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United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
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law
[
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]
ARTICLE-2
[
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]
... 3. A
Party
shall not
undertake
in the
territory
of another
Party
the
exercise of jurisdiction
and
performance
of functions which are
exclusively
reserved for the
authorities
of that other
Party
by its
domestic law
. ...
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
: ...
... 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
. ...
... (h)
Prior conviction
, particularly for similar
offences
, whether
foreign
or
domestic
, to the
extent
permitted under the
domestic law
of a
Party
. ...
... 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
. ...
... 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
. ...
... 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
. ...
... 11. Nothing contained in this
article
shall
affect
the
principle
that the
description
of the
offences
to which it refers and of
legal defences
thereto is reserved to the
domestic law
of a
Party
and that such
offences
shall be
prosecuted
and punished in
conformity
with that
law
. ...
... 11. Nothing contained in this
article
shall
affect
the
principle
that the
description
of the
offences
to which it refers and of
legal defences
thereto is reserved to the
domestic law
of a
Party
and that such
offences
shall be
prosecuted
and punished in
conformity
with that
law
. ...
ARTICLE-4
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]
... (ii) The
offence
is committed on
board
a
vessel
flying its
flag
or an
aircraft
which is
registered
under its
laws
at the
time
the
offence
is committed; ...
... (i) That the
offence
has been committed in its
territory
or on
board
a
vessel
flying its
flag
or an
aircraft
which was
registered
under its
law
at the
time
the
offence
was committed; or ...
... 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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]
... (c) The
decisions
or
actions
provided for in subparagraphs (a) and (b) of this paragraph shall be taken by the requested
Party
, in
accordance
with and
subject
to the
provisions
of its
domestic law
and its procedural
rules
or any
bilateral
or
multilateral treaty
,
agreement
or
arrangement
to which it may be bound in
relation
to the requesting
Party
. ...
... (i) In the
case
of a
request
pertaining to subparagraph (a)(i) of this paragraph, a
description
of the
property
to be
confiscated
and a
statement
of the
facts
relied upon by the requesting
Party
sufficient to enable the requested
Party
to
seek
the
order
under its
domestic law
; ...
... (e) Each
Party
shall furnish to the
Secretary-General
the text of any of its
laws
and
regulations
which give
effect
to this paragraph and the text of any
subsequent
changes
to such
laws
and
regulations
. ...
... (e) Each
Party
shall furnish to the
Secretary-General
the text of any of its
laws
and
regulations
which give
effect
to this paragraph and the text of any
subsequent
changes
to such
laws
and
regulations
. ...
... (a) Proceeds or
property
confiscated
by a
Party
pursuant to paragraph 1 or paragraph 4 of this
article
shall be disposed of by that
Party
according to its
domestic law
and
administrative
procedures
. ...
... (ii)
Sharing
with other
Parties
, on a
regular
or
case
-by-
case
basis, such proceeds or
property
, or
funds
derived from the
sale
of such proceeds or
property
, in
accordance
with its
domestic law
,
administrative
procedures
or
bilateral
or
multilateral agreements
entered
into for this
purpose
. ...
... 7. Each
Party
may consider ensuring that the onus of
proof
be reversed regarding the
lawful
origin
of alleged proceeds or other
property
liable
to
confiscation
, to the
extent
that such
action
is consistent with the
principles
of its
domestic law
and with the
nature
of the
judicial
and other
proceedings
. ...
... 9. Nothing contained in this
article
shall
affect
the
principle
that the
measures
to which it refers shall be defined and
implemented
in
accordance
with and
subject
to the
provisions
of the
domestic law
of a
Party
. ...
ARTICLE-6
[
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]
... 5.
Extradition
shall be
subject
to the
conditions
provided for by the
law
of the requested
Party
or by applicable
extradition
treaties
,
including
the grounds upon which the requested
Party
may
refuse
extradition
. ...
... 8.
Subject
to the
provisions
of its
domestic law
and its
extradition
treaties
, the requested
Party
may, upon being satisfied that the
circumstances
so
warrant
and are
urgent
, and at the
request
of the requesting
Party
, take a
person
whose
extradition
is sought and who is present in its
territory
into
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
with its
domestic law
, a
Party
in whose
territory
an alleged
offender
is found shall: ...
... 10. If
extradition
, sought for
purposes
of enforcing a
sentence
, is refused because the
person
sought is a
national
of the requested
Party
, the requested
Party
shall, if its
law
so
permits
and in
conformity
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. ...
... 10. If
extradition
, sought for
purposes
of enforcing a
sentence
, is refused because the
person
sought is a
national
of the requested
Party
, the requested
Party
shall, if its
law
so
permits
and in
conformity
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. ...
... 10. If
extradition
, sought for
purposes
of enforcing a
sentence
, is refused because the
person
sought is a
national
of the requested
Party
, the requested
Party
shall, if its
law
so
permits
and in
conformity
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. ...
ARTICLE-7
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]
... 3. The
Parties
may afford one another any other forms of
mutual legal assistance
allowed by the
domestic law
of the requested
Party
. ...
... 4. Upon
request
, the
Parties
shall
facilitate
or
encourage
, to the
extent
consistent wit their
domestic law
and
practice
, the
presence
or
availability
of
persons
,
including
persons
in
custody
, who
consent
to assist in
investigations
or
participate
in
proceedings
. ...
... 11. The requested
Party
may
request
additional
information
when it appears necessary for the
execution
of the
request
in
accordance
with its
domestic law
or when it can
facilitate
such
execution
. ...
... 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, in
accordance
with the
procedures
specified in the
request
. ...
... 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, in
accordance
with the
procedures
specified in the
request
. ...
... (c) If the
authorities
of the requested
Party
would be
prohibited
by its
domestic law
from carrying out the
action
requested with
regard
to any similar
offence
, had it been
subject
to
investigation
,
prosecution
or
proceedings
under their own
jurisdiction
; ...
ARTICLE-9
[
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]
... 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
: ...
... (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: ...
... (h)
Modern
law enforcement techniques
. ...
ARTICLE-17
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]
... 1. The
Parties
shall
co-operate
to the fullest
extent
possible to
suppress
illicit traffic
by
sea
, in
conformity
with the
international law
of the
sea
. ...
... 3. A
Party
which has
reasonable
grounds to suspect that a
vessel
exercising
freedom
of
navigation
in
accordance
with
international law
and flying the
flag
or displaying
marks
of
registry
of another
Party
is engaged in
illicit traffic
may so notify the
flag
State
,
request
confirmation
of
registry
and, if confirmed,
request
authorization
from the
flag
State
to take appropriate
measures
in
regard
to that
vessel
. ...
... 11. Any
action
taken in
accordance
with this
article
shall take
due
account
of the need not to
interfere
with or
affect
the
rights
and
obligations
and the
exercise of jurisdiction
of
coastal
States
in
accordance
with the
international law
of the
sea
. ...
ARTICLE-19
[
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]
... (b)
Introduction
and
maintenance
by
authorized
law enforcement
personnel
of
investigative
and
control techniques
designed to
detect
illicit
consignments
of
narcotic drugs
,
psychotropic substances
and
substances
in Table I and Table II in the
mails
; ...
ARTICLE-20
[
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]
... (a) The text of
laws
and
regulations
promulgated in
order
to give
effect
to the
Convention
; ...
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