1. The
Parties shall take the
measures they deem appropriate to
prevent diversion of
substances in Table I and Table II used for the
purpose of
illicit manufacture of
narcotic drugs or
psychotropic substances, and shall
co-operate with one another to this end.
2. If a
Party or the
Board has
information which in its
opinion may require the inclusion of a
substance in Table I or Table II, it shall notify the
Secretary-General and furnish him with the
information in
support of that
notification. The
procedure described in paragraphs 2 to 7 of this
article shall also apply when a
Party or the
Board has
information justifying the deletion of a
substance from Table I or Table II, or the
transfer of a
substance from one Table to the other.
3. The
Secretary-General shall transmit such
notification, and any
information which he considers
relevant, to the
Parties, to the
Commission, and, where
notification is made by a
Party, to the
Board. The
Parties shall
communicate their comments
concerning the
notification to the
Secretary-General, together with all
supplementary information which may assist the
Board in
establishing an
assessment and the
Commission in reaching a
decision.
4. If the
Board, taking into
account the
extent, importance and
diversity of the
licit use of the
substance, and the possibility and ease of using alternate
substances both for
licit purposes and for the
illicit manufacture of
narcotic drugs or
psychotropic substances,
finds:
5. The
Commission, taking into
account the comments submitted by the
Parties and the comments and
recommendations of the
Board, whose
assessment shall be determinative as to
scientific matters, and also taking into
due consideration any other
relevant factors, may
decide by a two-thirds
majority of its
members to
place a
substance in Table I or Table II.
6. Any
decision of the
Commission taken pursuant to this
article shall be
communicated by the
Secretary-General to all
States and other
entities which are, or which are entitled to become,
Parties to this
Convention, and to the
Board. Such
decision shall become
fully effective with
respect to each
Party one hundred and eighty
days after the
date of such
communication.
7.
(a) The
decisions of the
Commission taken under this
article shall be
subject to
review by the
Council upon the
request of any
Party filed within one hundred and eighty
days after the
date of
notification of the
decision. The
request for
review shall be sent to the
Secretary-General, together with all
relevant information upon which the
request for
review is based.
(b) The
Secretary-General shall transmit
copies of the
request for
review and the
relevant information to the
Commission, to the
Board and to all the
Parties, inviting them to submit their comments within ninety
days. All comments
received shall be submitted to the
Council for
consideration.
(c) The
Council may confirm or reverse the
decision of the
Commission.
Notification of the
Council's
decision shall be transmitted to all
States and other
entities which are, or which are entitled to become,
Parties to this
Convention, to the
Commission and to the
Board.
8.
(a) Without
prejudice to the generality of the
provisions contained in paragraph 1 of this
article and the
provisions of the 1961
Convention, the 1961
Convention as amended and the 1971
Convention, the
Parties shall take the
measures they deem appropriate to
monitor the
manufacture and
distribution of
substances in Table I and Table II which are carried out within their
territory.
(b) To this end, the
Parties may:
(iii) Require that
licensees obtain a
permit for
conducting the aforesaid
operations
(iv)
Prevent the accumulation of such
substances in the
possession of
manufacturers and
distributors, in excess of the
quantities required for the
normal conduct of
business and the prevailing
market conditions.
9. Each
Party shall, with
respect to
substances in Table I and Table II, take the following
measures:
(b) Provide for the
seizure of any
substance in Table I or Table II if there is sufficient
evidence that it is for use in the
illicit manufacture of a
narcotic drug or
psychotropic substance.
(c) Notify, as soon as possible, the
competent authorities and
services of the
Parties concerned if there is
reason to believe that the
import,
export or
transit of a
substance in Table I or Table II is destined for the
illicit manufacture of
narcotic drugs or
psychotropic substances,
including in particular
information about the means of
payment and any other essential elements which led to that
belief.
(d) Require that
imports and
exports be properly
labelled and
documented.
Commercial documents such as
invoices,
cargo manifests,
customs,
transport and other
shipping documents shall
include the
names, as stated in Table I or Table II, of the
substances being imported or
exported, the
quantity being imported or
exported, and the
name and
address of the
exporter, the
importer and, when available, the
consignee.
(e) Ensure that
documents referred to in subparagraph (d) of this paragraph are maintained for a
period of not less than two
years and may be made available for
inspection by the
competent authorities.
10.
(a) In
addition to the
provisions of paragraph 9, and upon
request to the
Secretary-General by the interested
Party, each
Party from whose
territory a
substance in Table I is to be
exported shall ensure that,
prior to such
export, the following
information is supplied by its
competent authorities of the
competent authorities of the
importing country:
(i)
Name and
address of the
exporter and
importer and, when available, the
consignee;
(ii)
Name of the
substance in Table I;
(iv) Expected point of
entry and expected
date of dispatch;
(v) Any other
information which is mutually
agreed upon by the
Parties.
(b) A
Party may
adopt more strict or severe
measures of
control than those provided by this paragraph if, in its
opinion, such
measures are
desirable or necessary.
11. Where a
Party furnishes
information to another
Party in
accordance with paragraphs 9 and 10 of this
article, the
Party furnishing such
information may require that the
Party receiving it keep
confidential any
trade,
business,
commercial or
professional secret or
trade process.
12. Each
Party shall furnish annually to the
Board, in the form and
manner provided for by it and on forms made available by it,
information on:
(a) The
amounts seized of
substances in Table I and Table II and, when known, their
origin;
(b) Any
substance not
included in Table I or Table II which is
identified as having been used in
illicit manufacture of
narcotic drugs or
psychotropic substances, and which is deemed by the
Party to be sufficiently
significant to be brought to the
attention of the
Board;
13. The
Board shall
report annually to the
Commission on the
implementation of this
article and the
Commission shall periodically
review the adequacy and propriety of Table I and Table II.
14. The
provisions of this
article shall not apply to
pharmaceutical preparations, nor to other
preparations containing
substances in Table I or Table II that are compounded in such a way that such
substances cannot be easily used or recovered by readily applicable means.