciesand services to facilitate the secure and rapid exchange of information concerning allaspects of offences established in accordance with article 3, paragraph 1, including, if theParties concerned deem it appropriate, links with other criminal activities;
(b) Co-operate with one another in conducting enquiries, with respect to offencesestablished in accordance with article 3, paragraph 1, having an international character,concerning:
(i) The identity, whereabouts and activities of persons suspected of beinginvolved in offences established in accordance with article 3, paragraph 1;
(ii) The movement of proceeds or property derived from the commission of suchoffences;
(iii) The movement of narcotic drugs, psychotropic substances, substances inTable I and Table II of this Convention and instrumentalities used or intended foruse in the commission of such offences;
(c) In appropriate cases and if not contrary to domestic law, establish joint teams, takinginto account the need to protect the security of persons and of operations, to carry out theprovisions of this paragraph. Officials of any Party taking part in such teams shall act asauthorized by the appropriate authorities of the Party in whose territory the operation is totake place; in all such cases, the Parties involved shall ensure that the sovereignty of theParty on whose territory the operation is to take place is fully respected;
(d) Provide, when appropriate, necessary quantities of substances for analytical orinvestigative purposes;
(e) Facilitate effective co-ordination between their competent agencies and services andpromote the exchange of personnel and other experts, including the posting of liaisonofficers.
2. Each Party shall, to the extent necessary, initiate, develop or improve specific trainingprogrammes for its law enforcement and other personnel, including customs, charged with thesuppression of offences established in accordance with article 3, paragraph 1. Such programmesshall deal, in particular, with the following:
(a) Methods used in the detection and suppression of offences established in accordancewith article 3, paragraph 1;
(b) Routes and techniques used by persons suspected of being involved in offencesestablished in accordance with article 3, paragraph 1, particularly in transit States, andappropriate countermeasures;
(c) Monitoring of the import and export of narcotic drugs, psychotropic substances andsubstances in Table I and Table II;
(d) Detection and monitoring of the movement of proceeds and property derived from,and narcotic drugs, psychotropic substances and substances in Table I and Table II, andinstrumentalities used or intended for use in, the commission of offences established inaccordance with article 3, paragraph 1;
(e) Methods used for the transfer, concealment or disguise of such proceeds, property andinstrumentalities;
(g) Control techniques in free trade zones and free ports;
(h) Modern law enforcement techniques.
3. The Parties shall assist one another to plan and implement research and training programmesdesigned to share expertise in the areas referred to in paragraph 2 of this article and, to this end,shall also, when appropriate, use regional and international conferences and seminars to promoteco-operation and stimulate discussion on problems of mutual concern, including the specialproblems and needs of transit States. Article 10 INTERNATIONAL CO-OPERATION AND ASSISTANCE FOR TRANSIT STATES
1. The Parties shall co-operate, directly or through competent international or regionalorganizations, to assist and support transit States and, in particular, developing countries in needof such assistance and support, to the extent possible, through programmes of technical co-operation on interdiction and other related activities.
2. The Parties may undertake, directly or through competent international or regionalorganizations, to provide financial assistance to such transit States for the purpose of augmentingand strengthening the infrastructure needed for effective control and prevention of illicit traffic.
3. The Parties may conclude bilateral or multilateral agreements or arrangements to enhance theeffectiveness of international co-operation pursuant to this article and may take intoconsideration financial arrangements in this regard. Article 11 CONTROLLED DELIVERY
1. If permitted by the basic principles of their respective domestic legal systems, the Parties shalltake the necessary measures, within their possibilities, to allow for the appropriate use ofcontrolled delivery at the international level, on the basis of agreements or arrangementsmutually consented to, with a view to identifying persons involved in offences established inaccordance with article 3, paragraph 1, and to taking legal action against them.
2. Decisions to use controlled delivery shall be made on a case-by-case basis and may, whennecessary, take into consideration financial arrangements and understandings with respect to theexercise of jurisdiction by the Parties concerned.
3. Illicit consignments whose controlled delivery is agreed to may, with the consent of the Partiesconcerned, be intercepted and allowed to continue with the narcotic drugs or psychotropicsubstances intact or removed or replaced in whole or in part. Article 12 SUBSTANCES FREQUENTLY USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES
1. The Parties shall take the measures they deem appropriate to prevent diversion of substancesin Table I and Table II used for the purpose of illicit manufacture of narcotic drugs orpsychotropic substances, and shall co-operate with one another to this end.
2. If a Party or the Board has information which in its opinion may require the inclusion of asubstance in Table I or Table II, it shall notify the Secretary-General and furnish him with theinformation in support of that notification. The procedure described in paragraphs 2 to 7 of thisarticle shall also apply when a Party or the Board has information justifying the deletion of asubstance from Table I or Table II, or the transfer of a substance from one Table to the other.
3. The Secretary-General shall transmit such notification, and any information which heconsiders relevant, to the Parties, to the Commission, and, where notification is made by a Party,to the Board. The Parties shall communicate their comments concerning the notification to theSecretary-General, together with all supplementary information which may assist the Board inestablishing an assessment and the Commission in reaching a decision.
4. If the Board, taking into account the extent, importance and diversity of the licit use of thesubstance, and the possibility and ease of using alternate substances both for licit purposes andfor the illicit manufacture of narcotic drugs or psychotropic substances, finds:
(a) That the substance is frequently used in the illicit manufacture of a narcotic drug orpsychotropic substance;
(b) That the volume and extent of the illicit manufacture of a narcotic drug orpsychotropic substance creates serious public health or social problems, so as to warrantinternational action, it shall communicate to the Commission an assessment of thesubstance, including the likely effect of adding the substance to either Table I or Table IIon both licit use and illicit manufacture, together with recommendations of monitoringmeasures, if any, that would be appropriate in the light of its assessment.
5. The Commission, taking into account the comments submitted by the Parties and thecomments and recommendations of the Board, whose assessment shall be determinative as toscientific matters, and also taking into due consideration any other relevant factors, may decideby a two-thirds majority of its members to place a substance in Table I or Table II.
6. Any decision of the Commission taken pursuant to this article shall be communicated by theSecretary-General to all States and other entities which are, or which are entitled to become,Parties to this Convention, and to the Board. Such decision shall become fully effective withrespect to each Party one hundred and eighty days after the date of such communication.
7. (a) The decisions of the Commission taken under this article shall be subject to review by theCouncil upon the request of any Party filed within one hundred and eighty days after the date ofnotification of the decision. The request for review shall be sent to the Secretary-General,together with all relevant information upon which the request for review is based.
(b) The Secretary-General shall transmit copies of the request for review and the relevantinformation to the Commission, to the Board and to all the Parties, inviting them to
submit their comments within ninety days. All comments received shall be submitted tothe Council for consideration.
(c) The Council may confirm or reverse the decision of the Commission. Notification ofthe Council's decision shall be transmitted to all States and other entities which are, orwhich are entitled to become, Parties to this Convention, to the Commission and to theBoard.
8. (a) Without prejudice to the generality of the provisions contained in paragraph 1 of thisarticle and the provisions of the 1961 Convention, the 1961 Convention as amended and the1971 Convention, the Parties shall take the measures they deem appropriate to monitor themanufacture and distribution of substances in Table I and Table II which are carried out withintheir territory.
(i) Control all persons and enterprises engaged in the manufacture and distributionof such substances;
(ii) Control under licence the establishment and premises in which suchmanufacture or distribution may take place;
(iii) Require that licensees obtain a permit for conducting the aforesaid operations
(iv) Prevent the accumulation of such substances in the possession ofmanufacturers and distributors, in excess of the quantities required for the normalconduct of business and the prevailing market conditions.
9. Each Party shall, with respect to substances in Table I and Table II, take the followingmeasures:
(a) Establish and maintain a system to monitor international trade in substances in Table Iand Table II in order to facilitate the identification of suspicious transactions. Suchmonitoring systems shall be applied in close co-operation with manufacturers, importers,exporters, wholesalers and retailers, who shall inform the competent authorities ofsuspicious orders and transactions.
(b) Provide for the seizure of any substance in Table I or Table II if there is sufficientevidence that it is for use in the illicit manufacture of a narcotic drug or psychotropicsubstance.
(c) Notify, as soon as possible, the competent authorities and services of the Partiesconcerned if there is reason to believe that the import, export or transit of a substance inTable I or Table II is destined for the illicit manufacture of narcotic drugs or psychotropicsubstances, including in particular information about the means of payment and any otheressential elements which led to that belief.
(d) Require that imports and exports be properly labelled and documented. Commercialdocuments such as invoices, cargo manifests, customs, transport and other shippingdocuments shall include the names, as stated in Table I or Table II, of the substancesbeing imported or exported, the quantity being imported or exported, and the name andaddress of the exporter, the importer and, when available, the consignee.
(e) Ensure that documents referred to in subparagraph (d) of this paragraph aremaintained for a period of not less than two years and may be made available forinspection by the competent authorities.
10. (a) In addition to the provisions of paragraph 9, and upon request to the Secretary-General bythe interested Party, each Party from whose territory a substance in Table I is to be exported shallensure that, prior to such export, the following information is supplied by its competentauthorities of the competent authorities of the importing country:
(i) Name and address of the exporter and importer and, when available, theconsignee;
(iii) Quantity of the substance to be exported;
(iv) Expected point of entry and expected date of dispatch;
(v) Any other information which is mutually agreed upon by the Parties.
(b) A Party may adopt more strict or severe measures of control than those provided bythis paragraph if, in its opinion, such measures are desirable or necessary.
11. Where a Party furnishes information to another Party in accordance with paragraphs 9 and 10of this article, the Party furnishing such information may require that the Party receiving it keepconfidential any trade, business, commercial or professional secret or trade process.
12. Each Party shall furnish annually to the Board, in the form and manner provided for by it andon forms made available by it, information on:
(a) The amounts seized of substances in Table I and Table II and, when known, theirorigin;
(b) Any substance not included in Table I or Table II which is identified as having beenused in illicit manufacture of narcotic drugs or psychotropic substances, and which isdeemed by the Party to be sufficiently significant to be brought to the attention of theBoard;
(c) Methods of diversion and illicit manufacture.
13. The Board shall report annually to the Commission on the implementation of this article andthe Commission shall periodically review the adequacy and propriety of Table I and Table II.
14. The provisions of this article shall not apply to pharmaceutical preparations, nor to otherpreparations containing substances in Table I or Table II that are compounded in such a way thatsuch substances cannot be easily used or recovered by readily applicable means. Article 13 MATERIALS AND EQUIPMENT
The Parties shall take such measures as they deem appropriate to prevent trade in and thediversion of materials and equipment for illicit production or manufacture of narcotic drugs andpsychotropic substances and shall co-operate to this end. Article 14 MEASURES TO ERADICATE ILLICIT CULTIVATION OF NARCOTIC PLANTS AND TO ELIMINATE ILLICIT DEMAND FOR NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
1. Any measures taken pursuant to this Convention by Parties shall not be less stringent than theprovisions applicable to the eradication of illicit cultivation of plants containing narcotic andpsychotropic substances and to the elimination of illicit demand for narcotic drugs andpsychotropic substances under the provisions of the 1961 Convention, the 1961 Convention asamended and the 1971 Convention.
2. Each Party shall take appropriate measures to prevent illicit cultivation of and to eradicateplants containing narcotic or psychotropic substances, such as opium poppy, coca bush andcannabis plants, cultivated illicitly in its territory. The measures adopted shall respectfundamental human rights and shall take due account of traditional licit uses, where there ishistoric evidence of such use, as well as the protection of the environment.
3. (a) The Parties may co-operate to increase the effectiveness of eradication efforts. Such co-operation may, inter alia, include support, when appropriate, for integrated rural developmentleading to economically viable alternatives to illicit cultivation. Factors such as access tomarkets, the availability of resources and prevailing socio-economic conditions should be takeninto account before such rural development programmes are implemented. The Parties may agreeon any other appropriate measures of co-operation.
(b) The Parties shall also facilitate the exchange of scientific and technical informationand the conduct of research concerning eradication.
(c) Whenever they have common frontiers, the Parties shall seek to co-operate ineradication programmes in their respective areas along those frontiers.
4. The Parties shall adopt appropriate measures aimed at eliminating or reducing illicit demandfor narcotic drugs and psychotropic substances, with a view to reducing human suffering andeliminating financial incentives for illicit traffic. These measures may be based, inter alia, on therecommendations of the United Nations, specialized agencies of the United Nations such as theWorld Health Organization, and other competent international organizations, and on theComprehensive Multidisciplinary Outline adopted by the International Conference on DrugAbuse and Illicit Trafficking, held in 1987, as it pertains to governmental and non-governmentalagencies and private efforts in the fields of prevention, treatment and rehabilitation. The Partiesmay enter into bilateral or multilateral agreements or arrangements aimed at eliminating orreducing illicit demand for narcotic drugs and psychotropic substances.
5. The Parties may also take necessary measures for early destruction or lawful disposal of thenarcotic drugs, psychotropic substances and substances in Table I and Table II which have beenseized or confiscated and for the admissibility as evidence of duly certified necessary quantitiesof such substances. Article 15 COMMERCIAL CARRIERS
1. The Parties shall take appropriate measures to ensure that means of transport operated bycommercial carriers are not used in the commission of offences established in accordance witharticle 3, paragraph 1; such measures may include special arrangements with commercialcarriers.
2. Each Party shall require commercial carriers to take reasonable precautions to prevent the useof their means of transport for the commission of offences established in accordance with article3, paragraph 1. Such precautions may include:
(a) If the principal place of business of a commercial carrier is within the territory of theParty:
(i) Training of personnel to identify suspicious consignments or persons;
(ii) Promotion of integrity of personnel;
(b) If a commercial carrier is operating within the territory of the Party:
(i) Submission of cargo manifests in advance, whenever possible;
(ii) Use of tamper-resistant, individually verifiable seals on containers;
(iii) Reporting to the appropriate authorities at the earliest opportunity allsuspicious circumstances that may be related to the commission of offencesestablished in accordance with article 3, paragraph 1.
3. Each Party shall seek to ensure that commercial carriers and the appropriate authorities atpoints of entry and exit and other customs control areas co-operate, with a view to preventingunauthorized access to means of transport and cargo and to implementing appropriate securitymeasures. Article 16 COMMERCIAL DOCUMENTS AND LABELLING OF EXPORTS
1. Each Party shall require that lawful exports of narcotic drugs and psychotropic substances beproperly documented. In addition to the requirements for documentation under article 31 of the1961 Convention, article 31 of the 1961 Convention as amended and article 12 of the 1971Convention, commercial documents such as invoices, cargo manifests, customs, transport andother shipping documents shall include the names of the narcotic drugs and psychotropicsubstances being exported as set out in the respective Schedules of the 1961 Convention, the1961 Convention as amended and the 1971 Convention, the quantity being exported, and thename and address of the exporter, the importer and, when available, the consignee.
2. Each Party shall require that consignments of narcotic drugs and psychotropic substancesbeing exported be not mislabelled. Article 17 ILLICIT TRAFFIC BY SEA
1. The Parties shall co-operate to the fullest extent possible to suppress illicit traffic by sea, inconformity with the international law of the sea.
2. A Party which has reasonable grounds to suspect that a vessel flying its flag or not displayinga flag or marks of registry is engaged in illicit traffic may request the assistance of other Partiesin suppressing its use for that purpose. The Parties so requested shall render such assistancewithin the means available to them.
3. A Party which has reasonable grounds to suspect that a vessel exercising freedom ofnavigation in accordance with international law and flying the flag or displaying marks ofregistry of another Party is engaged in illicit traffic may so notify the flag State, requestconfirmation of registry and, if confirmed, request authorization from the flag State to takeappropriate measures in regard to that vessel.
4. In accordance with paragraph 3 or in accordance with treaties in force between them or inaccordance with any agreement or arrangement otherwise reached between those Parties, the flagState may authorize the requesting State to, inter alia:
(c) If evidence of involvement in illicit traffic is found, take appropriate action withrespect to the vessel, persons and cargo on board.
5. Where action is taken pursuant to this article, the Parties concerned shall take due account ofthe need not to endanger the safety of life at sea, the security of the vessel and the cargo or toprejudice the commercial and legal interests of the flag State or any other interested State.
6. The flag State may, consistent with its obligations in paragraph 1 of this article, subject itsauthorization to conditions to be mutually agreed between it and the requesting Party, includingconditions relating to responsibility.
7. For the purposes of paragraphs 3 and 4 of this article, a Party shall respond expeditiously to arequest from another Party to determine whether a vessel that is flying its flag is entitled to do so,and to requests for authorization made pursuant to paragraph 3. At the time of becoming a Partyto this Convention, each Party shall designate an authority or, when necessary, authorities toreceive and respond to such requests. Such designation shall be notified through the Secretary-General to all other Parties within one month of the designation.
8. A Party which has taken any action in accordance with this article shall promptly inform theflag State concerned of the results of that action.
9. The Parties shall consider entering into bilateral or regional agreements or arrangements tocarry out, or to enhance the effectiveness of, the provisions of this article.
10. Action pursuant to paragraph 4 of this article shall be carried out only by warships or militaryaircraft, or other ships or aircraft clearly marked and identifiable as being on government serviceand authorized to that effect.
11. Any action taken in accordance with this article shall take due account of the need not tointerfere with or affect the rights and obligations and the exercise of jurisdiction of coastal Statesin accordance with the international law of the sea. Article 18 FREE TRADE ZONES AND FREE PORTS
1. The Parties shall apply measures to suppress illicit traffic in narcotic drugs, psychotropicsubstances and substances in Table I and Table II in free trade zones and in free ports that are noless stringent than those applied in other parts of their territories.
(a) To monitor the movement of goods and persons in free trade zones and free ports,and, to that end, shall empower the competent authorities to search cargoes and incomingand outgoing vessels, including pleasure craft and fishing vessels, as well as aircraft andvehicles and, when appropriate, to search crew members, passengers and their baggage;
(b) To establish and maintain a system to detect consignments suspected of containingnarcotic drugs, psychotropic substances and substances in Table I and Table II passinginto or out of free trade zones and free ports;
(c) To establish and maintain surveillance systems in harbour and dock areas and atairports and border control points in free trade zones and free ports. Article 19 THE USE OF THE MAILS
1. In conformity with their obligations under the Conventions of the Universal Postal Union, andin accordance with the basic principles of their domestic legal systems, the Parties shall adoptmeasures to suppress the use of the mails for illicit traffic and shall co-operate with one anotherto that end.
2. The measures referred to in paragraph 1 of this article shall include, in particular:
(a) Co-ordinated action for the prevention and repression of the use of the mails for illicittraffic;
(b) Introduction and maintenance by authorized law enforcement personnel ofinvestigative and control techniques designed to detect illicit consignments of narcoticdrugs, psychotropic substances and substances in Table I and Table II in the mails;
(c) Legislative measures to enable the use of appropriate means to secure evidencerequired for judicial proceedings. Article 20 INFORMATION TO BE FURNISHED BY THE PARTIES
1. The Parties shall furnish, through the Secretary-General, information to the Commission onthe working of this Convention in their territories and, in particular:
(a) The text of laws and regulations promulgated in order to give effect to theConvention;
(b) Particulars of cases of illicit traffic within their jurisdiction which they considerimportant because of new trends disclosed, the quantities involved, the sources fromwhich the substances are obtained, or the methods employed by persons so engaged.
2. The Parties shall furnish such information in such a manner and by such dates as theCommission may request. Article 21 FUNCTIONS OF THE COMMISSION
The Commission is authorized to consider all matters pertaining to the aims of this Conventionand, in particular:
(a) The Commission shall, on the basis of the information submitted by the Parties inaccordance with article 20, review the operation of this Convention;
(b) The Commission may make suggestions and general recommendations based on theexamination of the information received from the Parties;
(c) The Commission may call the attention of the Board to any matters which may berelevant to the functions of the Board;
(d) The Commission shall, on any matter referred to it by the Board under article 22,paragraph 1(b), take such action as it deems appropriate;
(e) The Commission may, in conformity with the procedures laid down in article 12,amend Table I and Table II;
(f) The Commission may draw the attention of non-Parties to decisions andrecommendations which it adopts under this Convention, with a view to their consideringtaking action in accordance therewith. Article 22 FUNCTIONS OF THE BOARD
1. Without prejudice to the functions of the Commission under article 21, and without prejudiceto the functions of the Board and the Commission under the 1961 Convention, the 1961Convention as amended and the 1971 Convention:
(a) If, on the basis of its examination of information available to it, to the Secretary-General or to the Commission, or of information communicated by United Nationsorgans, the Board has reason to believe that the aims of this Convention in matters relatedto its competence are not being met, the Board may invite a Party or Parties to furnishany relevant information;
(b) With respect to articles 12, 13 and 16:
(i) After taking action under subparagraph (a) of this article, the Board, if satisfiedthat it is necessary to do so, may call upon the Party concerned to adopt suchremedial measures as shall seem under the circumstances to be necessary for theexecution of the provisions of articles 12, 13 and 16;
(ii) Prior to taking action under (iii) below, the Board shall treat as confidential itscommunications with the Party concerned under the preceding subparagraphs;
(iii) If the Board finds that the Party concerned has not taken remedial measureswhich it has been called upon to take under this subparagraph, it may call theattention of the Parties, the Council and the Commission to the matter. Any reportpublished by the Board under this subparagraph shall also contain the views of theParty concerned if the latter so requests.
2. Any Party shall be invited to be represented at a meeting of the Board at which a question ofdirect interest to it is to be considered under this article.
3. If in any case a decision of the Board which is adopted under this article is not unanimous, theviews of the minority shall be stated.
4. Decisions of the Board under this article shall be taken by a two-thirds majority of the wholenumber of the Board.
5. In carrying out its functions pursuant to subparagraph 1(a) of this article, the Board shallensure the confidentiality of all information which may come into its possession.
6. The Board's responsibility under this article shall not apply to the implementation of treaties oragreements entered into between Parties in accordance with the provisions of this Convention.
7. The provisions of this article shall not be applicable to disputes between Parties falling underthe provisions of article 32. Article 23 REPORTS OF THE BOARD
1. The Board shall prepare an annual report on its work containing an analysis of the informationat its disposal and, in appropriate cases, an account of the explanations, if any, given by orrequired of Parties, together with any observations and recommendations which the Boarddesires to make. The Board may make such additional reports as it considers necessary. Thereports shall be submitted to the Council through the Commission which may make suchcomments as it sees fit.
2. The reports of the Board shall be communicated to the Parties and subsequently published bythe Secretary-General. The Parties shall permit their unrestricted distribution. Article 24 APPLICATION OF STRICTER MEASURES THAN THOSE REQUIRED BY THIS CONVENTION
A Party may adopt more strict or severe measures than those provided by this Convention if, inits opinion, such measures are desirable or necessary for the prevention or suppression of illicittraffic. Article 25 NON-DEROGATION FROM EARLIER TREATY RIGHTS AND OBLIGATIONS
The provisions of this Convention shall not derogate from any rights enjoyed or obligationsundertaken by Parties to this Convention under the 1961 Convention, the 1961 Convention asamended and the 1971 Convention. Article 26 SIGNATURE
This Convention shall be open for signature at the United Nations Office at Vienna, from 20December 1988 to 28 February 1989, and thereafter at the Headquarters of the United Nations atNew York, until 20 December 1989, by:
(b) Namibia, represented by the United Nations Council for Namibia;
(c) Regional economic integration organizations which have competence in respect of thenegotiation, conclusion and application of international agreements in matters covered bythis Convention, references under the Convention to Parties, States or national servicesbeing applicable to these organizations within the limits of their competence. Article 27 RATIFICATION, ACCEPTANCE, APPROVAL OR ACT OF FORMAL CONFIRMATION
1. This Convention is subject to ratification, acceptance or approval by States and by Namibia,represented by the United Nations Council for Namibia, and to acts of formal confirmation byregional economic integration organizations referred to in article 26, subparagraph (c). Theinstruments of ratification, acceptance or approval and those relating to acts of formalconfirmation shall be deposited with the Secretary-General.
2. In their instruments of formal confirmation, regional economic integration organizations shalldeclare the extent of their competence with respect to the matters governed by this Convention.
These organizations shall also inform the Secretary-General of any modification in the extent oftheir competence with respect to the matters governed by the Convention. Article 28 ACCESSION
1. This Convention shall remain open for accession by any State, by Namibia, represented by theUnited Nations Council for Namibia, and by regional economic integration organizationsreferred to in article 26, subparagraph (c). Accession shall be effected by the deposit of aninstrument of accession with the Secretary-General.
2. In their instruments of accession, regional economic integration organizations shall declare theextent of their competence with respect to the matters governed by this Convention. Theseorganizations shall also inform the Secretary-General of any modification in the extent of theircompetence with respect to the matters governed by the Convention. Article 29 ENTRY INTO FORCE
1. This Convention shall enter into force on the ninetieth day after the date of the deposit withthe Secretary-General of the twentieth instrument of ratification, acceptance, approval oraccession by States or by Namibia, represented by the Council for Namibia.
2. For each State or for Namibia, represented by the Council for Namibia, ratifying, accepting,approving or acceding to this Convention after the deposit of the twentieth instrument ofratification, acceptance, approval or accession, the Convention shall enter into force on theninetieth day after the date of the deposit of its instrument of ratification, acceptance, approval oraccession.
3. For each regional economic integration organization referred to in article 26, subparagraph (c)depositing an instrument relating to an act of formal confirmation or an instrument of accession,this Convention shall enter into force on the ninetieth day after such deposit, or at the date theConvention enters into force pursuant to paragraph 1 of this article, whichever is later. Article 30 DENUNCIATION
1. A Party may denounce this Convention at any time by a written notification addressed to theSecretary-General.
2. Such denunciation shall take effect for the Party concerned one year after the date of receipt ofthe notification by the Secretary-General. Article 31 AMENDMENTS
1. Any Party may propose an amendment to this Convention. The text of any such amendmentand the reasons therefor shall be communicated by that Party to the Secretary-General, who shallcommunicate it to the other Parties and shall ask them whether they accept the proposedamendment. If a proposed amendment so circulated has not been rejected by any Party withintwenty-four months after it has been circulated, it shall be deemed to have been accepted andshall enter into force in respect of a Party ninety days after that Party has deposited with theSecretary-General an instrument expressing its consent to be bound by that amendment.
2. If a proposed amendment has been rejected by any Party, the Secretary-General shall consultwith the Parties and, if a majority so requests, he shall bring the matter, together with anycomments made by the Parties, before the Council which may decide to call a conference inaccordance with Article 62, paragraph 4, of the Charter of the United Nations. Any amendmentresulting from such a conference shall be embodied in a Protocol of Amendment. Consent to bebound by such a Protocol shall be required to be expressed specifically to the Secretary-General. Article 32 SETTLEMENT OF DISPUTES
1. If there should arise between two or more Parties a dispute relating to the interpretation orapplication of this Convention, the Parties shall consult together with a view to the settlement ofthe dispute by negotiation, enquiry, mediation, conciliation, arbitration, recourse to regionalbodies, judicial process or other peaceful means of their own choice.
2. Any such dispute which cannot be settled in the manner prescribed in paragraph 1 of thisarticle shall be referred, at the request of any one of the States Parties to the dispute, to theInternational Court of Justice for decision.
3. If a regional economic integration organization referred to in article 26, subparagraph (c) is aParty to a dispute which cannot be settled in the manner prescribed in paragraph 1 of this article,it may, through a State Member of the United Nations, request the Council to request an advisoryopinion of the International Court of Justice in accordance with Article 65 of the Statute of theCourt, which opinion shall be regarded as decisive.
4. Each State, at the time of signature or ratification, acceptance or approval of this Conventionor accession thereto, or each regional economic integration organization, at the time of signatureor deposit of an act of formal confirmation or accession, may declare that it does not consideritself bound by paragraphs 2 and 3 of this article. The other Parties shall not be bound byparagraphs 2 and 3 with respect to any Party having made such a declaration.
5. Any Party having made a declaration in accordance with paragraph 4 of this article may at anytime withdraw the declaration by notification to the Secretary-General. Article 33 AUTHENTIC TEXTS
The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention are equallyauthentic. Article 34 DEPOSITARY
The Secretary-General shall be the depositary of this Convention.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed thisConvention.
DONE AT VIENNA, in one original, this twentieth day of December one thousand nine hundredand eighty-eight. Revised Tables including the amendments made by the Commission on Narcotic Drugs in force as of 23 November 1992 Table I Table II
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