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United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
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[
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ARTICLE-1
[
go to this ARTICLE
]
... (a) "
Board
" means the
International Narcotics Control Board
established
by the
Single Convention on Narcotic Drugs
, 1961, and that
Convention
as amended by the 1972
Protocol Amending the Single Convention on Narcotic Drugs
, 1961; ...
... (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
; ...
... (p) "Proceeds" means any
property
derived from or obtained, directly or
indirectly
, through the
commission
of an
offence
established
in
accordance
with
article
3
, paragraph 1; ...
ARTICLE-3
[
go to this ARTICLE
]
... 1. Each
Party
shall
adopt
such
measures
as may be necessary to
establish
as
criminal offences
under its
domestic law
, when committed
intentionally
: ...
... (i) The
conversion
or
transfer of property
, knowing that such
property
is derived from any
offence
or
offences
established
in
accordance
with subparagraph (a) of this paragraph, or from an
act
of
participation
in such
offence
or
offences
, for the
purpose
of concealing or disguising the
illicit origin of the property
or of assisting any
person
who is involved in the
commission
of such an
offence
or
offences
to evade the
legal consequences
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 such
property
is derived from an
offence
or
offences
established
in
accordance
with subparagraph (a) of this paragraph or from an
act
of
participation
in such an
offence
or
offences
; ...
... (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
in
accordance
with subparagraph (a) of this paragraph or from an
act
of
participation
in such
offence
or
offences
; ...
... (iii)
Publicly
inciting or inducing others, by any means, to commit any of the
offences
established
in
accordance
with this
article
or to use
narcotic drugs
or
psychotropic substances
illicitly
; ...
... (iv)
Participation
in,
association
or
conspiracy
to commit,
attempts
to commit and aiding, abetting, facilitating and
counselling
the
commission
of any of the
offences
established
in
accordance
with this
article
. ...
... 2.
Subject
to its
constitutional
principles
and the basic
concepts
of its
legal system
, each
Party
shall
adopt
such
measures
as may be necessary to
establish
as a
criminal offence
under its
domestic law
, when committed
intentionally
, the
possession
,
purchase
or
cultivation
of
narcotic drugs
or
psychotropic substances
for
personal
consumption
contrary
to the
provisions
of the 1961
Convention
, the 1961
Convention
as amended or the 1971
Convention
. ...
... 4. (a) Each
Party
shall make the
commission
of the
offences
established
in
accordance
with paragraph 1 of this
article
liable
to
sanctions
which take into
account
the
grave nature
of these
offences
, such as
imprisonment
or other forms of
deprivation of liberty
,
pecuniary sanctions
and
confiscation
. ...
... (b) The
Parties
may provide, in
addition
to
conviction
or
punishment
, for an
offence
established
in
accordance
with paragraph 1 of this
article
, that the
offender
shall undergo
measures
such as
treatment
,
education
,
aftercare
,
rehabilitation
or
social reintegration
. ...
... (d) The
Parties
may provide, either as an alternative to
conviction
or
punishment
, or in
addition
to
conviction
or
punishment
of an
offence
established
in
accordance
with paragraph 2 of this
article
,
measures
for the
treatment
,
education
,
aftercare
,
rehabilitation
or
social reintegration
of the
offender
. ...
... 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: ...
... 6. The
Parties
shall endeavour to ensure that any discretionary
legal powers
under their
domestic law
relating to the
prosecution
of
persons
for
offences
established
in
accordance
with this
article
are exercised to maximize the
effectiveness
of
law enforcement
measures
in
respect
of those
offences
and with
due
regard
to the need to deter the
commission
of such
offences
. ...
... 8. Each
Party
shall, where appropriate,
establish
under its
domestic law
a long
statute of limitations
period
in which to commence
proceedings
for any
offence
established
in
accordance
with paragraph 1 of this
article
, and a longer
period
where the alleged
offender
has evaded the
administration of justice
. ...
... 8. Each
Party
shall, where appropriate,
establish
under its
domestic law
a long
statute of limitations
period
in which to commence
proceedings
for any
offence
established
in
accordance
with paragraph 1 of this
article
, and a longer
period
where the alleged
offender
has evaded the
administration of justice
. ...
... 9. Each
Party
shall take appropriate
measures
, consistent with its
legal system
, to ensure that a
person
charged with or
convicted
of an
offence
established
in
accordance
with paragraph 1 of this
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
, in particular,
co-operation
under
articles
5
,
6
,
7
and
9
,
offences
established
in
accordance
with this
article
shall not be considered as
fiscal offences
or as
political offences
or regarded as politically motivated, without
prejudice
to the
constitutional limitations
and the
fundamental
domestic law
of the
Parties
. ...
ARTICLE-4
[
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]
... (a) Shall take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when: ...
... (a) Shall take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when: ...
... (b) May take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when: ...
... (b) May take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when: ...
... (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 a
view
to the
commission
, within its
territory
, of an
offence
established
in
accordance
with
article
3
, paragraph 1. ...
... (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 a
view
to the
commission
, within its
territory
, of an
offence
established
in
accordance
with
article
3
, paragraph 1. ...
... (a) Shall also take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when the alleged
offender
is present in its
territory
and it does not
extradite
him to another
Party
on the ground: ...
... (a) Shall also take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when the alleged
offender
is present in its
territory
and it does not
extradite
him to another
Party
on the ground: ...
... (b) May also take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when the alleged
offender
is present in its
territory
and it does not
extradite
him to another
Party
. ...
... (b) May also take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
it has
established
in
accordance
with
article
3
, paragraph 1, when the alleged
offender
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 a
Party
in
accordance
with its
domestic law
. ...
ARTICLE-5
[
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]
... (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 other
instrumentalities
used in or intended for use in any
manner
in
offences
established
in
accordance
with
article
3
, paragraph 1. ...
... (a) Following a
request
made pursuant to this
article
by another
Party
having
jurisdiction
over an
offence
established
in
accordance
with
article
3
, paragraph 1, the
Party
in whose
territory
proceeds,
property
,
instrumentalities
or any other things referred to in paragraph 1 of this
article
are situated shall: ...
... (b) Following a
request
made pursuant to this
article
by another
Party
having
jurisdiction
over an
offence
established
in
accordance
with
article
3
, paragraph l, the requested
Party
shall 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 the
purpose
of eventual
confiscation
to be ordered either by the requesting
Party
or, pursuant to a
request
under subparagraph (a) of this paragraph, by the requested
Party
. ...
ARTICLE-6
[
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]
... 1. This
article
shall apply to the
offences
established
by the
Parties
in
accordance
with
article
3
, paragraph 1. ...
... 9. Without
prejudice
to the
exercise
of any
criminal jurisdiction
established
in
accordance
with its
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
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
[
go to this ARTICLE
]
... 1. The
Parties
shall afford one another, pursuant to this
article
, the widest
measure
of
mutual legal assistance
in
investigations
,
prosecutions
and
judicial proceedings
in
relation
to
criminal offences
established
in
accordance
with
article
3
, paragraph 1. ...
ARTICLE-8
[
go to this ARTICLE
]
... The
Parties
shall give
consideration
to the possibility of
transferring
to one another
proceedings
for
criminal prosecution
of
offences
established
in
accordance
with
article
3
, paragraph 1, in
cases
where such
transfer
is considered to be in the
interests
of a proper
administration of justice
. ...
ARTICLE-9
[
go to this ARTICLE
]
... 1. The
Parties
shall
co-operate
closely with one another, consistent with their respective
domestic
legal
and
administrative
systems
, with a
view
to enhancing the
effectiveness
of
law enforcement
action
to
suppress
the
commission
of
offences
established
in
accordance
with
article
3
, paragraph 1. They shall, in particular, on the basis of
bilateral
or
multilateral agreements
or
arrangements
: ...
... (a)
Establish
and maintain
channels
of
communication
between their
competent
agencies
and
services
to
facilitate
the secure and rapid
exchange of information
concerning
all
aspects
of
offences
established
in
accordance
with
article
3
, paragraph 1,
including
, if the
Parties
concerned
deem it appropriate, links with other
criminal activities
; ...
... (a)
Establish
and maintain
channels
of
communication
between their
competent
agencies
and
services
to
facilitate
the secure and rapid
exchange of information
concerning
all
aspects
of
offences
established
in
accordance
with
article
3
, paragraph 1,
including
, if the
Parties
concerned
deem it appropriate, links with other
criminal activities
; ...
... (b)
Co-operate
with one another in
conducting
enquiries
, with
respect
to
offences
established
in
accordance
with
article
3
, paragraph 1, having an
international
character
,
concerning
: ...
... (i) The
identity
, whereabouts and
activities
of
persons
suspected of being involved in
offences
established
in
accordance
with
article
3
, paragraph 1; ...
... (c) In appropriate
cases
and if not
contrary
to
domestic law
,
establish
joint
teams
, taking into
account
the need to
protect
the
security
of
persons
and of
operations
, to carry out the
provisions
of this paragraph.
Officials
of any
Party
taking part in such
teams
shall
act
as
authorized
by the appropriate
authorities
of the
Party
in whose
territory
the
operation
is to take
place
; in all such
cases
, the
Parties
involved shall ensure that the
sovereignty
of the
Party
on whose
territory
the
operation
is to take
place
is
fully
respected; ...
... 2. Each
Party
shall, to the
extent
necessary, initiate, develop or
improve
specific
training programmes
for its
law enforcement
and other
personnel
,
including
customs
, charged with the
suppression
of
offences
established
in
accordance
with
article
3
, paragraph 1. Such
programmes
shall deal, in particular, with the following: ...
... (a)
Methods
used in the
detection
and
suppression
of
offences
established
in
accordance
with
article
3
, paragraph 1; ...
... (b)
Routes
and
techniques
used by
persons
suspected of being involved in
offences
established
in
accordance
with
article
3
, paragraph 1, particularly in
transit States
, and appropriate countermeasures; ...
... (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, and
instrumentalities
used or intended for use in, the
commission
of
offences
established
in
accordance
with
article
3
, paragraph 1; ...
ARTICLE-11
[
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]
... 1. If permitted by the basic
principles
of their respective
domestic legal systems
, the
Parties
shall take the necessary
measures
, within their possibilities, to allow for the appropriate use of
controlled delivery
at the
international level
, on the basis of
agreements
or
arrangements
mutually consented to, with a
view
to
identifying
persons
involved in
offences
established
in
accordance
with
article
3
, paragraph 1, and to taking
legal
action
against them. ...
ARTICLE-12
[
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]
... 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
. ...
... (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
. ...
ARTICLE-15
[
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]
... 1. The
Parties
shall take appropriate
measures
to ensure that means of
transport
operated by
commercial carriers
are not used in the
commission
of
offences
established
in
accordance
with
article
3
, paragraph 1; such
measures
may
include
special
arrangements
with
commercial carriers
. ...
... 2. Each
Party
shall require
commercial carriers
to take
reasonable
precautions
to
prevent
the use of their means of
transport
for the
commission
of
offences
established
in
accordance
with
article
3
, paragraph 1. Such
precautions
may
include
: ...
... (iii)
Reporting
to the appropriate
authorities
at the earliest
opportunity
all
suspicious
circumstances
that may be related to the
commission
of
offences
established
in
accordance
with
article
3
, paragraph 1. ...
ARTICLE-18
[
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]
... (b) To
establish
and maintain a
system
to
detect
consignments
suspected of containing
narcotic drugs
,
psychotropic substances
and
substances
in Table I and Table II passing into or out of
free trade zones
and
free ports
; ...
... (c) To
establish
and maintain
surveillance systems
in
harbour
and
dock areas
and at
airports
and
border control points
in
free trade zones
and
free ports
. ...
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