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United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
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competent authorit
[
Global Index
]
ARTICLE-1
[
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]
... (f) "
Confiscation
", which includes forfeiture where applicable, means the
permanent
deprivation
of
property
by
order
of a
court
or other
competent authority
; ...
... (g) "
Controlled delivery
" means the
technique
of allowing
illicit
or suspect
consignments
of
narcotic drugs
,
psychotropic substances
,
substances
in Table I and Table II annexed to this
Convention
, or
substances
substituted for them, to pass out of, through or into the
territory
of one or more
countries
, with the
knowledge
and under the
supervision
of their
competent authorities
, with a
view
to
identifying
persons
involved in the
commission
of
offences
established
in
accordance
with
article
3
, paragraph 1 of the
Convention
; ...
... (l) "
Freezing
" or "
seizure
" means temporarily
prohibiting
the
transfer
,
conversion
,
disposition
or
movement
of
property
or temporarily assuming
custody
or
control
of
property
on the basis of an
order
issued by a
court
or a
competent authority
; ...
ARTICLE-3
[
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]
... 5. The
Parties
shall ensure that their
courts
and other
competent authorities
having
jurisdiction
can take into
account
factual circumstances
which make the
commission
of the
offences
established
in
accordance
with paragraph 1 of this
article
particularly
serious
, such as: ...
... 7. The
Parties
shall ensure that their
courts
or other
competent authorities
bear in
mind
the
serious
nature
of the
offences
enumerated in paragraph 1 of this
article
and the
circumstances
enumerated in paragraph 5 of this
article
when considering the eventuality of early
release
or
parole
of
persons
convicted
of such
offences
. ...
ARTICLE-5
[
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]
... 2. Each
Party
shall also
adopt
such
measures
as may be necessary to enable its
competent authorities
to
identify
,
trace
, and
freeze
or
seize
proceeds,
property
,
instrumentalities
or any other things referred to in paragraph 1 of this
article
, for the
purpose
of eventual
confiscation
. ...
... 3. In
order
to carry out the
measures
referred to in this
article
, each
Party
shall empower its
courts
or other
competent authorities
to
order
that
bank
,
financial
or
commercial
records
be made available or be seized. A
Party
shall not
decline
to
act
under the
provisions
of this paragraph on the ground of
bank secrecy
. ...
... (i) Submit the
request
to its
competent authorities
for the
purpose
of obtaining an
order
of
confiscation
and, if such
order
is
granted
, give
effect
to it; or ...
... (ii) Submit to its
competent authorities
, with a
view
to giving
effect
to it to the
extent
requested, an
order
of
confiscation
issued by the requesting
Party
in
accordance
with paragraph l of this
article
, in so far as it relates to proceeds,
property
,
instrumentalities
or any other things referred to in paragraph l situated in the
territory
of the requested
Party
. ...
ARTICLE-6
[
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]
... 6. In considering
requests
received
pursuant to this
article
, the requested
State
may
refuse
to comply with such
requests
where there are substantial grounds leading its
judicial
or other
competent authorities
to believe that
compliance
would
facilitate
the
prosecution
or
punishment
of any
person
on
account
of his
race
,
religion
,
nationality
or
political opinions
, or would cause
prejudice
for any of those
reasons
to any
person
affected
by the
request
. ...
... (a) If it does not
extradite
him in
respect
of an
offence
established
in
accordance
with
article
3
, paragraph 1, on the grounds set forth in
article
4
, paragraph 2, subparagraph (a), submit the
case
to its
competent authorities
for the
purpose
of
prosecution
, unless otherwise
agreed
with the requesting
Party
; ...
... (b) If it does not
extradite
him in
respect
of such an
offence
and has
established
its
jurisdiction
in
relation
to that
offence
in
accordance
with
article
4
, paragraph 2, subparagraph (b), submit the
case
to its
competent authorities
for the
purpose
of
prosecution
, unless otherwise requested by the requesting
Party
for the
purposes
of
preserving
its
legitimate
jurisdiction
. ...
ARTICLE-7
[
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]
... 8.
Parties
shall
designate
an
authority
, or when necessary
authorities
, which shall have the
responsibility
and
power
to execute
requests
for
mutual legal assistance
or to transmit them to the
competent authorities
for
execution
. The
authority
or the
authorities
designated
for this
purpose
shall be notified to the
Secretary-General
.
Transmission
of
requests
for
mutual legal assistance
and any
communication
related thereto shall be effected between the
authorities
designated
by the
Parties
; this
requirement
shall be without
prejudice
to the
right
of a
Party
to require that such
requests
and communications be addressed to it through the
diplomatic channel
and, in
urgent
circumstances
, where the
Parties
agree
, through
channels
of the
International Criminal Police Organization
, if possible. ...
ARTICLE-12
[
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]
... (a)
Establish
and maintain a
system
to
monitor
international trade
in
substances
in Table I and Table II in
order
to
facilitate
the
identification
of
suspicious transactions
. Such
monitoring systems
shall be applied in close
co-operation
with
manufacturers
,
importers
,
exporters
,
wholesalers
and
retailers
, who shall inform the
competent authorities
of
suspicious orders
and
transactions
. ...
... (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
. ...
... (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
. ...
... (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
: ...
... (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
: ...
ARTICLE-18
[
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]
... (a) To
monitor
the
movement
of
goods
and
persons
in
free trade zones
and
free ports
, and, to that end, shall empower the
competent authorities
to
search
cargoes and incoming and outgoing
vessels
,
including
pleasure
craft
and
fishing vessels
, as well as
aircraft
and
vehicles
and, when appropriate, to
search
crew members
,
passengers
and their
baggage
; ...
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