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United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
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PREAMBLE
[
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]
... Recognizing the need to reinforce and
supplement
the
measures
provided in the
Single Convention on Narcotic Drugs
, 1961, that
Convention
as amended by the 1972
Protocol Amending the Single Convention on Narcotic Drugs
, 1961, and the 1971
Convention
on
Psychotropic Substances
, in
order
to counter the
magnitude
and
extent
of
illicit traffic
and its
grave
consequences
, ...
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
; ...
... (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-5
[
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]
... 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
. ...
... 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 ...
... (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
. ...
... (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
; ...
... (ii) In the
case
of a
request
pertaining to subparagraph (a)(ii), a legally admissible
copy
of an
order
of
confiscation
issued by the requesting
Party
upon which the
request
is based, a
statement
of the
facts
and
information
as to the
extent
to which the
execution
of the
order
is requested; ...
... (ii) In the
case
of a
request
pertaining to subparagraph (a)(ii), a legally admissible
copy
of an
order
of
confiscation
issued by the requesting
Party
upon which the
request
is based, a
statement
of the
facts
and
information
as to the
extent
to which the
execution
of the
order
is requested; ...
ARTICLE-6
[
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]
... 3. If a
Party
which makes
extradition
conditional on the existence of a
treaty
receives a
request for extradition
from another
Party
with which it has no
extradition
treaty
, it may consider this
Convention
as the
legal basis for extradition
in
respect
of any
offence
to which this
article
applies. The
Parties
which require detailed
legislation
in
order
to use this
Convention
as a
legal basis for extradition
shall consider enacting such
legislation
as may be necessary. ...
... 12. The
Parties
may consider entering into
bilateral
or
multilateral agreements
, whether
ad hoc
or
general
, on the
transfer
to their
country
of
persons
sentenced
to
imprisonment
and other forms of
deprivation of liberty
for
offences
to which this
article
applies, in
order
that they may complete their
sentences
there. ...
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
. ...
... (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-20
[
go to this ARTICLE
]
... (a) The text of
laws
and
regulations
promulgated in
order
to give
effect
to the
Convention
; ...
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