Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Albania | Yes | No |
Andorra | Yes | No |
Armenia | Yes | No |
Australia | Yes | No |
Austria | Yes | No |
Azerbaijan | Yes | No |
Belgium | Yes | No |
Bosnia and Herzegovina | Yes | No |
Bulgaria | Yes | No |
Croatia | Yes | No |
Cyprus | Yes | No |
Czech Republic | Yes | No |
Denmark | Yes | No |
Estonia | Yes | No |
Finland | Yes | No |
France | Yes | No |
Georgia | Yes | No |
Germany | Yes | No |
Greece | Yes | No |
Hungary | Yes | No |
Iceland | Yes | No |
Ireland | Yes | No |
Italy | Yes | No |
Kazakhstan | Yes | No |
Latvia | Yes | No |
Liechtenstein | Yes | No |
Lithuania | Yes | No |
Luxembourg | Yes | No |
Malta | Yes | No |
Moldova | Yes | No |
Monaco | Yes | No |
Montenegro | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
North Macedonia | Yes | No |
Norway | Yes | No |
Poland | Yes | No |
Portugal | Yes | No |
Romania | Yes | No |
Russian Federation | Yes | No |
San Marino | Yes | No |
Serbia | Yes | No |
Slovakia | Yes | No |
Slovenia | Yes | No |
Spain | Yes | No |
Sweden | Yes | No |
Switzerland | Yes | No |
Türkiye | Yes | No |
Ukraine | Yes | No |
United Kingdom | Yes | No |
Albania
31-10-2001
For the purpose of Article 23 of the Convention, the responsible authority for Albania
is the Directory for the co-ordination of the fight against money laundering.
The address of this directory is:
Ministry of Finance of Albania
Rruga "Deshmoret e Kombit"
Tirana - Albania
Phone: + 355 42 486 40
Fax: + 355 42 486 40
e-mail: info@minfin.gov.al
Andorra
28-07-1999
In accordance with Article 2, paragraph 2, the Andorran State declares that paragraph
1 of Article 2 applies only to criminal offences or to categories of criminal offences
provided for in Andorran national legislation concerning the laundering of money or
values derived from crime.
In accordance with Article 6, paragraph 4, the Andorran State declares that paragraph
1 of Article 6 applies only to predicate offences or categories of such offences provided
for in Andorran national legislation concerning the laundering of money or values
derived from crime.
In accordance with Article 14, paragraph 3, the Andorran State declares that paragraph
2 of Article 14 applies only subject to its constitutional principles and the basic
concepts of the Andorran legal system.
In accordance with Article 21, paragraph 2, the Andorran State declares that service
of judicial documents can be effected only through the central authority, which is
the Administration of Justice or the President of the Batllia.
In accordance with Article 25, paragraph 3, the documents sent to the Andorran State
should be drafted in or translated into Catalan, Spanish, French or English.
In accordance with paragraph 2 of Article 32, information or evidence provided by
the Andorran State under this chapter may not, without its prior consent, be used
or transmitted by the authorities of the requesting Party in investigations or proceedings
other than those specified in the request.
In accordance with Article 23, paragraph 2, the central authority is:
Administration of Justice or the President of the "Batllia"
Edifici de les Columnes
Avinguda Tarragona
Andorra la Vella
Principat d'Andorra
Tel: 861 661
Fax: 867 661
As the legal system of Andorra contains already almost all the measures referred to
in the Convention of Strasbourg, accession to the said Convention implies for the
Andorran State only slight adaptations of its legal system which will be taken into
consideration during future legislative reforms. As concerns the respect of rights
and obligations resulting from the accession to this Convention, without relinquishing
the specific characteristics of the internal legislation, particularly concerning
the protection of individual freedoms and the rights of third parties in good faith,
and concerning the protection of the national sovereignty and the general interest,
Andorra undertakes to respect the obligations between States provided for in the Convention
of Strasbourg for the fight against the laundering of money and values derived from
crime, and to collaborate, through its judicial authorities and in the framework of
reciprocity, with the other States respecting the provisions of the Convention.
05-06-2013
According to the commitments derived from the Monetary Agreement signed between the
Principality of Andorra and the European Commission, the Government of Andorra has
decided to amend the reservation formulated with regards to Article 2, paragraph 2,
of the Convention, contained in the instrument of ratification deposited before the
Secretary General of the Council of Europe on 28 July 1999. The reservation should
now read as follows:
In accordance with Article 2, paragraph 2, the Andorran State declares that paragraph
1 of Article 2 applies only to criminal offences or to categories of criminal offences
provided for in Andorran national legislation which have a maximum penalty of loss
of liberty exceeding one year and do not constitute a tax offence.
Armenia
24-11-2003
In accordance with paragraph 2 of Article 2, the Republic of Armenia declares that
paragraph 1 of Article 2 shall apply to the following categories of crimes:
a) Crimes against Property
b) Crimes against Economic Activity
c) Crimes against Public Security
d) Crimes against Public Health
e) Crimes against the Foundations of Constitutional Order and Security of the State
f) Crimes against State service
The Republic of Armenia reserves the right of further adding other categories of criminal
activities.
In accordance with paragraph 4 of Article 6, the Republic of Armenia declares that
paragraph 1 of Article 6 of the Convention shall apply to all categories of crimes
set forth in its declaration made in accordance with paragraph 2 of Article 2.
In accordance with paragraph 3 of Article 14, the Republic of Armenia declares that
paragraph 2 of Article 14 applies only subject to its constitutional principles and
the basic concepts of its legal system.
In accordance with paragraph 3 of Article 25, the Republic of Armenia declares that
the requests and supporting documents to be sent to the Armenian authorities shall
be accompanied by a certified translation into Armenian or into one of the official
languages of the Council of Europe.
In accordance with paragraph 2 of Article 32, the Republic of Armenia declares that
information or evidence provided it under Chapter III may not, without its prior consent,
be used or transmitted by the authorities of the requesting Party in investigations
or proceedings other than those specified in the request.
In accordance with paragraph 2 of Article 23 of the Convention, the Republic of Armenia
communicates that the central authorities designated in pursuance of paragraph 1 of
Article 23 are:
a) the Ministry of Justice of the Republic of Armenia, in respect of requests for
the enforcement of judgments in force,
b) the General Prosecutor's Office of the Republic of Armenia, in respect of requests
at criminal prosecution stage.
Australia
31-07-1997
In accordance with Article 21, paragraph 2, Australia declares that judicial documents
should be served only through its central authority.
In accordance with Article 25, paragraph 3, Australia declares that it reserves the
right to require that requests made to it and documents supporting such requests be
accompagnied by a translation into English.
In accordance with Article 32, paragraph 2, Australia declares that information or
evidence provided by it under Chapter III of the Convention may not, without the prior
consent of the competent Australian authorities, be used or transmitted by the authorities
of the requesting Party in investigations or proceedings other than those specified
in the request.
The Government of Australia declares that, in accordance with Article 23, paragraph
2, the central authority of Australia designated in pursuance of Article 23, paragraph
1, is as follows:
Mutual Assistance Unit
International Branch
Criminal Law Division
Attorney-General's Department
Robert Garran Offices
National Circuit
BARTON ACT 2600
AUSTRALIA.
Austria
07-07-1997
The Republic of Austria declares in accordance with Article 6, paragraph 4, that Article
6, paragraph 1, will apply only to predicate offences which are crimes ("Verbrechen")
under Austrian penal legislation (paragraph 17 of the Austrian Penal Code).
The modalities of serving judicial documents under Article 21, paragraph 2, will be
permitted in Austria only insofar as provided for in another bilateral or multilateral
treaty.
The central authority under Article 23 is:
Bundesministerium für Justiz
Museumsstraße 7
1070 Wien
22-02-2022
The Republic of Austria ratified the Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime (ETS No. 141) on 7 July 1997 subject to a
declaration to Article 21, paragraph 2.
Following a review of this declaration, the Republic of Austria has decided to withdraw
its declaration to Article 21 of the Convention.
Azerbaijan
04-07-2003
In accordance with Article 6, paragraph 4, of the Convention, the Republic of Azerbaijan
declares that paragraph 1 of Article 6 shall apply only to the predicate offences
specified in the criminal legislation of the Republic of Azerbaijan.
In accordance with Article 14, paragraph 3, of the Convention, the Republic of Azerbaijan
declares that the provisons of Article 14, paragraph 2, of the Convention shall apply
only subject to the constitutional principles of the Republic of Azerbaijan.
In accordance with Article 21, paragraph 2, of the Convention, the Republic of Azerbaijan
declares that judicial documents shall be served through the Ministry of Justice of
the Republic of Azerbaijan.
In accordance with Article 25, paragraph 3, of the Convention, the Republic of Azerbaijan
declares that requests and documents supporting such requests shall be accompanied
by a translation into Azerbaijani or English.
In accordance with Article 32, paragraph 2, of the Convention, the Republic of Azerbaijan
declares that information or evidence provided by the Republic of Azerbaijan may not,
without its prior consent, be used or transmitted by the authorities of the requesting
Party in investigations or proceedings other than those specified in the request.
The Republic of Azerbaijan declares that it will be unable to guarantee compliance
with the provisions of the Convention in its territories occupied by the Republic
of Armenia until these territories are liberated from that occupation [...].
In accordance with Article 23, paragraph 2, of the Convention, the Republic of Azerbaijan
declares that in pursuance of paragraph 1 of this article, the Ministry of Justice
of the Republic of Azerbaijan is designated as the central authority of the Republic
of Azerbaijan. The address is:
1 Inshaatchilar Avenue, 370073 Baky, Republic of Azerbaijan.
Belgium
28-01-1998
Belgium declares that the central authority, designated in pursuance of Article 23,
paragraph 1, of the Convention, is the Ministère de la Justice, Administration de
la légalisation pénale et des droits de l''homme, Service des cas individuels en matière
de coopération judiciaire internationale, 115 Bd de Waterloo, B-1000 Bruxelles.
Bosnia and Herzegovina
30-11-2004
Bosnia and Herzegovina declares that the central authority responsible for matters
concerning the Convention is the Ministry of Bosnia and Herzegovina which, at a national
level, acts as the Ministry of Internal Affairs of Bosnia and Herzegovina:
Ministarstvo Sigurnosti Bosne i Hercegovine
(Ministry of Security of Bosnia and Herzegovina)
Minister Mr. Barisa Colak
Trg Bosne i Hercegovine br. 1
71000 Sarajevo
Bosnia and Herzegovina
Tél. and Fax: +387 33 213 623
Bulgaria
02-06-1993
In accordance with Article 14, paragraph 3 of the Convention, the Republic of Bulgaria
declares that the provisions of Article 14, paragraph 2 shall apply only subject to
its constitutional principles and the basic concepts of its legal system.
In accordance with Article 25, paragraph 3 of the Convention, the Republic of Bulgaria
declares that, for each individual case, it will require requests and supporting documents
sent to it pursuant to Article 25, paragraph 1 to be accompanied by a translation
into Bulgarian or into such one of the official languages of the Council of Europe
as it shall indicate.
In accordance with Article 32, paragraph 2 of the Convention, the Republic of Bulgaria
declares that information or evidence provided by it under Chapter III of the Convention
may not, without the prior consent of the competent Bulgarian authorities, be used
or transmitted by the requesting Party in investigations or proceedings other than
those specified in the request.
The Republic of Bulgaria declares, with regard to the application of Article 15 of
the Convention, that it proposes to conclude reciprocal agreements whereby property
to which it may have a claim and which has been confiscated by a Party to the Convention
will be returned.
Croatia
11-10-1997
The Republic of Croatia does hereby declare that the Central Authority designated in pursuance of Article 23, paragraph 1, of the Convention is the Ministry of the Interior of the Republic of Croatia, Ulica grada Vukovara 33, 10000 Zagreb.
Cyprus
15-11-1996
In accordance with paragraph 2 of Article 23 the Central Authority designated in pursuance
of paragraph 1 of this Article is:
The Ministry of Justice and Public Order, Nicosia - Cyprus.
In accordance with paragraph 3 of Article 14, paragraph 2 of this Article shall apply
only subject to its constitutional principles and the basic concepts of its legal
system.
In accordance with paragraph 2 of Article 21, judicial documents should be served
only through its Central Authority which is: The Ministry of Justice and Public Order.
In accordance with paragraph 3 of Article 25, it reserves the right to require that
requests made to it and documents supporting such requests be accompanied by a translation
into the English language which is one of the official languages of the Council of
Europe.
In accordance with paragraph 2 of Article 32, information or evidence provided by
it under this Convention may not, without its prior consent, be used or transmitted
by the authorities of the requesting Party in investigations or proceedings other
than those specified in the request.
07-11-2001
In accordance with Article 40, paragraph 2, of the Convention, the Republic of Cyprus
amends/partially withdraws the reservation made in respect of Article 2, paragraph
2, following a relevant amendment, No. 152(1)/2000 dated 17 January 2000, to the Cyprus
Prevention and Suppression of Money Laundering Activities Law No 61(1) of 1996 by
which the list of predicate offences was abolished.
The reservation now read as follows:
Confiscation measures
In accordance with Article 2, paragraph 2, of the Convention, the Republic of Cyprus
declares that paragraph 1 of this article shall apply to offences punishable with
more than one year of imprisonment.
In accordance with Article 40, paragraph 2, of the Convention, the Republic of Cyprus
amends/partially withdraws the reservation made in respect of Article 6, paragraph
4, following a relevant amendment, No. 152(1)/2000 dated 17 January 2000, to the Cyprus
Prevention and Suppression of Money Laundering Activities Law No 61(1) of 1996 by
which the list of predicate offences was abolished.
The reservation now read as follows:
Laundering Offences
In accordance with Article 6, paragraph 4, of the Convention, the Republic of Cyprus
declares that paragraph 1 of this article shall apply to the predicate offences specified
in its relevant domestic legislation which are offences punishable with more than
one year of imprisonment.
Czech Republic
19-11-1996
The Czech Republic designates that the central authorities in the sense of Article
23.1 of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds
from Crime shall be:
1. In case of criminal proceedings: the Office of the Attorney General of the Czech
Republic within proceedings before a criminal charge is brought and the Ministry of
Justice of the Czech Republic within proceedings following the bringing of the criminal
charge;
2. In all other cases: the Ministry of Finance of the Czech Republic.
Addresses of the above-mentioned central authorities:
Nejvyssi státni zastupitelstvi Ceské republiky
(Office of the Attorney General of the Czech Republic)
Jezuitská 4
660 55 Brno
Ministerstvo spravedìnosti Ceské republiky
(Ministry of Justice of the Czech Republic)
Vysehradská 16
128 10 Praha 2
Ministerstvo financi Ceské republiky
(Ministry of Finance of the Czech Republic)
Letenská 15
118 10 Praha 1.
06-10-2014
The declaration of central authorities made by the Czech Republic in accordance with
Article 23(1) of the Convention, registered at the Secretariat General on 19 November
1996, is updated as follows:
1. For the purposes of criminal proceedings:
a) the Supreme Prosecutor's Office of the Czech Republic for requests originating
from pre-trial proceedings;
b) the Ministry of Justice of the Czech Republic for other requests;
2. For all other cases: the Ministry of Finance of the Czech Republic.
Addresses of the above-mentioned central authorities:
Supreme Prosecutor's Office of the Czech Republic
address: Jezuitská 4, 660 55 Brno, Czech Republic
Tel.: (+420) 5 4251 2330
Fax : (+420) 5 4251 2350
e-mail : podatelna@nsz.brn.justice.cz
Ministry of Justice of the Czech Republic
address: Vysehradská 16, 128 00 Praha 2, Czech Republic
Tel.: (+420) 2 2199 7435
Fax : (+420) 2 2199 7986
e-mail : mot@msp.justice.cz
Ministry of Finance of the Czech Republic
address: Letenská 15, 118 10 Praha 1, Czech Republic
Tel.: (+420) 2 5704 1111
Fax : (+420) 2 5704 2788
e-mail : podatelna@mfcr.cz
Denmark
19-11-1996
With regard to Article 21, paragraph 2, Denmark reserves the right to apply the provisions
of the European Convention on Mutual Assistance in Criminal Matters.
With regard to Article 25 paragraph 3, requests and supporting documents from countries
other than Austria, France, Germany, Ireland, Norway, Sweden or the United Kingdom
must be accompanied by a translation into either Danish or one of the official languages
of the Council of Europe. With regard to voluminous documents, Denmark reserves the
right, as appropriate, to require a Danish translation or to have one made at the
expense of the requesting party.
Until notification to the contrary, the Convention shall not apply to the Faroe Islands
and Greenland.
The Government of Denmark designated:
The Ministry of Justice
Slotsholmsgade 10
1216 Copenhague K
Denmark
as competent authority in accordance with Article 23 of the said Convention.
Estonia
10-05-2000
Pursuant to Article 21, paragraph 2 of the Convention, the judicial documents shall
be served through the Ministry of Justice.
In accordance with Article 25, paragraph 3, the requests and their annexes presented
to the Republic of Estonia shall be accompanied by a translation into English.
In accordance with Article 23, paragraph 1, the Central authority shall be:
Ministry of Justice
Tönismägi Street, 5a
EE-15191 Tallinn
Finland
09-03-1994
In accordance with Article 25, paragraph 3, of the Convention the request and the
annexed documents shall be drawn up in Finnish, Swedish, Danish or Norwegian or in
English, French or German, or be accompanied by a translation into one of these languages.
Central Authority: Ministry of Justice
Eteläesplanadi 10
P.O. BOX 1
SF-00131 Helsinki
Finland
Tel : (19) 358-0-18251
Telefax (19) 358-0-1825224
Liaison Officer
Senior Ministerial Secretary
Hannu Taimisto.
France
08-10-1996
In accordance with Article 23, paragraph 2, of the Convention, the central authority
provided for in Article 23, paragraph 1, with regard to the French Republic is the:
Ministère de la Justice, Direction des affaires criminelles et des grâces, Bureau
de l'entraide répressive internationale, 13 Place Vendôme, 75042 PARIS Cedex 01.
In accordance with Article 38 of the Convention, the Government of the Republic declares
that the said Convention shall apply to the whole territory of the Republic subject,
with regard to the Overseas territories, to the entry into force in respect of these
territories of the new criminal code, which will be notified to the Secretary General
of the Council of Europe.
Georgia
08-09-2004
In accordance with Article 23 of the Convention, the Republic of Georgia declares
that the names and positions of the central authorities designated by the Georgian
Government, who are responsible for the proper functioning of the Convention are:
- Mr Nikoloz Gegutchadze, Head of the Financial Monitoring Service of Georgia
National Bank of Georgia - 3/5 Leonidze str. - Tbilisi 0105
Tel.: (995.32)92.36.78/92.33.48 - Fax : (995.32)93.69.41 - Email : Nikag@fms.gov.ge
- Mr Kakhaber Gurasashvili, Head of the Division of the Management of Civil, Financial
and Industrial Law, Legal Expertise of the Ministry of Justice of Georgia
Tel. (995.32)75.82.62
- Mr Valeri Tsertscadze, Head of the Legal Expertise Service of the Prosecutor General
of Georgia - Tel. (995.99)19.34.89
Germany
16-09-1998
Article 6, paragraph 1, applies only to the following predicate offences or categories
of such offences:
crimes (Article 12, paragraph 1, of the German Criminal Code - StGB), ie offences
punishable with imprisonment of not less than one year;
misdemeanours of receiving bribes (Article 332 paragraph 1, also in combination with
paragraph 3 of the StGB) and bribery (Article 334 of the StGB);
misdemeanours under Article 29, paragraph 1, sentence 1, No. 1, of the Narcotics Act
(Betäubungsmittelgesetz) or under Article 29, paragraph 1, No. 1, of the Raw Materials
Surveillance Act (Grundstoffüberwachungsgesetz);
misdemeanours of organised smuggling committed by a gang with the use of violence
(Article 373 of the German Tax Code - Abgabenordnung) or with the handling for gain
of property obtained through tax fraud (Article 374 of the Tax Code), each in combination
with Article 12, paragraph 1 of the Common Market Organisations Implementation Act
(Gesetz zur Durchführung der Gemeinsamen Marktorganisationen);
misdemeanours committed for gain or by a member of a gang formed for the purpose of
repeatedly carrying out one of the following acts constituting the elements of one
of the following offences: traffic in human beings (Article 180b of the StGB), procuring
(Article 181a of the StGB), theft (Article 242 of the StGB), embezzlement (Article
246 of the StGB), extortion (Article 253 of the StGB), handling of stolen goods (Article
259 of the StGB), fraud (Article 263 of the StGB), computer fraud (Article 263a of
the StGB), fraudulently obtaining subsidies (Article 264 of the StGB), breach of trust
(Article 266 of the StGB), falsification of documents (Article 267 of the StGB), falsification
of evidence (Article 269 of the StGB), illegal organisation of gambling (Article 284
of the StGB), illegal handling of dangerous waste (Article 326, paragraphs 1, 2 and
4, of the StGB), illegal handling of radioactive substances or other dangerous substances
and goods (Article 328, paragraphs 1, 2 and 4, of the StGB), incitement to make an
improper application for asylum (Section 84 of the Asylum Procedure Act - AsylVfG),
smuggling of aliens (Section 92a of the Aliens Act - AuslG);
misdemeanours committed by a member of a criminal organisation (Article 129 of the
StGB).
(Misdemeanours - Vergehen - are offences for which the minimum penalty is imprisonment
of less than one year or a fine - cf Article 12, paragraph 2, of the StGB).
Wherever requests and supporting documents are not drawn up in German, they shall
be accompanied by a translation into German or into one of the official languages
of the Council of Europe.
The Federal Office of Criminal Investigation (Bundeskriminalamt) is designated the
central authority responsible for the transmission of requests to the authorities
competent for their execution.
04-08-2014
The Federal Republic of Germany partly withdraws the reservation to Article 6, paragraph
1, of the Convention, contained in the declaration of 16 September 1998, to the extent
that Article 6, paragraph 1, now also applies to the following predicate offences
in addition to those specified in the declaration of 16 September 1998.
Additions to number 5:
Counterfeiting of debit and other cards, cheques and promissory notes (section 152a
of the German Criminal Code - StGB), causing wrong entries to be made in public records
(section 217 of the StGB), making false entries in public records (section 348 of
the StGB), tax evasion (section 370 of the Fiscal Code - AO), offences under the German
Securities Trading Act - WpHG (section 38(1) to (3) and (5) of the WpHG), punishable
infringement of symbols (section 143 of the Act on the Protection of Trade Marks and
Symbols - MarkenG), punishable infringement of a Community trade mark (section 143a
of the MarkenG), punishable use of indications of geographical origin (section 144
of the MarkenG), unlawful exploitation of copyrighted works (section 106 of the Copyright
Act - UrhG), unlawful affixing of designation of author (section 107 of the UrhG),
infringement of related rights (section 108 of the UrhG), unlawful exploitation on
a commercial scale (section 108a of the UrhG), infringement of technological measures
and rights-management information (section 108b of the UrgH), offences under the German
Utility Models Act (section 25 of the GebrMG), offences under the German Design Act
(section 51 of the DesignG), infringement of a Community design (section 65 of the
DesignG), offences under the Patent Act (section 142 of the PatG), offences under
the Semiconductor Protection Act (section 10 of the HalbSchG), offences under the
Plant Variety Protection Act (section 39 of the SortSchG);
Additions to number 6:
Misdemeanours to prepare a serious violent offence endangering the state (section
89a of the StGB), to form a criminal organisation (section 129 of the StGB), to form
a terrorist organisation with the aim of threatening the commission of specified serious
offences (section 129a (3) of the StGB) or to support a terrorist organisation (section
129 (5) of the StGB), or any of the above committed in relation to organisations abroad
(in conjunction with section 129b (1) of the StGB), as well as misdemeanours committed
by a member of a criminal or terrorist organisation under sections 129 or 129a of
the StGB, also for criminal or terrorist organisations abroad (in conjunction with
section 129b (1) of the StGB).
(Misdemeanours - Vergehen - are offences for which the minimum penalty is imprisonment
of less than one year or a fine, cf section 12(2) of the StGB).
The following offences, which were already specified in the declaration of 16 September
1998, shall now appear in the following place:
Under number 6:
Trafficking in human beings (sections 232 (1) and (2), 233 (1) and (2), and 233a of
the StGB), incitement to make an improper application for asylum (section 84 of the
Asylum Procedure Act - AsylVfG), smuggling in foreigners (section 96 of the Residence
Act - AufenthG).
Greece
22-06-1999
Article 2, paragraph 1, of the Convention shall apply only to the following offences:
1. Crimes provided for in the law on fight against the spread of drugs:
1.a) Importing drugs into the country, exporting drugs out of the country or transiting
drugs through the country.
1.b) Selling, purchasing, offering, making available or distributing to third parties
by any means, storing or keeping drugs, or acting as intermediary in the commission
of any of these offences.
1.c) Introducing drugs or contriving to facilitate their introduction into camps,
police cells for all categories of under-age prisoners, collective workplaces or housing,
hospitals or health centres.
1.d) Contriving in any manner to mix drugs with food products, drinks or other items
intended for human consumption or that are likely to be consumed.
1.e) Preparing articles belonging to the category of controlled drugs or soporific
substances, or illegally importing, supplying, producing, preparing, selling, making
available, transporting, possessing or distributing precursor substances or apparatus
or equipment, where it is known that they are used or will be used for the purposes
of illegal production, cultivation or preparation of drugs, or, generally, for purposes
other than that which originally justified the import, export, transport or processing
of these precursors.
1.f) Cultivating or harvesting any plant of the Indian hemp family, the opium poppy,
any plant species of the Brazilwood family, or any other plant from which narcotic
substances are derived.
1.g) Possessing or transporting drugs by whatever manner or means, whether within
the country's territory, by navigating along the territorial zone or crossing territorial
waters, or by flying in Greek air space.
1.h) Knowingly sending or receiving parcels, samples without commercial value or letters
containing any sort of drug, or authorising a third party to send or receive such
items.
1.i) Making available premises of any kind to a third party for the use of drugs,
or communicating the address of a shop where drugs are systematically used, or being
aware of such use as an employee of such a shop.
1.j) Contributing by any means to the spread of drug use.
1.k) Adulterating or selling adulterated articles from the list of controlled drugs.
1.l) Forging a medical prescription, falsifying or using a forged or falsified prescription
in order to obtain narcotic substances for the purposes of trafficking in them.
1.m) Organising, financing, advising or supervising the commission of any of the aforementioned
offences in any manner or giving instructions or authorisation in respect of them.
1.n) Facilitating or concealing the commission of other crimes by committing the above-mentioned
offences.
1.o) Commission of the above crimes by a person who deals with drugs in the course
of his or her duties and, in particular, is responsible for their safekeeping or for
prosecuting persons who have committed these crimes, or where the offence is linked
to his or her functions.
1.p) Introducing drugs or facilitating their introduction or trafficking in schools
at any level and in educational establishments or other educational training or practical
instruction units, save for the purpose of a specific research or training programme.
1.q) Introducing drugs or facilitating their introduction or trafficking in sports
premises, camping grounds, orphanages, institutions or premises intended for the provision
of social services or for accommodation of the armed forces, or premises where pupils
or students meet for educational, sports or social activities.
1.r) Selling, making available or distributing drugs to third parties by whatever
means, in premises directly adjoining the above-mentioned premises, or acting as an
intermediary in the commission of any of these offences.
1.s) The issuing of a prescription for the supply of drugs by a doctor who is aware
that there is no real, precise medical indication, or supply by a physician of medicines
containing narcotics in one form or another, in the knowledge that they will be used
for the purpose of preparing drugs.
1.t) Supply of drugs without the legally required medical prescription or on the basis
of an invalid prescription or in amounts exceeding that prescribed, by a pharmacist
or in general by a pharmaceutical trader, the manager or employee of a pharmacy or
another person in the pharmacy.
1.u) Supplying substances intended to act as substitutes for dependency-inducing drugs.
1.v) Committing the above-mentioned crimes repeatedly or habitually or by way of an
occupation, or acting in a manner intended to encourage drug use by under-age persons,
or using weapons in committing the above-mentioned crimes or for the purpose of enabling
the perpetrator to escape.
1.x) Inciting or inviting a third party to use drugs illegally, advertising them,
supplying information concerning their manufacture or supply for the purpose of spreading
their use, or assisting the commission of the aforementioned crimes.
2. Crimes covered by Article 15 (1) of Law No. 2168/93, on "weapons, munitions. etc":
importing, possessing, producing, processing, assembling, dealing in, delivering,
supplying or transporting military rifles, automatic machine guns, pistols or other
articles of military hardware, for the purposes of making them available to a third
party in order to commit a crime, or for the purpose of illegally supplying groups,
organisations, associations or unions of persons, or receiving, concealing or accepting
in any way the above objects for the same purposes.
3. Banditry.
4. Blackmail.
5. Abduction.
6. Stealing particularly valuable goods, or aggravated theft.
7. Misappropriating a particularly valuable object, or misappropriation giving rise
to an abuse of trust.
8. Fraud, if resulting in particularly heavy losses, or if the offender carries out
fraudulent activities habitually or occupationally, or if the circumstances in which
the offence was committed show that the perpetrator''s character is especially dangerous.
9. Illegal trade in antique objects.
10. Theft of a particularly valuable cargo.
11. Acting as an intermediary by receiving consideration for the removal of tissues
or organs, or acquiring tissues or organs with the intention of reselling them.
12. Economic crimes and offences against the State or legal entities in the public
sector in the broad sense.
13. Aggravated smuggling.
14. Violations of the laws on ionising radiation.
15. Procuring.
16. Breaches of the laws on games of chance or other games.
17. Corruption.
18. Usury.
19. Illegal immigration.
20. Smuggling of nuclear materials.
21. Corruption of a public official from another country (ratification of the OECD
Convention for combating the bribery of foreign public officials in international
business transactions).
22.a) Passive or active corruption of a public official.
b) Fraudulent actions prejudicial to the financial interests of the European Communities.
c) Fabricating and delivering false declarations or documents (ratification- application
of the Convention on the protection of the European Communities financial interests
and appended Protocols).
The Greek Government reserves the right to add other categories of criminal activities.
Article 6, paragraph 1, of the Convention shall apply only to the following offences:
1. Crimes provided for in the law on fight against the spread of drugs:
1.a. Importing drugs into the country, exporting drugs out of the country or transiting
drugs through the country.
1.b) Selling, purchasing, offering, making available or distributing to third parties
by any means, storing or keeping drugs, or acting as intermediary in the commission
of any of these offences.
1.c) Introducing drugs or contriving to facilitate their introduction into camps,
police cells for all categories of under-age prisoners, collective workplaces or housing,
hospitals or health centres.
1.d) Contriving in any manner to mix drugs with food products, drinks or other items
intended for human consumption or that are likely to be consumed.
1.e) Preparing articles belonging to the category of controlled drugs or soporific
substances, or illegally importing, supplying, producing, preparing, selling, making
available, transporting, possessing or distributing precursor substances or apparatus
or equipment, where it is known that they are used or will be used for the purposes
of illegal production, cultivation or preparation of drugs, or, generally, for purposes
other than that which originally justified the import, export, transport or processing
of these precursors.
1.f) Cultivating or harvesting any plant of the Indian hemp family, the opium poppy,
any plant species of the Brazilwood family, or any other plant from which narcotic
substances are derived.
1.g) Possessing or transporting drugs by whatever manner or means, whether within
the country's territory, by navigating along the territorial zone or crossing territorial
waters, or by flying in Greek air space.
1.h) Knowingly sending or receiving parcels, samples without commercial value or letters
containing any sort of drug, or authorising a third party to send or receive such
items.
1.i) Making available premises of any kind to a third party for the use of drugs,
or communicating the address of a shop where drugs are systematically used, or being
aware of such use as an employee of such a shop.
1.j) Contributing by any means to the spread of drug use.
1.k) Adulterating or selling adulterated articles from the list of controlled drugs.
1.l) Forging a medical prescription, falsifying or using a forged or falsified prescription
in order to obtain narcotic substances for the purposes of trafficking in them.
1.m) Organising, financing, advising or supervising the commission of any of the aforementioned
offences in any manner or giving instructions or authorisation in respect of them.
1.n) Facilitating or concealing the commission of other crimes by committing the above-mentioned
offences.
1.o) Commission of the above crimes by a person who deals with drugs in the course
of his or her duties and, in particular, is responsible for their safekeeping or for
prosecuting persons who have committed these crimes, or where the offence is linked
to his or her functions.
1.p) Introducing drugs or facilitating their introduction or trafficking in schools
at any level and in educational establishments or other educational training or practical
instruction units, save for the purpose of a specific research or training programme.
1.q) Introducing drugs or facilitating their introduction or trafficking in sports
premises, camping grounds, orphanages, institutions or premises intended for the provision
of social services or for accommodation of the armed forces, or premises where pupils
or students meet for educational, sports or social activities.
1.r) Selling, making available or distributing drugs to third parties by whatever
means, in premises directly adjoining the above-mentioned premises, or acting as an
intermediary in the commission of any of these offences.
1.s) The issuing of a prescription for the supply of drugs by a doctor who is aware
that there is no real, precise medical indication, or supply by a physician of medicines
containing narcotics in one form or another, in the knowledge that they will be used
for the purpose of preparing drugs.
1.t) Supply of drugs without the legally required medical prescription or on the basis
of an invalid prescription or in amounts exceeding that prescribed, by a pharmacist
or in general by a pharmaceutical trader, the manager or employee of a pharmacy or
another person in the pharmacy.
1.u) Supplying substances intended to act as substitutes for dependency-inducing drugs.
1.v) Committing the above-mentioned crimes repeatedly or habitually or by way of an
occupation, or acting in a manner intended to encourage drug use by under-age persons,
or using weapons in committing the above-mentioned crimes or for the purpose of enabling
the perpetrator to escape.
1.x) Inciting or inviting a third party to use drugs illegally, advertising them,
supplying information concerning their manufacture or supply for the purpose of spreading
their use, or assisting the commission of the aforementioned crimes.
2. Crimes covered by Article 15 (1) of Law No. 2168/93, on "weapons, munitions. etc":
importing, possessing, producing, processing, assembling, dealing in, delivering,
supplying or transporting military rifles, automatic machine guns, pistols or other
articles of military hardware, for the purposes of making them available to a third
party in order to commit a crime, or for the purpose of illegally supplying groups,
organisations, associations or unions of persons, or receiving, concealing or accepting
in any way the above objects for the same purposes.
3. Banditry.
4. Blackmail.
5. Abduction.
6. Stealing particularly valuable goods, or aggravated theft.
7. Misappropriating a particularly valuable object, or misappropriation giving rise
to an abuse of trust.
8. Fraud, if resulting in particularly heavy losses, or if the offender carries out
fraudulent activities habitually or occupationally, or if the circumstances in which
the offence was committed show that the perpetrator's character is especially dangerous.
9. Illegal trade in antique objects.
10. Theft of a particularly valuable cargo.
11. Acting as an intermediary by receiving consideration for the removal of tissues
or organs, or acquiring tissues or organs with the intention of reselling them.
12. Economic crimes and offences against the State or legal entities in the public
sector in the broad sense.
13. Aggravated smuggling.
14. Violations of the laws on ionising radiation.
15. Procuring.
16. Breaches of the laws on games of chance or other games.
17. Corruption.
18. Usury.
19. Illegal immigration.
20. Smuggling of nuclear materials.
21. Corruption of a public official from another country (ratification of the OECD
Convention for combating the bribery of foreign public officials in international
business transactions).
22.a) Passive or active corruption of a public official.
b) Fraudulent actions prejudicial to the financial interests of the European Communities.
c) Fabricating and delivering false declarations or documents (ratification- application
of the Convention on the protection of the European Communities financial interests
and appended Protocols).
The Greek Government reserves the right to add other categories of criminal activities
With regard to Article 14, paragraph 3, the Greek Government shall enforce the confiscation
requested by the requesting Party on the condition that it is not in contradiction
with the Constitution and the fundamental principles of the Greek legal system.
The requests and supporting documents must be sent by the requesting State in Greek
or be translated into English or French.
Information or evidence provided by the Greek Republic in accordance with Chapter
III of the Convention may not, without its prior consent, be used or transmitted by
the authorities of the requesting Party in investigations or proceedings other than
those specified in the request.
The central authority, in accordance with Article 23, paragraph 1 of the Convention,
is the Minister of Justice of the Government of the Greek Republic.
In accordance with Article 13, paragraph 1.b of the Convention, the competent authority
shall be the State Prosecutor of the department concerned by the confiscation request.
Hungary
02-03-2000
In accordance with Article 6, paragraph 4, Hungary reserves the right to apply paragraph
1 of this Article only to the predicate offences specified in its Criminal Code.
With regard to Article 14, paragraph 3, Hungary declares that paragraph 2 of Article
14 applies only subject to its constitutional principles and the basic concepts of
its legal system.
In accordance with Article 21, paragraph 2, Hungary declares that judicial documents
should be served only through its central authority.
In accordance with Article 25, paragraph 3, requests and supporting documents must
be drawn up in Hungarian or in one of the official languages of the Council of Europe
or be accompanied by a translation into one of these languages. However, Hungary declares
its readiness to accept translations of requests and supporting documents in German.
In accordance with Article 32, paragraph 2, Hungary declares that information or evidence
provided by it under chapter III may not, without its prior consent, be used or transmitted
by the authorities of the requesting Party in investigations or proceedings other
than those specified in the request.
In accordance with Article 23, paragraph 2, Hungary designates the Ministry of Justice
of the Republic of Hungary (1055 Budapest, Kossuth Lajos tér 4.) and the Attorney-General's
Department of the Republic of Hungary (1055 Budapest, Markó u. 16.) as central authorities.
Iceland
21-10-1997
In accordance with Article 23, paragraph 1, of the Convention, the competent authority
in Iceland is the Ministry of Justice, Arnarhváli, 150 Reykjavik.
Ireland
28-11-1996
In accordance with Article 2, paragraph 2, Ireland declares that Article 2, paragraph
1, shall apply only to drug trafficking offences as defined in its domestic legislation
and other offences triable on indictment.
In accordance with Article 14, paragraph 3, Ireland declares that Article 14, paragraph
2, shall apply only subject to the constitutional principles and the basic concepts
of its legal system.
In accordance with Article 21, paragraph 2, Ireland declares that judicial documents
should be served only through its central authority.
In accordance with Article 25, paragraph 3, Ireland declares that it reserves the
right to require that requests made to it and documents supporting such requests be
accompanied by a translation into Irish or English.
The central authority of Ireland designated in pursuance of Article 23, paragraph
1, is the Department of Justice, 72-76 St. Stephen's Green, Dublin 2.
Italy
20-01-1994
Under the terms of Article 6, paragraph 4, of the Convention, the Italian Republic
declares that paragraph 1 of this article applies only to predicate offences which
constitute "delitti" under Italian law, excluding "delitti" which are not deliberate.
Under the terms of Article 21, paragraph 2, of the Convention, the Italian Republic
declares that the procedures set out in parts a. and b. of this paragraph concerning
the transmission and serving of judicial documents to persons affected by provisional
measures and confiscation shall be allowed in respect of persons on Italian territory
only when, in its relations with the other Party, they are provided for under Italian
legislation or in the international agreements which generally govern mutual assistance
in criminal matters.
Under the terms of Article 23, paragraph 2, of the Convention, the Italian Republic
declares that the central authority designated in pursuance of paragraph 1 of this
article is the Minister of Justice and that all correspondence should therefore be
addressed to: Ministero di Grazia e Giustizia, Direzione Generale degli Affari Penali,
Via Arenula 70, 00186 Rome.
Under the terms of Article 25, paragraph 3, of the Convention, the Italian Republic
declares that it reserves the right to require that requests made to it and documents
supporting such requests be accompanied by a translation into Italian or into one
of the official languages of the Council of Europe.
Under the terms of Article 32, paragraph 2, of the Convention, the information or
evidence provided by Italy under this chapter may not, without its prior consent,
be used or transmitted by the authorities of the requesting Party in investigations
or proceedings other than those specified in the request.
Kazakhstan
23-09-2014
In accordance with paragraph 3 of Article 14 of the Convention, the Republic of Kazakhstan declares that it applies paragraph 2 of Article 14 of the Convention in accordance with its constitutional principles and basic concepts of its legal system.
Latvia
01-12-1998
In pursuance of paragraph 3 of Article 14 of the Convention, the Republic of Latvia
declares that paragraph 2 of Article 14 applies only subject to constitutional principles
and the basic concepts of legal system of the Republic of Latvia.
In pursuance of paragraph 2 of Article 21 of the Convention, the Republic of Latvia
declares that competent authorities of the Republic of Latvia to serve judicial documents
are:
- during pre-trial investigation: General Prosecutor's office O; Kalpaka blvd 6, Riga,
LV - 1801, Latvia, phone: 371.7.320085, fax: 371.7.212231;
- during the trial: The Ministry of Justice, Brivibas blvd 36, Riga, LV - 1536, Latvia,
phones: 371.7.280437/282607, fax: 371.7.285575.
In pursuance of paragraph 3 of Article 25 of the Convention, the Republic of Latvia
declares that requests and documents supporting such requests shall be accompanied
by a translation into Latvian or English language.
In pursuance of paragraph 2 of Article 32 of the Convention, the Republic of Latvia
declares that information or evidence provided by the Republic of Latvia under Chapter
III of the Convention, without its prior consent, may not be used or transmitted by
the authorities of the requesting Party in investigations or proceedings other than
those specified in the request.
16-09-2010
In pursuance of paragraph 2 of Article 23 of the Convention, the Republic of Latvia
declares that, for the purposes of paragraph 1 of Article 23 of the Convention, the
central authorities of the Republic of Latvia are:
-during pre-trial investigation until prosecution :
Economic Police Department of the Central Criminal Police Department of the State
Police
Ciekurkalna 1st line 1, k-4
Riga, LV-1026
Latvia
Phone: +371 67075212
Fax: +371 67075053
E-mail: epb@vp.gov.lv
Website : www.vp.gov.lv
- during pre-trial investigation until submitting the case to the court:
General Prosecutor's office
O. Kalpaka blvd 6
Riga, LV - 1801
Latvia
Phone: 371.67.320085
Fax: 371.67.212231;
- during the trial:
The Ministry of Justice
Brivibas blvd 36
Riga, LV - 1536, Latvia
Phones: 371.67.280437/282607
Fax: 371.67.285575
Liechtenstein
09-11-2000
In accordance with Article 14, paragraph 3, of the Convention, the Principality of
Liechtenstein declares that paragraph 2 of Article 14 shall apply only subject to
the constitutional principles and the basic concepts of the legal system of the Principality
of Liechtenstein.
In accordance with Article 21, paragraph 2, of the Convention, the Principality of
Liechtenstein declares that judicial documents addressed to persons in the Principality
of Liechtenstein shall be transmitted to them by the competent Liechtenstein authority
(Rechtsdienst der Regierung).
In accordance with Article 25, paragraph 3, of the Convention, the Principality of
Liechtenstein declares that whenever requests and supporting documents are not drawn
up in German, they shall be accompanied by a translation into German or English.
In accordance with Article 32, paragraph 2, of the Convention, the Principality of
Liechtenstein declares that information or evidence provided by Principality of Liechtenstein
when applying this Convention may not, without the prior consent of the Liechtenstein
central authority (Rechtsdienst der Regierung) be used or transmitted by the requesting
Party in investigations or proceedings other than those specified in the request.".
11-07-2001
In accordance with Article 23, paragraph 1, the central authority of the Principality
of Liechtenstein is:
Ressort Justiz
Regierungsgebäude
FL-9490 Vaduz
Liechtenstein.
The new central authority assumes all the functions of the former central authority
(Rechtsdienst der Regierung) under the Convention.
12-02-2004
The scope of application of Article 6, paragraph 1, of the Convention shall be extended
to include as predicate offences misdemeanours in accordance with the Liechtenstein
Narcotics Act as well as misdemeanours pursuant to Articles 304 to 308 of the Liechtenstein
Penal Code (corruption offences). The reservation with respect to Article 6, paragraph
1, of the Convention shall henceforth read as follows:
"In accordance with Article 6, paragraph 4, of the Convention, the Principality of
Liechtenstein declares that paragraph 1 of Article 6 shall apply only to predicate
offences which are crimes under Liechtenstein law (§ 17 of the Liechtenstein Penal
Code), misdemeanours in accordance with the Liechtenstein Narcotics Act or misdemeanours
pursuant to Articles 304 to 308 of the Liechtenstein Penal Code (corruption offences)."
25-11-2019
The declaration of central authorities made by Liechtenstein in accordance with Article
23, paragraph 1, of the Convention, is modified as follows:
In accordance with Article 23, paragraph 1, of the Convention the central authority
of the Principality of Liechtenstein is:
Amt für Justiz (Office of Justice)
Lithuania
17-03-1997
The Ministry of Foreign Affairs of the Republic of Lithuania informs that the authorities
mentioned in the reservation of the Republic of Lithuania in respect of Article 21
of the Convention, contained in the instrument of ratification deposited on 20 June
1995, also carry out the functions under Article 23 of the Convention. The addresses
of the above-mentioned authorities are:
Ministry of Justice
Gedimino av. 30/1
2600 Vilnius
Lithuania
Tel.(3702) 624.670/616.662
Fax:(3702) 625.940
Prosecutor General's Office
A. Smetonos str.
2709 Vilnius
Lithuania
Tel.(3702) 612.131
Fax:(3702) 611.826/618.563/224.734
Luxembourg
12-09-2001
In accordance with Article 2, paragraph 2, and Article 6, paragraph 4, of the Convention,
Article 2, paragraph 1, and Article 6, paragraph 1, of the Convention shall apply
only to the offences mentioned in Article 8-1, item 1), of the Law of 19 February
1973 concerning the sale of medicinal substances and the fight against drug addiction,
and in Article 506-1, item 1), of the Penal Code.
In accordance with Article 21, paragraph 2, of the Convention, the procedures provided
in subparagraphs a and b of this paragraph, relating to the service of judicial documents
to persons affected by provisional and confiscation measures, and who are in the territory
of Luxembourg, shall be permitted only in the case where, in the relations between
Luxembourg and the other State, they are foreseen by another treaty governing international
mutual assistance in criminal matters.
Concerning Article 25, paragraph 3, of the Convention, requests and documents supporting
such requests must be drawn up in French or in German or be accompanied by a translation
into French or German.
In accordance with Article 32, paragraph 2, of the Convention, the information or
evidence obtained from Luxembourg under Chapter III of the Convention shall not, without
its prior consent, be used or transmitted by the authorities of the requesting Party
in investigations or proceedings other than those specified in the request.
In accordance with Article 23, paragraph 2, of the Convention, the General State Prosecutor
is designated as the central authority responsible for sending the requests under
Chapter III of the Convention as well as for answering those sent to Luxembourg under
the same Chapter, to execute them or transmit them to the authorities which are competent
for their execution in accordance with Article 23, paragraph 1, of the Convention.
15-10-2019
In accordance with Article 20, paragraph 2, of the Convention, the Government of Luxembourg
partially withdraws its reservation made on 12 September 2001 at the time of ratification
of the Convention. The reservation now reads as follows:
In accordance with Article 6, paragraph 4, of the Convention, Article 6, paragraph
1, of the Convention shall apply only to the offences mentioned in Article 8-1, item
1), of the Law of 19 February 1973 concerning the sale of medicinal substances and
the fight against drug addiction, and in Article 506-1, item 1), of the Penal Code.
Malta
19-11-1999
Malta declares that, in accordance with paragraph 3 of Article 14, paragraph 2 of
this Article shall apply only subject to its constitutional principles and the basic
concepts of its legal system.
Malta declares that, in accordance with paragraph 2 of Article 21, judicial documents
should be served only through its Central Authority which is: The Office of the Attorney
General.
Malta declares that, in accordance with paragraph 3 of Article 25, it reserves the
right to require that requests made to it and documents supporting such request be
accompanied by a translation into the English language.
Malta declares that, in accordance with paragraph 2 of Article 32, information or
evidence provided by it under this Convention may not, without its prior consent,
be used or transmitted by the authorities of the requesting Party in investigations
or proceedings other than those specified in the request.
In accordance with paragraph 2 of Article 23 the Central authority designed in pursuance
of paragraph 1 of this Article is:
The Office of the Attorney General
Attorney General's Chambers
The Palace
Valletta - Malta.
06-09-2007
In accordance with Article 2, paragraph 2, of the Convention, Malta declares that
paragraph 1 of this article shall apply to any criminal offence punishable with more
than one year imprisonment.
In accordance with Article 6, paragraph 4, of the Convention, Malta declares that
paragraph 1 of this article shall apply to any criminal offence punishable with more
than one year of imprisonment.
The Government of Malta submits that the amendments to the reservations have been
made necessary following a relevant amendment by Legal Notice 176 of 2005, dated 31
May 2005, to the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta,
by which the list of predicate offences was abolished. An explanatory note containing
more detailed legal explanations for the amendments requested follows.
Explanatory Note from the Office of the Attorney General of Malta
The Prevention of Money Laundering Act, Chapter 373 Laws of Malta was amended in 2005
by Legal Notice 176 to the effect that the provisions of the said act apply to "criminal
activity" (Art.2(1)) which in the Second Schedule to the Act is defined as "Any criminal
offence" without any further qualification as to the punishment which such an offence
entails: (see http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt373.pdf).
The Criminal Code however, in Articles 435A-D, only makes applicable the investigative
and coercive measures - investigation and attachment orders, as well as freezing (vide
also Art.23A(2)) and confiscation orders (vide also Art.23B) - found under the Prevention
of Money Laundering Act to "relevant offences". "Relevant offences" are defined in
Article 23A(1) of the Criminal Code as offences punishable with more than one year
imprisonment : (see http://docs.justice.gov.mt/lom/legislation/english/leg/vol_1/chapt9.pdf).
Consequently it becomes self-evident why the correction is needed, since it ensures
an all-embracing ortrayal of the applicable legal scenario in Malta with regards to
the implementation of the said Convention.
As the reservation currently stands, it implies that one can issue investigative/coercive
measures, when there is no suspicion of a money laundering offence, in relation to
an offence (other than money laundering) which carries a maximum punishment of less
than one year imprisonment. This is an incorrect interpretation.
Given the relevant articles in the Criminal Code, which come into play in such a scenario,
there exists a legal impediment to do so. If the offence is not money-laundering related,
investigative and coercive measures may only be taken if the offence carries a maximum
punishment of over one year imprisonment. Hence the requested correction.
Moldova
30-05-2002
In accordance with Article 23 of the Convention, the Republic of Moldova has designated
as the Central Authority responsible for sending, answering, communication and execution
of requests:
Office of Prosecutor General
Str. Mitropolit Banulescu-Bodoni, 26,
MD 2005, Chisinau - Republic of Moldova
Tel/fax 22 86 35.
The Republic of Moldova declares that the Convention will not be applied on the territory
effectively controlled by the organs of the self-proclaimed Moldavan Dniestrian Republic
until the final settlement of the conflict in this region.
Monaco
10-05-2002
In accordance with Article 2, paragraph 2, of the Convention, the Principality of
Monaco declares that paragraph 1 of this article shall apply only to the laundering
of the proceeds of an offence as provided and punished by Articles 218 to 218-3 of
the Penal Code of the Principality of Monaco and to the laundering of the proceeds
from drug trafficking as provided and punished by Articles 4-1 b, 4-3 and 4-4 of Law
No. 890 of 1 July 1970 on narcotics as amended by Law No. 1157 of 23 December 1992.
In accordance with Article 6, paragraph 4, of the Convention, the Principality of
Monaco declares that the paragraph 1 of this article shall apply only to the laundering
of the proceeds of an offence as provided and punished by Articles 218 to 218-3 of
the Penal Code of the Principality of Monaco and to the laundering of the proceeds
from drug trafficking as provided and punished by Articles 4-1 b, 4-3 and 4-4 of Law
No. 890 of 1 July 1970 on narcotics as amended by Law No. 1157 of 23 December 1992.
In accordance with Article 14, paragraph 3, of the Convention, the Principality of
Monaco declares that Article 14, paragraph 2, shall apply only subject to its constitutional
principles and the basic concepts of its legal system.
In accordance with Article 21, paragraph 2b, of the Convention, the Principality of
Monaco declares that the service of judicial documents must be effected through the
competent authorities of Monaco.
In accordance with Article 25, paragraph 3, of the Convention, the requests mentioned
in Section 7 of this Convention and their supporting documents shall be accompanied
by a translation in French language.
In accordance with Article 32, paragraph 2, of the Convention, the Principality of
Monaco declares that information or evidence provided by it under Section 7 of this
Convention may not, without its prior consent, be used or transmitted by the authorities
of the requesting Party in investigations or proceedings other than those specified
in the request.
In accordance with Article 23, paragraph 1, of the Convention, the central authority
of the Principality of Monaco is:
Direction des Services Judiciaires
5, rue Colonel Bellando de Castro
Principality of Monaco
Montenegro
19-10-2006
The central authority designated in pursuance of Article 23, paragraph 1, is:
the Ministry of Justice of the Republic of Montenegro
Stanka Dragojevica St. No. 2
81000 Podgorica
Pursuant to Article 14, paragraph 3, of the Convention, paragraph 2 thereof shall
apply only subject to the constitutional principles and the basic legal concepts of
the legal system of Montenegro.
The serving of judicial documents as set out in Article 21, paragraph 2, of the Convention,
shall be allowed in Montenegro only if envisaged under another bilateral or multilateral
agreement.
Pursuant to Article 25, paragraph 3, Montenegro declares that requests made to it
and documents supporting such requests shall be accompanied by a translation into
Serbian or English.
Pursuant to Article 32, paragraph 2, of the Convention, without its prior consent,
information and evidence provided by Montenegro under this chapter may not be used
or transmitted by the authorities of the requesting State in investigations or proceedings
other than those specified in the request.
Netherlands, the Kingdom of the
10-05-1993
In accordance with Article 2, paragraph 2, of the Convention, the Kingdom of the Netherlands
declares that it reserves the right not to apply Article 2, paragraph 1, of the Convention
with regard to the confiscation of the proceeds from offences punishable under legislation
on taxation or on customs and excise.
In accordance with Article 6, paragraph 4, of the Convention, the Kingdom of the Netherlands
declares that Article 6, paragraph 1, of the Convention will only be applied to predicate
offences that qualify as misdrijven (crimes) under the domestic law of the Netherlands
(the Kingdom in Europe).
07-04-1999
In accordance with Article 2, paragraph 2, of the Convention, the Kingdom of the Netherlands declares that it reserves the right not to apply Article 2, paragraph 1, of the Convention with regard to the confiscation of the proceeds from offences punishable under legislation on taxation or on customs and excise.
09-01-2012
In accordance with Article 6, paragraph 4, of the Convention, the Kingdom of the Netherlands
declares that Article 6, paragraph 1, of the Convention will only be applied to predicate
offences that qualify as "misdrijven" (crimes) under the domestic laws of Aruba, Curaçao,
Sint Maarten or the Caribbean part of the Netherlands (the islands of Bonaire, Sint
Eustatius and Saba).
In accordance with Article 23, paragraph 2, of the Convention, the central authorities,
referred to in Article 23, paragraph 1, designated for Aruba, Curaçao and Sint Maarten
are:
de Procureur Generaal van Aruba
L.G. Smith Boulevard 42
Oranjestad, Aruba
Tel.: 297 - 829132/834387
Fax: 297 - 838891
de Procurator-General of Curaçao and of Sint Maarten
Wilhelminaplein 14-16
Willemstad, Curaçao
Tel.: +599-9-463-4233
Fax: +599-9-461-3786
Email: parket.pg@caribjustitia.org
In accordance with Article 23, paragraph 2, of the Convention, the central authority,
referred to in Article 23, paragraph 1, designated for the European part of the Netherlands
and for the Caribbean part of the
Netherlands (the islands of Bonaire, Sint Eustatius and Saba) is:
Ministerie van Veiligheid en Justitie
Afdeling Internationale Rechtshulp
Postbus 20301
2500 EH `s-Gravenhage
Nederland
In accordance with Article 25, paragraph 3, of the Convention, the Kingdom of the
Netherlands declares that requests made to Aruba, Curaçao and Sint Maarten and documents
supporting such requests in a language other than Dutch, English, or Spanish shall
be accompanied by a translation into one of these languages.
In accordance with Article 25, paragraph 3, of the Convention, the Kingdom of the
Netherlands declares that:
- requests made to the European part of the Netherlands and documents supporting such
requests in a
language other than Dutch, French or English shall be accompanied by a translation
into one of these
languages;
- requests made to the Caribbean part of the Netherlands (the islands of Bonaire,
Sint Eustatius and Saba) and documents supporting such requests in a language other
than Dutch, English, or Spanish shall be accompanied by a translation into one of
these languages.
North Macedonia
19-05-2000
In accordance with Article 23 of the Convention, the Government of the Republic of
Macedonia as designated the Ministry of Justice of the Republic of Macedonia as the
central authority which will be responsible for sending and answering requests, the
execution of such requests or the transmission of them to the authorities competent
for their execution.
Norway
16-11-1994
Norway declares that Article 2, paragraph 1, shall apply only to offences which would
be punishable if committed within Norwegian criminal jurisdiction.
Norway declares that without prior consent, information or evidence provided by it
under Chapter III of the Convention, may not be used or transmitted by the authorities
of the requesting Party, except to the extent that the disclosure is necessary for
the investigations or proceedings described in the request.
07-04-1999
Norway declares that Article 6, paragraph 1, shall apply only to offences which would
be punishable if committed within Norwegian criminal jurisdiction.
Norway declares that it reserves the right to require that requests made to it and
documents supporting such requests be accompanied by a translation into Norwegian,
Swedish, Danish or English.
23-04-2002
In conformity with Article 23, paragraph 2, of the Convention, the Central Authority for Investigation and Prosecution of Economic and Environmental Crime (ØKOKRIM) in Oslo - Postbox 8193 Dep. 0034 Oslo (Tel. (0047) 23.29.10.00, fax. (0047) 23.29.10.01, e.mail: okrim@okokrim.no) - has been appointed as the Norwegian authority which shall be responsible for sending and answering requests made under this chapter, the execution of such requests or the transmission of them to the authorities competent for their execution.
Poland
20-12-2000
The Republic of Poland declares under Article 21, paragraph 2 of the Convention that
the methods of transmission referred to in Article 21, paragraph 2, of the Convention
shall be applied on its territory only in so far as they are provided for in appropriate
international agreements relating to legal assistance between the Republic of Poland
and the Party transmitting a judicial document.
The Republic of Poland declares under Article 25, paragraph 3, of the Convention,
that all requests and documents transmitted to its authorities under Chapter III of
the Convention shall be accompanied by a translation into Polish or into one of the
official languages of the Council of Europe.
The Republic of Poland declares under Article 32, paragraph 2, of the Convention that
information and evidence transmitted for the execution of a request filed pursuant
to Chapter III of the Convention shall, without its prior consent, not be used for
purposes other than those specified in the request.
08-02-2002
In accordance with Article 23, paragraph 1, the central authority shall be the Ministry
of Justice of the Republic of Poland, Al. Ujazdowskie 11, 00-950 Warsaw.
In accordance with Article 23, paragraph 1, of the Convention, the Government of Poland
declares that the Ministry of Finance of the Republic of Poland (12 Swietokrzyska
Street, 00-916 Varsaw) has been designated as the central authority together with
the Ministry of Justice.
Portugal
19-10-1998
For the purposes of Article 6 of the Convention, punishment of laundering shall be
limited to cases of drug-trafficking as well as an illegal activity relating to terrorism,
arms trafficking, extortion, abduction, incitement to prostitution (Lenocìnio), corruption,
embezzlement (Peculato) and financial participation in a business, harmful administration
of a public sector business unit, fraudulent procurement or conversion of a subsidy,
grant or loan, economic and financial offences committed in an organised manner using
information technology, and economic and financial offences committed on an international
scale and involving any kind of co-participation, as defined in domestic legislation.
The application of the provisions of Article 21 of the Convention shall be subject
to the existence of bilateral or multilateral agreements on mutual judicial assistance
between Portugal and the requesting Party;
In accordance with the provisions of Article 25 of the Convention, Portugal declares
that requests and supporting documents addressed to Portugal must be accompanied by
a translation into either
In accordance with the provisions of Article 32 of the Convention, Portugal declares
that, without its consent, the information or evidence provided by Portugal may not
be used or transmitted by the authorities of the requesting Party in investigations
or proceedings other than those specified in the request.
In accordance with the provisions of Article 23 of the Convention, Portugal declares
that the central authority is the "Procuradoria-Geral da República, rua da Escola
Politécnica, 140, 1200 Lisboa;
18-04-2005
The Republic of Portugal withdraws the [...] reservation [ on Article 6], contained in the instrument of ratification of the Convention deposited on 19 October 1998.
Romania
06-08-2002
In accordance with Article 14, paragraph 3, of the Convention, Romania declares that
Article 14, paragraph 2, shall apply only subject to the constitutional principles
and the basic concepts of the Romanian legal system.
In accordance with Article 21, paragraph 2, of the Convention, Romania declares that
the service of judicial documents shall be effected only through the central authority,
which is the Ministry of Justice. For the requests of assistance formulated in pre-trial
investigation, the service shall be effected through the General Prosecutor's Office
to the Supreme Court of Justice.
In accordance with Article 25, paragraph 3, of the Convention, Romania declares that
the requests forwarded to the Romanian authorities and the documents supporting such
requests shall be accompanied by a translation in Romanian or into one of the official
languages of the Council of Europe.
In accordance with Article 32, paragraph 2, of the Convention, Romania declares that
the information or the evidence provided by Romania under Chapter III of the Convention
may not be used or transmitted by the authorities of the requesting Party in investigations
or proceedings other than those specified in the request without its prior consent.
In accordance with Article 23, paragraph 2, of the Convention, the Romanian central
authorities designated to apply the provisions of Chapter III of the Convention are:
Ministerul Justitiei (Ministry of Justice)
Str. Apollodor nr. 17, sectorul 5
Bucuresti, Romania.
Oficiul National de Prevenire si Combatere
a Spalarii Banilor (National Office for Prevention and
Fighting Against Money Laundering)
Str. Splaiul independentei nr. 202 A, sectorul 6
Bucuresti, Romania.
Ministerul de Interne (Ministry of Interior)
Inspectoratul General al Politiei
Sos. Stefan cel Mare nr. 13-15, sectorul 2
Bucuresti, Romania.
Ministerul Finantelor Publice (Ministry of Public Finance)
Str. Apollodor nr. 17, sectorul 5
Bucuresti, Romania.
Parchetul General de pe langa Curtea Suprema de Justitie
(General Prosecutor's Office to the Supreme Court of Justice)
Bd. Libertatii nr. 14, sectorul 5
Bucuresti, Romania.
Russian Federation
02-08-2001
In accordance with Article 14, paragraph 3, of the Convention, the Russian Federation
declares that Article 14, paragraph 2, of the Convention shall apply only subject
to its constitutional principles and the basic concepts of its legal system.
In accordance with Article 21, paragraph 2, of the Convention, the Russian Federation
declares that the service of judicial documents should be effected through the Ministry
of Justice of the Russian Federation.
In accordance with Article 25, paragraph 3, of the Convention, the Russian Federation
declares that it reserves the right to require that requests made to it and documents
supporting such requests be accompanied by a translation into Russian or English.
In accordance with Article 23, paragraph 2, of the Convention, the Russian Federation
declares that the central authorities of the Russian Federation, designated in pursuance
of Article 23, paragraph 1, of the Convention are as follows:
- the Ministry of Justice of the Russian Federation (Vorontsovo pole 4, 109830, Moscow,
Russian Federation) for civil law issues, including civil law aspects of criminal
cases; and
- the Office of the Prosecutor General of the Russian Federation (ul. Bolshaya Dmitrovka,
15a, 103793, Moscow, Russian Federation) for criminal law issues.
San Marino
12-10-2000
In accordance with Article 6, paragraph 4, the Republic of San Marino declares that
paragraph 1 of Article 6 applies only to criminal predicate offences or categories
of criminal predicate offences provided for in San Marino's national legislation concerning
the laundering of money or proceeds from crime (Act No. 123 of 1998).
In accordance with Article 14, paragraph 3, the Republic of San Marino declares that
paragraph 2 of Article 14 applies only subject to its constitutional principles and
the basic concepts of its legal system.
In accordance with Article 21, paragraph 2, the Republic of San Marino declares that
service of judicial documents can be effected only through its central authority,
without prejudice to what is provided for in bilateral treaties.
In accordance with Article 32, paragraph 2, the Republic of San Marino declares that
information or evidence provided by it under chapter III of the Convention may not,
without the prior consent of San Marino's competent authority, be used or transmitted
by the authorities of the requesting Party in investigations or proceedings other
than those specified in the request.
In accordance with Article 23, paragraph 2, the competent central authority of the
Republic of San Marino, without prejudice to the provisions of bilateral agreements
authorising direct relations with San Marino's legal authority, is the:
Segreteria di Stato per gli Affari Esteri
Palazzo Begni
Contrada Omerelli, 31
47890 San Marino
Repubblica di San Marino
15-04-2002
The Government of San Marino declares that, on 18 March 2002, the national Parliament
of San Marino has approved the amendment of the text of its reservation to Article
25 of the Convention. The reservation now reads as follows:
In accordance with Article 25, paragraph 3, of the Convention, the Republic of San
Marino declares that it reserves the right to require that requests made to it and
documents supporting such requests be accompanied by a translation into Italian or
into one of the official languages of the Council of Europe, the accuracy of which
must be officially certified. Concerning voluminous documents which are not translated
into Italian, the Republic of San Marino reserves the right to request, if appropriate,
a translation into Italian or to have the documents translated at the expense of the
requesting Party.
Serbia
20-07-2006
The central authoritiy designated in pursuance of Article 23, paragraph 1, is:
the Ministry of Justice of the Republic of Serbia
Nemanjina St. No. 22-24
11000 Belgrade
Republic of Serbia
18-06-2007
Pursuant to Article 14, paragraph 3, of the Convention, paragraph 2, thereof shall
apply only subject to the constitutional principles and the basic legal concepts of
the legal system of Serbia.
The serving of judicial documents as set out in Article 21, paragraph 2, of the Convention,
shall be allowed in Serbia only if envisaged under another bilateral or multilateral
agreement.
Pursuant to Article 25, paragraph 3, Serbia declares that requests made to it and
documents supporting such requests shall be accompanied by a translation into Serbian
or English.
Pursuant to Article 32, paragraph 2, of the Convention, without its prior consent,
information and evidence provided by Serbia under this chapter may not be used or
transmitted by the authorities of the requesting State in investigations or proceedings
other than those specified in the request.
Slovakia
07-05-2001
The Slovak Republic declares that Article 14, paragraph 3, shall apply only subject
to the constitutional principles and the basic concepts of the Slovak legal system.
The Slovak Republic declares that the serving of written documents to persons on the
territory of the Slovak Republic pursuant to the modalities set forth in Article 21,
paragraph 2, letter a) and letter b), shall be possible only insofar as provided for
in other bilateral and multilateral international treaties, which are binding for
the Slovak Republic and for the Party transmitting the written document.
The Slovak Republic declares that it reserves the right to require that the requests
and documents supporting such requests be accompanied by a translation into the Slovak
language, the English language or the French language.
The Slovak Republic declares that any information or evidence provided by it in accordance
with this Convention may not be, without its prior consent, used or transmitted by
the authorities of the requesting Party in investigations or proceedings other than
those specified in the request.
22-05-2008
1. Requests under Chapter III shall be sent in the Slovak Republic to the following
authorities:
a) Requests under Section 2
Prezídium Policajného zboru (Presidium of the Police Force)
Úrad boja proti organizovanej kriminalite (Office for Combating Organised Crime)
Spavodajská jednotka financnej polície (Financial Intelligence Unit)
Racianska 45
812 72 Bratislava
Slovenská republika (Slovak Republic)
b) Requests under Section 3
Generálna prokuratúra Slovenskej republiky (General Prosecutor's Office of the Slovak
Republic)
Štúrova 2
812 85 Bratislava
c) Requests under Section 4
Ministerstvo spravodlivosti Slovenskej republiky (Ministry of Justice of the Slovak
Republic)
Župné námestie 13
813 11 Bratislava
d) Other requests for assistance
Ministry of Justice of the Slovak Republic
2. Each authority referred to under point 1. is a central body for forwarding abroad
requests of the Slovak authorities for assistance pursuant to Chapter III.
03-09-2020
Central authority: Updating of contact information:
(Article 23) c) Requests under Section 4
d) Other requests for assistance
Ministry of Justice of the Slovak Republic
[…]
Slovenia
23-04-1998
In accordance with Article 25, paragraph 3, of the Convention, the Government of Slovenia
reserves the right to require that requests made to the responsible central authority
and documents supporting such requests be accompanied by a translation into the Slovene
language or into the English language.
In accordance with Article 32, paragraph 2, of the Convention, information or evidence
provided by the Government of Slovenia under Chapter III of the Convention may not,
without its prior consent, be used or transmitted by the authorities of the requesting
Party in investigations or proceedings other than those specified in the request.
In accordance with Article 23, paragraph 2, the central authority of the Republic
of Slovenia designated in pursuance of paragraph 1 of this Article, is:
Office for Money Laundering Prevention
Cankarjeva 5, 1000 Ljubljana
Tel: 00 386 61 125 41 89
Fax: 00 386 61 125 20 87
Spain
06-08-1998
In accordance with Article 25, paragraph 3, Spain reserves the right to require that
requests made to it and documents supporting such requests be accompanied by a translation
into one of the official languages of the Council of Europe.
In accordance with Article 32, paragraph 2, Spain declares that, without its prior
consent, information or evidence provided by it under this chapter may not be used
or transmitted by the authorities of the requesting Party in investigations or proceedings
other than those specified in the request.
10-03-1999
The Central Authority with regard to Spain is:
Ministerio de Justicia, Secretaria General Técnica, San Bernardo, 45, 28071 Madrid,
Espana.
05-03-2008
If the Convention on laundering, Search, Seizure and Confiscation of the Proceeds
from Crime were to be extended by the United Kingdom to Gibraltar, the Kingdom of
Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory for the international relations of which
the United Kingdom is responsible and which is subject to a decolonisation process
in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in the distribution and attribution
of competences performed by the United Kingdom, in compliance with its internal legislation,
in its capacity as sovereign State on which the mentioned non-autonomous territory
depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the
application of this Convention will be understood as carried out exclusively as part
of the internal competences of Gibraltar, and it cannot be considered to produce a
change in relation with what was established in the two previous paragraphs.
Sweden
15-07-1996
In accordance with Article 2, paragraph 2, Sweden declares that, for Sweden''s part,
the provision in Article 2, paragraph 1, shall be applicable to such proceeds of crime
and such instrumentalities which have been used in the commission of an offence as
may be confiscated under the provisions of the Penal Code, the Narcotic Drugs Penal
Act (1968:64) or the Act Prohibiting Certain Doping Substances (1991:1969). Regarding
other offences, Sweden reserves the right, where justified in view of the type of
offence, to prescribe confiscation to a more limited extent.
In accordance with Article 21, paragraph 2, Sweden makes a reservation in respect
of the provision in Article 21, paragraph 2b.
In accordance with Article 25, paragraph 3, Sweden declares that a request addressed
to Sweden under the Convention shall be formulated in Swedish, Danish, Norwegian or
English or that a translation into one of these languages is enclosed.
24-11-2000
In accordance with Article 23, paragraph 2, of the Convention, the central authority
is the:
Ministry of Justice
Division for Criminal Cases and International Judicial Co-operation
Central Authority
S-103 33 Stockholm
Sweden
Telephone: +46 8 405 45 00 (Secretariat)
Fax: +46 8 405 46 76
E-mail: birs@justice.ministry.se
30-06-2005
The Government of Sweden, to limit the scope of the declaration that was made with regard to Article 2, paragraph 1, of the Convention, declares that Article 2, paragraph 1, of the Convention shall, in addition to what was previoulsly stated in the Swedish declaration, be applicable to crimes punishable by deprivation of liberty for more than one year.
19-12-2013
Article 23
Regarding requests for service of documents under Article 21 of the Convention:
County Administrative Board of Stockholm.
Switzerland
11-05-1993
Article 6, paragraph 1 of the Convention applies only where the predicate offence
is classified as a crime under Swiss law (see Article 9, sub-paragraph 1 of the Swiss
Criminal Code and the offences provided for in the Swiss Criminal Code and supplementary
criminal law).
Service of judicial documents to persons in Switzerland must be effected through the
competent Swiss authorities (Federal Office of Justice).
Requests and supporting documents must be submitted in German, French or Italian or
accompanied by a translation into one of those languages. The accuracy of translations
must be officially certified.
29-01-2002
Information and evidence obtained from Switzerland under this Convention may not,
without the prior consent of the Federal Office of Justice (Central Offices), be used
or transmitted by the authorities of the requesting party in investigations or proceedings
other than those specified in the request.
Central Authority:
Federal Office of Justice (Office fédéral de la justice)
Bundesrain 20
CH-3003 Berne
Tel: +41.31.322.11.20
Fax: +41.31.322.53.80
Period covered: 01/09/93 -
The preceding statement concerns Article(s): 23
Türkiye
13-12-2004
The Government of Turkey brings to the attention of the Secretariat that, due to a technical error on its part, the reservations and declarations were only transmitted to the Secretary General after depositing the instrument of ratification, while they were supposed to be submitted concurrently.
13-12-2004
The Government of Turkey brings to the attention of the Secretariat that, due to a
technical error on its part, the reservations and declarations were only transmitted
to the Secretary General after depositing the instrument of ratification, while they
were supposed to be submitted concurrently.
The Republic of Turkey underlines the close connection among drug trafficking, organized
crime and terrorism, and declares that it expects the Convention to be applied to
the terrorist acts as mentioned in the Resolution No. 3, adopted at the 16th Conference
of European Ministers of Justice held in 1988.
In accordance with Article 2, paragraph 2, the Republic of Turkey declares that Article
2, paragraph 1, shall only apply to offences defined in its domestic legislation.
In accordance with Article 6, paragraph 4, the Republic of Turkey declares that Article
6, paragraph 1 shall only apply to offences defined in its domestic legislation.
In accordance with Article 14, paragraph 3, the Republic of Turkey declares that Article
14, paragraph 2, shall only apply to the extent that its application is compatible
with the constitutional principles and the basic legal concepts of the Republic of
Turkey.
In accordance with Article 21, paragraph 2, the Republic of Turkey declares that the
procedures set out in parts a and b of this paragraph concerning the transmission
and serving of judicial documents to persons affected by provisional measures and
confiscations shall be allowed in respect of persons in Turkish territory only when
they are provided for in Turkish legislation or in relevant international agreements
relating to mutual assistance in criminal matters between the Republic of Turkey and
the Party transmitting the judicial documents, otherwise the judicial documents shoud
be served through its central authority.
In accordance with Article 25, paragraph 3, the Republic of Turkey declares that requests
submitted to it and documents supporting such requests should be accompanied by a
translation into Turkish or English.
In accordance with Article 32, paragraph 2, the Republic of Turkey declares that information
or evidence provided by Turkish authorities under Chapter III of the Convention may
not, without the prior consent of the competent Turkish authorities, be used or transmitted
by the authorities of the requesting Party in investigations or proceedings other
than those specified in the requests.
In accordance with Article 23, paragraph 2, the Republic of Turkey declares that pursuant
to paragraph 1 of the same article, the central authority of the Republic of Turkey
is:
- Ministry of Justice
Milli Müdafaa Caddesi No. 22/8
06659 Bakanliklar /Ankara
Turkey
Ukraine
26-01-1998
Article 14, paragraph 2, of the Convention shall be applied only subject to the constitutional
principles and basic concepts of the legal system of Ukraine.
The requests and documents supporting such requests referred to in Article 25, paragraph
3, of the Convention have to be sent to Ukraine accompanied by a translation into
Ukrainian or into one of the official languages of the Council of Europe, if they
are not written in these languages.
In accordance with Article 32, paragraph 2, of the Convention, Ukraine declares that
information or evidence provided by it under Chapter III of the Convention may not,
without its prior consent, be used or transmitted by the authorities of the requesting
Party in investigations or proceedings other than those specified in the request.
The Ministry of Justice of Ukraine (concerning judicial decisions) and the General
Prosecutor''s Office of Ukraine (concerning acts of procedure in criminal investigations)
are the central authorities designated to exercise the functions in accordance with
Article 23, paragraph 1, of the Convention.
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above Conventions, Protocols, Agreement, as applied to the aforementioned
occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility
of direct communication or interaction do not apply to the territorial organs of Ukraine
in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain
districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not
under control of Ukraine. The order of the relevant communication is determined by
the central authorities of Ukraine in Kyiv.
11-07-2019
Ukraine declares that the Ministry of Justice of Ukraine (concerning judicial decisions), the General Prosecutor’s Office of Ukraine (concerning acts of procedure in criminal investigations) and starting from 25 January 2015 the National Anti-corruption Bureau of Ukraine (concerning pre-trial investigations of criminal offences, within its competence, see details at https://nabu.gov.ua/en/competence) are the central authorities designated to exercise the functions in accordance with Article 23, paragraph 1, of the Convention.
19-04-2022
The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.
07-12-2023
[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council
of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale
invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further
clarif[ies] that international treaties mentioned therein are implemented on the territory
of Ukraine in full, with the exception of the territories where hostilities are (were)
conducted, or temporarily occupied by the Russian Federation, on which it is impossible
to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the
relevant treaties as a result of the armed aggression of the Russian Federation against
Ukraine, as well as the introduction of martial law on the territory of Ukraine until
the complete cessation of encroachment on the sovereignty, territorial integrity and
inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
United Kingdom
28-09-1992
In accordance with Article 14, paragraph 3 the United Kingdom declares that Article
14, paragraph 2 shall apply only subject to the constitutional principles and the
basic concepts of its legal systems.
In accordance with Article 21, paragraph 2 the United Kingdom declares that judicial
documents should be served only through its central authority. The central authority
for the United Kingdom is:
The United Kingdom Central Authority for Mutual Legal
Assistance in Criminal Matters
C7 Division
Home Office
50 Queen Anne's Gate
London SW1H 9AT
In accordance with Article 25, paragraph 3 the United Kingdom declares that it reserves
the right to require that requests made to it and documents supporting such requests
be accompanied by a translation into English.
The central authority of the United Kingdom designated in pursuance of Article 23,
paragraph 1 is The United Kingdom Central Authority for Mutual Legal Assistance in
Criminal Matters, C7 Division, Home Office, 50 Queen Anne's Gate, London SW1H 9AT.
19-01-1995
In accordance with Article 14, paragraph 3 the United Kingdom declares that Article
14, paragraph 2 shall apply to the Isle of Man only subject to the constitutional
principles and the basic concepts of its legal system.
In accordance with Article 21, paragraph 2 the United Kingdom declares that judicial
documents for the Isle of Man should be served only through its central authority.
The central authority for the Isle of Man is:
HM Attorney General
Attorney General's Chambers
Douglas
Isle of Man
The central authority of the United Kingdom designated in pursuance of Article 23,
paragraph 1 for the Isle of Man is:
HM Attorney General
Attorney General's Chambers
Douglas
Isle of Man
In accordance with Article 25, paragraph 3 the United Kingdom declares that it reserves
the right to require that requests made to the central authority of the Isle of Man
and documents supporting such requests be accompanied by a translation into English.
24-09-2002
In accordance with Article 14, paragraph 3, of the Convention, the United Kingdom
declares that Article 14, paragraph 2, of the Convention shall apply to the Bailiwick
of Guernsey subject to the constitutional principles and the basic concepts of its
legal system.
In accordance with Article 21, paragraph 2, of the Convention, the United Kingdom
declares that judicial documents for the Bailiwick of Guernsey should be served only
through its central authority. The central authority for the Bailiwick of Guernsey
is : HM Attorney General, ST. James Chambers, St. Peter Port, Guernsey, GY1 2PA.
The central authority of the United Kingdom designated in pursuance of Article 23,
paragraph 1, of the Convention for the Bailiwick of Guernsey is: HM Attorney General,
ST. James Chambers, St. Peter Port, Guernsey, GY1 2PA.
In accordance with Article 25, paragraph 3, of the Convention, the United Kingdom
declares that it reserves the right to require that requests made to the central authority
of the Bailiwick of Guernsey and documents supporting such requests be accompanied
by a translation into English.
04-12-2014
The declaration of central authorities made by the United Kingdom in accordance with
Article 23(1) of the Convention, registered at the Secretariat General on 28 September
1992, is updated as follows:
1. For the purpose of sending, answering and executing requests relating to England
and Wales and Northern Ireland, the central authority for criminal requests is the
Home Office.
United Kingdom Central Authority,
Judicial Cooperation Unit,
Home Office,
Seacole Building, 2 Marsham Street, London, SW1P 4DF
Tel: +44 (0)207 035 4040
Fax: +44 (0)207 035 6985
Email: ukca-ilor@homeoffice.gsi.gov.uk
2. For the purpose of sending, answering and executing requests relating to England
and Wales and Northern Ireland, the central authority for non-conviction based asset
recovery is the Home Office.
Criminal Finances
Strategic Centre for Organised Crime - Pursue
Office for Security and Counter-Terrorism
Home Office
Sixth Floor, Peel Building, 2 Marsham Street, London, SW1P 4DF
Tel: +44 (0)20 7035 1559
Email: Stephen.Goadby@homeoffice.gsi.gov.uk
3. For the purpose of answering and executing requests relating to tax matters and
fiscal customs matters in England and Wales and Northern Ireland the central authority
is HM Revenue and Customs (HMRC).
Mutual Legal Assistance
HMRC
Room 2E10, 100 Parliament Street, London, SW1A 2BQ
Fax: +44 (0) 3000 586908
Email: mla@hmrc.gsi.gov.uk
4. For the purposes of sending, answering requests and transmission of them to the
authorities competent for their execution in Scotland, the central authority is the
Crown Office and Procurator Fiscal Service.
International Co-operation Unit,
Crown Office
25 Chambers Street, Edinburgh, EH1 1LA
Tel: +44 (0)131 243 8152
Fax: +44 (0)131 243 8153
Email: coicu@copfs.gsi.gov.uk
09-01-2015
The Government of the United Kingdom of Great Britain and Northern Ireland declares
that, in accordance with Article 38 of the Convention on Laundering, Search, Seizure
and Confiscation of the Proceeds from Crime, the United Kingdom's ratification of
the Convention shall be extended to the territory of the Bailiwick of Jersey, for
whose international relations the United Kingdom is responsible. In accordance with
Article 14, paragraph 3, of the Convention, the Government of the United Kingdom declares
that for the Bailiwick of Jersey Article 14, paragraph 2, of the Convention shall
apply only subject to the constitutional principles and the basic concepts of the
Bailiwick of Jersey's legal system. In accordance with Article 21, paragraph 2, of
the Convention, the Government of the United Kingdom declares that for the Bailiwick
of Jersey, judicial documents should be served only through the Bailiwick of Jersey's
central authority. The central authority for the Bailiwick of Jersey shall be:
HM Attorney General
Law Officers' Department
Morier House
Halkett Place
St Helier
Jersey JE1 1DD
In accordance with Article 25, paragraph 3, of the Convention, the Government of the
United Kingdom declares that for the Bailiwick of Jersey requests made to the Bailiwick
of Jersey and documents supporting such requests must be accompanied by a translation
into English. Pursuant to Article 23, paragraph 1, of the Convention, the Government
of the United Kingdom declares that for the Bailiwick of Jersey the central authority
shall be:
HM Attorney General
Law Officers' Department
Morier House
Halkett Place
St Helier
Jersey JE1 1DD