THE PROGRESSIVE VOICE
OF REFORM
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UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
Adopted by the Conference at its 6th plenary meeting,
on 19 December 1988
The Parties to this Convention, Deeply concerned by the magnitude of and rising trend in the illicit production of, demand for and traffic in narcotic drugs and psychotropic substances, which pose a serious threat to the health and welfare of human beings and adversely affect the economic, cultural and political foundations of society, Deeply concerned also by the steadily increasing inroads into various social groups made by illicit traffic in narcotic drugs and psychotropic substances, and particularly by the fact that children are used in many parts of the world as an illicit drug consumers market and for purposes of illicit production, distribution and trade in narcotic drugs and psychotropic substances, which entails a danger of incalculable gravity, Recognizing the links between illicit traffic and other related organized criminal activities which undermine the legitimate economies and threaten the stability, security and sovereignty of States, Recognizing also that illicit traffic is an international criminal activity, the suppression of which demands urgent attention and the highest priority, Aware that illicit traffic generates large financial profits and wealth enabling transnational criminal organizations to penetrate, contaminate and corrupt the structures of government, legitimate commercial and financial business, and society at all its levels, Determined to deprive persons engaged in illicit traffic of the proceeds of their criminal activities and thereby eliminate their main incentive for so doing, Desiring to eliminate the root causes of the problem of abuse of narcotic drugs and psychotropic substances, including the illicit demand for such drugs and substances and the enormous profits derived from illicit traffic, Considering that measures are necessary to monitor certain substances, including precursors, chemicals and solvents, which are used in the m anufacture of narcotic drugs and psychotropic substances, the ready availability of which has led to an increase in the clandestine manufacture of such drugs and substances, Determined to improve international co-operation in the suppression of illicit traffic by sea, Recognizing that eradication of illicit traffic is a collective responsibility of all States and that, to that end, co-ordinated action within the framework of international co-operation is necessary, Acknowledging the competence of the United Nations in the field of control of narcotic drugs and psychotropic substances and desirous that the international organs concerned with such control should be within the framework of that Organization, Reaffirming the guiding principles of existing treaties in the field of narcotic drugs and psychotropic substances and the system of control which they embody, Recognizing the need to reinforce and supplement the measures provided in the Single Convention on Narcotic Drugs, 1961, that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961, and the 1971 Convention on Psychotropic Substances, in order to counter the magnitude and extent of illicit traffic and its grave consequences, Recognizing also the importance of strengthening and enhancing effective legal means for international co-operation in criminal matters for suppressing the international criminal activities of illicit traffic, Desiring to conclude a comprehensive, effective and operative international convention that is directed specifically against illicit traffic and that considers the various aspects of the problem as a whole, in particular those aspects not envisaged in the existing treaties in the field of narcotic drugs and psychotropic substances, Hereby agree as follows: Article 1 DEFINITIONS Except where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout this Convention: (a) "Board" means the International Narcotics Control Board established
by the Single Convention on Narcotic Drugs, 1961, and that Convention as
amended by the 1972 Protocol Amending the Single Convention on Narcotic
Drugs, 1961;(b) "Cannabis plant" means any plant of the genus Cannabis; (c) "Coca bush" means the plant of any species of the genus Erythroxylon; (d) "Commercial carrier" means any person or any public, private or other
entity engaged in transporting persons, goods or mails for remuneration,
hire or any other benefit; (e) "Commission" means the Commission on Narcotic Drugs of the Economic
and Social Council of the United Nations; (f) "Confiscation", which includes forfeiture where applicable, means
the permanent deprivation of property by order of a court or other
competent authority; (g) "Controlled delivery" means the technique of allowing illicit or
suspect consignments of narcotic drugs, psychotropic substances,
substances in Table I and Table II annexed to this Convention, or
substances substituted for them, to pass out of, through or into the
territory of one or more countries, with the knowledge and under the
supervision of their competent authorities, with a view to identifying
persons involved in the commission of offences established in accordance
with article 3, paragraph 1 of the Convention;(h) "1961 Convention" means the Single Convention on Narcotic Drugs,1961; (i) "1961 Convention as amended" means the Single Convention on Narcotic
Drugs, 1961, as amended by the 1972 Protocol Amending the Single
Convention on Narcotic Drugs, 1961; (j) "1971 Convention" means the Convention on Psychotropic Substances,
1971;(k)"Council" means the Economic and Social Council of the United Nations; (l)"Freezing" or "seizure" means temporarily prohibiting the transfer,
conversion, disposition or movement of property or temporarily assuming
custody or control of property on the basis of an order issued by a court
or a competent authority;
(m) "Illicit traffic" means the offences set forth in article 3,
paragraphs 1 and 2, of this Convention; (n) "Narcotic drug" means any of the substances, natural or synthetic,
in Schedules I and II of the Single Convention on Narcotic Drugs, 1961,
and that Convention as amended by the 1972 Protocol Amending the Single
Convention on Narcotic Drugs, 1961;(o) "Opium poppy" means the plant of the species Papaver somniferum L; (p) "Proceeds" means any property derived from or obtained, directly or
indirectly, through the commission of an offence established in
accordance with article 3, paragraph 1; (q) "Property" means assets of every kind, whether corporeal or
incorporeal, movable or immovable, tangible or intangible, and legal
documents or instruments evidencing title to, or interest in, such
assets; (r) "Psychotropic substance" means any substance, natural or synthetic,
or any natural material in Schedules I, II, III and IV of the Convention
on Psychotropic Substances, 1971;(s)"Secretary-General" means the Secretary-General of the United Nations; (t) "Table I" and "Table II" mean the correspondingly numbered lists of
substances annexed to this Convention, as amended from time to time in
accordance with article 12; (u) "Transit State" means a State through the territory of which illicit
narcotic drugs, psychotropic substances and substances in Table I and
Table II are being moved, which is neither the place of origin nor the
place of ultimate destination thereof.
Article 2 SCOPE OF THE CONVENTION 1. The purpose of this Convention is to promote co-operation among the
Parties so that they may address more effectively the various aspects of
illicit traffic in narcotic drugs and psychotropic substances having an
international dimension. In carrying out their obligations under the
Convention, the Parties shall take necessary measures, including
legislative and administrative measures, in conformity with the
fundamental provisions of their respective domestic legislative systems. 2. The Parties shall carry out their obligations under this Convention
in a manner consistent with the principles of sovereign equality and
territorial integrity of States and that of non-intervention in the
domestic affairs of other States. 3. A Party shall not undertake in the territory of another Party the
exercise of jurisdiction and performance of functions which are
exclusively reserved for the authorities of that other Party by its
domestic law.
Article 3 OFFENCES AND SANCTIONS 1. Each Party shall adopt such measures as may be necessary to establish
as criminal offences under its domestic law, when committed
intentionally: (a) (i)The production, manufacture, extraction, preparation, offering,
offering for sale, distribution, sale, delivery on any terms whatsoever,
brokerage, dispatch, dispatch in transit, transport, importation or
exportation of any narcotic drug or any psychotropic substance contrary
to the provisions of the 1961 Convention, the 1961 Convention as amended
or the 1971 Convention;
(ii)The cultivation of opium poppy, coca bush or cannabis plant for
the purpose of the production of narcotic drugs contrary to the
provisions of the 1961 Convention and the 1961 Convention as amended; (iii)The possession or purchase of any narcotic drug or psychotropic
substance for the purpose of any of the activities enumerated in (i)
above; (iv)The manufacture, transport or distribution of equipment, materials
or of substances listed in Table I and Table II, knowing that they
are to be used in or for the illicit cultivation, production or
manufacture of narcotic drugs or psychotropic substances; (v)The organization, management or financing of any of the offences
enumerated in (i), (ii), (iii) or (iv) above; (b) (i)The conversion or transfer of property, knowing that such property
is derived from any offence or offences established in accordance with
subparagraph (a) of this paragraph, or from an act of participation in
such offence or offences, for the purpose of concealing or disguising
the illicit origin of the property or of assisting any person who is
involved in the commission of such an offence or offences to evade the
legal consequences of his actions; (ii)The concealment or disguise of the true nature, source, location,
disposition, movement, rights with respect to, or ownership of
property, knowing that such property is derived from an offence or
offences established in accordance with subparagraph (a) of this
paragraph or from an act of participation in such an offence or
offences; (c) Subject to its constitutional principles and the basic concepts of
its legal system:
(i)The acquisition, possession or use of property, knowing, at the
time of receipt, that such property was derived from an offence or
offences established in accordance with subparagraph (a) of this
paragraph or from an act of participation in such offence or
offences; (ii)The possession of equipment or materials or substances listed in
Table I and Table II, knowing that they are being or are to be used
in or for the illicit cultivation, production or manufacture of
narcotic drugs or psychotropic substances; (iii)Publicly inciting or inducing others, by any means, to commit
any of the offences established in accordance with this article or to
use narcotic drugs or psychotropic substances illicitly; (iv)Participation in, association or conspiracy to commit, attempts
to commit and aiding, abetting, facilitating and counselling the
commission of any of the offences established in accordance with
this article. 2. Subject to its constitutional principles and the basic concepts of
its legal system, each Party shall adopt such measures as may be
necessary to establish as a criminal offence under its domestic law,
when committed intentionally, the possession, purchase or cultivation of
narcotic drugs or psychotropic substances for personal consumption
contrary to the provisions of the 1961 Convention, the 1961 Convention as
amended or the 1971 Convention. 3. Knowledge, intent or purpose required as an element of an offence
set forth in paragraph 1 of this article may be inferred from objective
factual circumstances. 4. (a) Each Party shall make the commission of the offences established
in accordance with paragraph 1 of this article liable to sanctions which
take into account the grave nature of these offences, such as imprisonment
or other forms of deprivation of liberty, pecuniary sanctions and
confiscation.
(b) The Parties may provide, in addition to conviction or punishment, for
an offence established in accordance with paragraph 1 of this article,
that the offender shall undergo measures such as treatment, education,
aftercare, rehabilitation or social reintegration. (c) Notwithstanding the preceding subparagraphs, in appropriate cases of
a minor nature, the Parties may provide, as alternatives to conviction or
punishment, measures such as education, rehabilitation or social
reintegration, as well as, when the offender is a drug abuser, treatment
and aftercare. (d) The Parties may provide, either as an alternative to conviction or
punishment, or in addition to conviction or punishment of an offence
established in accordance with paragraph 2 of this article, measures for
the treatment, education, aftercare, rehabilitation or social
reintegration of the offender. 5. The Parties shall ensure that their courts and other competent
authorities having jurisdiction can take into account factual
circumstances which make the commission of the offences established in
accordance with paragraph 1 of this article particularly serious, such as:
(a) The involvement in the offence of an organized criminal group to which
the offender belongs; (b) The involvement of the offender in other international organized
criminal activities; (c) The involvement of the offender in other illegal activities
facilitated by commission of the offence;(d) The use of violence or arms by the offender; (e) The fact that the offender holds a public office and that the offence
is connected with the office in question;
(f) The victimization or use of minors; (g) The fact that the offence is committed in a penal institution or in
an educational institution or social service facility or in their
immediate vicinity or in other places to which school children and
students resort for educational, sports and social activities; (h) Prior conviction, particularly for similar offences, whether foreign
or domestic, to the extent permitted under the domestic law of a Party. 6. The Parties shall endeavour to ensure that any discretionary legal
powers under their domestic law relating to the prosecution of persons
for offences established in accordance with this article are exercised to
maximize the effectiveness of law enforcement measures in respect of those
offences and with due regard to the need to deter the commission of such
offences. 7. The Parties shall ensure that their courts or other competent
authorities bear in mind the serious nature of the offences enumerated in
paragraph 1 of this article and the circumstances enumerated in paragraph
5 of this article when considering the eventuality of early release or
parole of persons convicted of such offences. 8. Each Party shall, where appropriate, establish under its domestic law
a long statute of limitations period in which to commence proceedings for
any offence established in accordance with paragraph 1 of this article,
and a longer period where the alleged offender has evaded the
administration of justice. 9. Each Party shall take appropriate measures, consistent with its legal
system, to ensure that a person charged with or convicted of an offence
established in accordance with paragraph 1 of this article, who is found
within its territory, is present at the necessary criminal proceedings. 10. For the purpose of co-operation among the Parties under this
Convention, including, in particular, co-operation under articles 5, 6, 7
and 9, offences established in accordance with this article shall not be
considered as fiscal offences or as political offences or regarded as
politically motivated, without prejudice to the constitutional limitations
and the fundamental domestic law of the Parties. 11. Nothing contained in this article shall affect the principle that the
description of the offences to which it refers and of legal defences
thereto is reserved to the domestic law of a Party and that such offences
shall be prosecuted and punished in conformity with that law.
Article 4 JURISDICTION 1. Each Party: (a) Shall take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance with
article 3, paragraph 1, when:(i)The offence is committed in its territory; (ii)The offence is committed on board a vessel flying its flag or an
aircraft which is registered under its laws at the time the offence is
committed; (b) May take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance with
article 3, paragraph 1, when: (i)The offence is committed by one of its nationals or by a person
who has his habitual residence in its territory; (ii)The offence is committed on board a vessel concerning which that
Party has been authorized to take appropriate action pursuant to
article 17, provided that such jurisdiction shall be exercised only
on the basis of agreements or arrangements referred to in paragraphs
4 and 9 of that article; (iii)The offence is one of those established in accordance with
article 3, paragraph 1, subparagraph (c)(iv), and is committed outside
its territory with a view to the commission, within its territory, of
an offence established in accordance with article 3, paragraph 1.2. Each Party: (a) Shall also take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance with
article 3, paragraph 1, when the alleged offender is present in its
territory and it does not extradite him to another Party on the ground: (i)That the offence has been committed in its territory or on board
a vessel flying its flag or an aircraft which was registered under
its law at the time the offence was committed; or
(ii)That the offence has been committed by one of its nationals; (b) May also take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance with
article 3, paragraph 1, when the alleged offender is present in its
territory and it does not extradite him to another Party. 3. This Convention does not exclude the exercise of any criminal
jurisdiction established by a Party in accordance with its domestic law.
Article 5 CONFISCATION 1. Each Party shall adopt such measures as may be necessary to enable
confiscation of: (a) Proceeds derived from offences established in accordance with article
3, paragraph 1, or property the value of which corresponds to that of such
proceeds; (b) Narcotic drugs and psychotropic substances, materials and equipment or
other instrumentalities used in or intended for use in any manner in
offences established in accordance with article 3, paragraph 1. 2. Each Party shall also adopt such measures as may be necessary to
enable its competent authorities to identify, trace, and freeze or seize
proceeds, property, instrumentalities or any other things referred to in
paragraph 1 of this article, for the purpose of eventual confiscation. 3. In order to carry out the measures referred to in this article, each
Party shall empower its courts or other competent authorities to order
that bank, financial or commercial records be made available or be seized. A Party shall not decline to act under the provisions of this paragraph on the ground of bank secrecy. 4. (a) Following a request made pursuant to this article by another Party
having jurisdiction over an offence established in accordance with article
3, paragraph l, the Party in whose territory proceeds, property,
instrumentalities or any other things referred to in paragraph l of this
article are situated shall: (i)Submit the request to its competent authorities for the purpose
of obtaining an order of confiscation and, if such order is granted,
give effect to it; or (ii)Submit to its competent authorities, with a view to giving effect
to it to the extent requested, an order of confiscation issued by
the requesting Party in accordance with paragraph l of this article,
in so far as it relates to proceeds, property, instrumentalities or
any other things referred to in paragraph l situated in the
territory of the requested Party. (b) Following a request made pursuant to this article by another Party
having jurisdiction over an offence established in accordance with article
3, paragraph l, the requested Party shall take measures to identify, trace,
and freeze or seize proceeds, property, instrumentalities or any other
things referred to in paragraph l of this article for the purpose of
eventual confiscation to be ordered either by the requesting Party or,
pursuant to a request under subparagraph (a) of this paragraph, by the
requested Party. (c) The decisions or actions provided for in subparagraphs (a) and (b)
of this paragraph shall be taken by the requested Party, in accordance
with and subject to the provisions of its domestic law and its procedural
rules or any bilateral or multilateral treaty, agreement or arrangement to
which it may be bound in relation to the requesting Party. (d) The provisions of article 7, paragraphs 6 to 19 are applicable mutatis
mutandis. In addition to the information specified in article 7, paragraph
10, requests made pursuant to this article shall contain the following: (i)In the case of a request pertaining to subparagraph (a)(i) of this
paragraph, a description of the property to be confiscated and a
statement of the facts relied upon by the requesting Party sufficient
to enable the requested Party to seek the order under its domestic
law; (ii)In the case of a request pertaining to subparagraph (a)(ii), a
legally admissible copy of an order of confiscation issued by the
requesting Party upon which the request is based, a statement of the
facts and information as to the extent to which the execution of the
order is requested; (iii)In the case of a request pertaining to subparagraph (b), a
statement of the facts relied upon by the requesting Party and a
description of the actions requested. (e) Each Party shall furnish to the Secretary-General the text of any of
its laws and regulations which give effect to this paragraph and the text
of any subsequent changes to such laws and regulations. (f) If a Party elects to make the taking of the measures referred to in
subparagraphs (a) and (b) of this paragraph conditional on the existence
of a relevant treaty, that Party shall consider this Convention as the
necessary and sufficient treaty basis. (g) The Parties shall seek to conclude bilateral and multilateral
treaties, agreements or arrangements to enhance the effectiveness of
international co-operation pursuant to this article. 5. (a) Proceeds or property confiscated by a Party pursuant to paragraph
1 or paragraph 4 of this article shall be disposed of by that Party
according to its domestic law and administrative procedures. (b) When acting on the request of another Party in accordance with this
article, a Party may give special consideration to concluding agreements
on: (i)Contributing the value of such proceeds and property, or funds
derived from the sale of such proceeds or property, or a substantial
part thereof, to intergovernmental bodies specializing in the fight
against illicit traffic in and abuse of narcotic drugs and
psychotropic substances; (ii)Sharing with other Parties, on a regular or case-by-case basis,
such proceeds or property, or funds derived from the sale of such
proceeds or property, in accordance with its domestic law,
administrative procedures or bilateral or multilateral agreements
entered into for this purpose. 6. (a) If proceeds have been transformed or converted into other
property, such property shall be liable to the measures referred to in
this article instead of the proceeds. (b) If proceeds have been intermingled with property acquired from
legitimate sources, such property shall,without prejudice to any powers
relating to seizure or freezing, be liable to confiscation up to the
assessed value of the intermingled proceeds.(c) Income or other benefits derived from: (i)Proceeds; (ii)Property into which proceeds have been transformed or converted; or (iii)Property with which proceeds have been intermingled shall also be
liable to the measures referred to in this article, in the same manner
and to the same extent as proceeds. 7. Each Party may consider ensuring that the onus of proof be reversed
regarding the lawful origin of alleged proceeds or other property liable
to confiscation, to the extent that such action is consistent with the
principles of its domestic law and with the nature of the judicial and
other proceedings. 8. The provisions of this article shall not be construed as prejudicing
the rights of bona fide third parties. 9. Nothing contained in this article shall affect the principle that the
measures to which it refers shall be defined and implemented in accordance
with and subject to the provisions of the domestic law of a Party.
Article 6 EXTRADITION 1. This article shall apply to the offences established by the Parties in
accordance with article 3, paragraph 1. 2. Each of the offences to which this article applies shall be deemed to
be included as an extraditable offence in any extradition treaty existing
between Parties. The Parties undertake to include such offences as
extraditable offences in every extradition treaty to be concluded between
them. 3. If a Party which makes extradition conditional on the existence of a
treaty receives a request for extradition from another Party with which it
has no extradition treaty, it may consider this Convention as the legal
basis for extradition in respect of any offence to which this article
applies. The Parties which require detailed legislation in order to use
this Convention as a legal basis for extradition shall consider enacting
such legislation as may be necessary. 4. The Parties which do not make extradition conditional on the existence
of a treaty shall recognize offences to which this article applies as
extraditable offences between themselves. 5. Extradition shall be subject to the conditions provided for by the law
of the requested Party or by applicable extradition treaties, including
the grounds upon which the requested Party may refuse extradition. 6. In considering requests received pursuant to this article, the
requested State may refuse to comply with such requests where there are
substantial grounds leading its judicial or other competent authorities to
believe that compliance would facilitate the prosecution or punishment of
any person on account of his race, religion, nationality or political
opinions, or would cause prejudice for any of those reasons to any person
affected by the request.
7. The Parties shall endeavour to expedite extradition procedures and to
simplify evidentiary requirements relating thereto in respect of any
offence to which this article applies. 8. Subject to the provisions of its domestic law and its extradition
treaties, the requested Party may, upon being satisfied that the
circumstances so warrant and are urgent, and at the request of the
requesting Party, take a person whose extradition is sought and who is
present in its territory into custody or take other appropriate measures
to ensure his presence at extradition proceedings. 9. Without prejudice to the exercise of any criminal jurisdiction
established in accordance with its domestic law, a Party in whose
territory an alleged offender is found shall: (a) If it does not extradite him in respect of an offence established in
accordance with article 3, paragraph 1, on the grounds set forth in
article 4, paragraph 2, subparagraph (a), submit the case to its competent
authorities for the purpose of prosecution, unless otherwise agreed with
the requesting Party; (b) If it does not extradite him in respect of such an offence and has
established its jurisdiction in relation to that offence in accordance
with article 4, paragraph 2, subparagraph (b), submit the case to its
competent authorities for the purpose of prosecution, unless otherwise
requested by the requesting Party for the purposes of preserving its
legitimate jurisdiction. 10. If extradition, sought for purposes of enforcing a sentence, is
refused because the person sought is a national of the requested Party,
the requested Party shall, if its law so permits and in conformity with
the requirements of such law, upon application of the requesting Party,
consider the enforcement of the sentence which has been imposed under the
law of the requesting Party, or the remainder thereof. 11. The Parties shall seek to conclude bilateral and multilateral
agreements to carry out or to enhance the effectiveness of extradition.
12. The Parties may consider entering into bilateral or multilateral
agreements, whether ad hoc or general, on the transfer to their country of
persons sentenced to imprisonment and other forms of deprivation of
liberty for offences to which this article applies, in order that they may
complete their sentences there.
Article 7 MUTUAL LEGAL ASSISTANCE 1. The Parties shall afford one another, pursuant to this article, the
widest measure of mutual legal assistance in investigations, prosecutions
and judicial proceedings in relation to criminal offences established in
accordance with article 3, paragraph 1. 2. Mutual legal assistance to be afforded in accordance with this article
may be requested for any of the following purposes:(a) Taking evidence or statements from persons; (b) Effecting service of judicial documents; (c) Executing searches and seizures; (d) Examining objects and sites; (e) Providing information and evidentiary items; (f) Providing originals or certified copies of relevant documents and
records, including bank, financial, corporate or business records; (g) Identifying or tracing proceeds, property, instrumentalities or other
things for evidentiary purposes.
3. The Parties may afford one another any other forms of mutual legal
assistance allowed by the domestic law of the requested Party. 4. Upon request, the Parties shall facilitate or encourage, to the extent
consistent with their domestic law and practice, the presence or
availability of persons, including persons in custody, who consent to
assist in investigations or participate in proceedings. 5. A Party shall not decline to render mutual legal assistance under
this article on the ground of bank secrecy. 6. The provisions of this article shall not affect the obligations under
any other treaty, bilateral or multilateral, which governs or will govern,
in whole or in part, mutual legal assistance in criminal matters. 7. Paragraphs 8 to 19 of this article shall apply to requests made
pursuant to this article if the Parties in question are not bound by a
treaty of mutual legal assistance. If these Parties are bound by such a
treaty, the corresponding provisions of that treaty shall apply unless the
Parties agree to apply paragraphs 8 to 19 of this article in lieu thereof. 8. Parties shall designate an authority, or when necessary authorities,
which shall have the responsibility and power to execute requests for
mutual legal assistance or to transmit them to the competent authorities
for execution. The authority or the authorities designated for this
purpose shall be notified to the Secretary-General. Transmission of
requests for mutual legal assistance and any communication related thereto
shall be effected between the authorities designated by the Parties; this
requirement shall be without prejudice to the right of a Party to require
that such requests and communications be addressed to it through the
diplomatic channel and, in urgent circumstances, where the Parties agree,
through channels of the International Criminal Police Organization, if
possible. 9. Requests shall be made in writing in a language acceptable to the
requested Party. The language or languages acceptable to each Party shall
be notified to the Secretary-General. In urgent circumstances, and where
agreed by the Parties, requests may be made orally, but shall be confirmed
in writing forthwith.10. A request for mutual legal assistance shall contain: (a) The identity of the authority making the request; (b) The subject matter and nature of the investigation, prosecution or
proceeding to which the request relates, and the name and the functions of
the authority conducting such investigation, prosecution or proceeding; (c) A summary of the relevant facts, except in respect of requests for the
purpose of service of judicial documents; (d) A description of the assistance sought and details of any particular
procedure the requesting Party wishes to be followed; (e) Where possible, the identity, location and nationality of any person
concerned;(f) The purpose for which the evidence, information or action is sought. 11. The requested Party may request additional information when it appears
necessary for the execution of the request in accordance with its domestic
law or when it can facilitate such execution. 12. A request shall be executed in accordance with the domestic law of the
requested Party and, to the extent not contrary to the domestic law of the
requested Party and where possible, in accordance with the procedures
specified in the request. 13. The requesting Party shall not transmit nor use information or
evidence furnished by the requested Party for investigations, prosecutions
or proceedings other than those stated in the request without the prior
consent of the requested Party.
14. The requesting Party may require that the requested Party keep
confidential the fact and substance of the request, except to the extent
necessary to execute the request. If the requested Party cannot comply
with the requirement of confidentiality, it shall promptly inform the
requesting Party.l5. Mutual legal assistance may be refused: (a) If the request is not made in conformity with the provisions of this
article; (b) If the requested Party considers that execution of the request is
likely to prejudice its sovereignty, security, ordre public or other
essential interests; (c) If the authorities of the requested Party would be prohibited by its
domestic law from carrying out the action requested with regard to any
similar offence, had it been subject to investigation, prosecution or
proceedings under their own jurisdiction; (d) If it would be contrary to the legal system of the requested Party
relating to mutual legal assistance for the request to be granted.16. Reasons shall be given for any refusal of mutual legal assistance. 17. Mutual legal assistance may be postponed by the requested Party on
the ground that it interferes with an ongoing investigation, prosecution
or proceeding. In such a case, the requested Party shall consult with the
requesting Party to determine if the assistance can still be given subject
to such terms and conditions as the requested Party deems necessary. 18. A witness, expert or other person who consents to give evidence in a
proceeding or to assist in an investigation, prosecution or judicial
proceeding in the territory of the requesting Party, shall not be
prosecuted, detained, punished or subjected to any other restriction of
his personal liberty in that territory in respect of acts, omissions or
convictions prior to his departure from the territory of the requested
Party. Such safe conduct shall cease when the witness, expert or other
person having had, for a period of fifteen consecutive days, or for any
period agreed upon by the Parties, from the date on which he has been
officially informed that his presence is no longer required by the judicial
authorities, an opportunity ofleaving, has nevertheless remained
voluntarily in the territory or, having left it, has returned of his own
free will. 19. The ordinary costs of executing a request shall be borne by the
requested Party, unless otherwise agreed by the Parties concerned. If
expenses of a substantial or extraordinary nature are or will be required
to fulfil the request, the Parties shall consult to determine the terms
and conditions under which the request will be executed as well as the
manner in which the costs shall be borne. 20. The Parties shall consider, as may be necessary, the possibility of
concluding bilateral or multilateral agreements or arrangements that
would serve the purposes of, give practical effect to, or enhance the
provisions of this article.
Article 8 TRANSFER OF PROCEEDINGS The Parties shall give consideration to the possibility of transferring to
one another proceedings for criminal prosecution of offences established
in accordance with article 3, paragraph 1, in cases where such transfer is
considered to be in the interests of a proper administration of justice.
Article 9 OTHER FORMS OF CO-OPERATION AND TRAINING 1. The Parties shall co-operate closely with one another, consistent
with their respective domestic legal and administrative systems, with a
view to enhancing the effectiveness of law enforcement action to suppress
the commission of offences established in accordance with article 3,
paragraph 1. They shall, in particular, on the basis of bilateral or
multilateral agreements or arrangements: (a) Establish and maintain channels of communication between their
competent agencies and services to facilitate the secure and rapid
exchange of information concerning all aspects of offences established
in accordance with article 3, paragraph 1, including, if the Parties
concerned deem it appropriate, links with other criminal activities; (b) Co-operate with one another in conducting enquiries, with respect to
offences established in accordance with article 3, paragraph 1, having an
international character, concerning: (i)The identity, whereabouts and activities of persons suspected of
being involved in offences established in accordance with article 3,
paragraph 1; (ii)The movement of proceeds or property derived from the commission
of such offences; (iii)The movement of narcotic drugs, psychotropic substances, substances
in Table I and Table II of this Convention and instrumentalities used
or intended for use in the commission of such offences; (c) In appropriate cases and if not contrary to domestic law, establish
joint teams, taking into account the need to protect the security of
persons and of operations, to carry out the provisions of this paragraph.
Officials of any Party taking part in such teams shall act as authorized
by the appropriate authorities of the Party in whose territory the
operation is to take place; in all such cases, the Parties involved shall
ensure that the sovereignty of the Party on whose territory the operation
is to take place is fully respected; (d) Provide, when appropriate, necessary quantities of substances for
analytical or investigative purposes; (e) Facilitate effective co-ordination between their competent agencies
and services and promote the exchange of personnel and other experts,
including the posting of liaison officers. 2. Each Party shall, to the extent necessary, initiate, develop or
improve specific training programmes for its law enforcement and other
personnel, including customs, charged with the suppression of offences
established in accordance with article 3, paragraph 1. Such programmes
shall deal, in particular, with the following: (a) Methods used in the detection and suppression of offences established
in accordance with article 3, paragraph 1; (b) Routes and techniques used by persons suspected of being involved in
offences established in accordance with article 3, paragraph 1,
particularly in transit States, and appropriate countermeasures; (c) Monitoring of the import and export of narcotic drugs, psychotropic
substances and substances in Table I and Table II; (d) Detection and monitoring of the movement of proceeds and property
derived from, and narcotic drugs, psychotropic substances and substances
in Table I and Table II, and instrumentalities used or intended for use in,
the commission of offences established in accordance with article 3,
paragraph 1; (e) Methods used for the transfer, concealment or disguise of such
proceeds, property and instrumentalities;
(f) Collection of evidence; (g) Control techniques in free trade zones and free ports; (h) Modern law enforcement techniques. 3. The Parties shall assist one another to plan and implement research
and training programmes designed to share expertise in the areas referred
to in paragraph 2 of this article and, to this end, shall also, when
appropriate, use regional and international conferences and seminars to
promote co-operation and stimulate discussion on problems of mutual
concern, including the special problems and needs of transit States.
Article 10 INTERNATIONAL CO-OPERATION AND ASSISTANCE FOR TRANSIT STATES 1. The Parties shall co-operate, directly or through competent
international or regional organizations, to assist and support transit
States and, in particular, developing countries in need of such assistance
and support, to the extent possible, through programmes of technical
co-operation on interdiction and other related activities. 2. The Parties may undertake, directly or through competent international
or regional organizations, to provide financial assistance to such transit
States for the purpose of augmenting and strengthening the infrastructure
needed for effective control and prevention of illicit traffic. 3. The Parties may conclude bilateral or multilateral agreements or
arrangements to enhance the effectiveness of international co-operation
pursuant to this article and may take into consideration financial
arrangements in this regard.
Article 11 CONTROLLED DELIVERY 1. If permitted by the basic principles of their respective domestic
legal systems, the Parties shall take the necessary measures, within their
possibilities, to allow for the appropriate use of controlled delivery at
the international level, on the basis of agreements or arrangements
mutually consented to, with a view to identifying persons involved in
offences established in accordance with article 3, paragraph 1, and to
taking legal action against them. 2. Decisions to use controlled delivery shall be made on a case-by-case
basis and may, when necessary, take into consideration financial
arrangements and understandings with respect to the exercise of
jurisdiction by the Parties concerned. 3. Illicit consignments whose controlled delivery is agreed to may, with
the consent of the Parties concerned, be intercepted and allowed to
continue with the narcotic drugs or psychotropic substances intact or
removed or replaced in whole or in part.
Article 12 SUBSTANCES FREQUENTLY USED IN THE ILLICIT
MANUFACTURE OF NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES 1. The Parties shall take the measures they deem appropriate to prevent
diversion of substances in Table I and Table II used for the purpose of
illicit manufacture of narcotic drugs or psychotropic substances, and
shall co-operate with one another to this end. 2. If a Party or the Board has information which in its opinion may
require the inclusion of a substance in Table I or Table II, it shall
notify the Secretary-General and furnish him with the information in
support of that notification. The procedure described in paragraphs 2 to
7 of this article shall also apply when a Party or the Board has
information justifying the deletion of a substance from Table I or Table
II, or the transfer of a substance from one Table to the other. 3. The Secretary-General shall transmit such notification, and any
information which he considers relevant, to the Parties, to the Commission,
and, where notification is made by a Party, to the Board. The Parties
shall communicate their comments concerning the notification to the
Secretary-General, together with all supplementary information which may
assist the Board in establishing an assessment and the Commission in
reaching a decision. 4. If the Board, taking into account the extent, importance and diversity
of the licit use of the substance, and the possibility and ease of using
alternate substances both for licit purposes and for the illicit
manufacture of narcotic drugs or psychotropic substances, finds: (a) That the substance is frequently used in the illicit manufacture of a
narcotic drug or psychotropic substance; (b) That the volume and extent of the illicit manufacture of a narcotic
drug or psychotropic substance creates serious public health or social
problems, so as to warrant international action, it shall communicate to
the Commission an assessment of the substance, including the likely effect
of adding the substance to either Table I or Table II on both licit use and
illicit manufacture, together with recommendations of monitoring measures,
if any, that would be appropriate in the light of its assessment. 5. The Commission, taking into account the comments submitted by the
Parties and the comments and recommendations of the Board, whose
assessment shall be determinative as to scientific matters, and also
taking into due consideration any other relevant factors, may decide by a
two-thirds majority of its members to place a substance in Table I or
Table II.
6. Any decision of the Commission taken pursuant to this article shall
be communicated by the Secretary-General to all States and other entities
which are, or which are entitled to become, Parties to this Convention,
and to the Board. Such decision shall become fully effective with respect
to each Party one hundred and eighty days after the date of such
communication. 7. (a) The decisions of the Commission taken under this article shall be
subject to review by the Council upon the request of any Party filed
within one hundred and eighty days after the date of notification of the
decision. The request for review shall be sent to the Secretary-General,
together with all relevant information upon which the request for review
is based. (b) The Secretary-General shall transmit copies of the request for review
and the relevant information to the Commission, to the Board and to all
the Parties, inviting them to submit their comments within ninety days.
All comments received shall be submitted to the Council for consideration. (c) The Council may confirm or reverse the decision of the Commission.
Notification of the Council's decision shall be transmitted to all States
and other entities which are, or which are entitled to become, Parties to
this Convention, to the Commission and to the Board. 8. (a) Without prejudice to the generality of the provisions contained
in paragraph 1 of this article and the provisions of the 1961 Convention,
the 1961 Convention as amended and the 1971 Convention, the Parties shall
take the measures they deem appropriate to monitor the manufacture and
distribution of substances in Table I and Table II which are carried out
within their territory.(b) To this end, the Parties may: (i)Control all persons and enterprises engaged in the manufacture
and distribution of such substances; (ii)Control under licence the establishment and premises in which
such manufacture or distribution may take place;
(iii)Require that licensees obtain a permit for conducting the
aforesaid operations; (iv)Prevent the accumulation of such substances in the possession
of manufacturers and distributors, in excess of the quantities required
for the normal conduct of business and the prevailing market
conditions. 9. Each Party shall, with respect to substances in Table I and Table II,
take the following measures: (a) Establish and maintain a system to monitor international trade in
substances in Table I and Table II in order to facilitate the
identification of suspicious transactions. Such monitoring systems
shall be applied in close co-operation with manufacturers, importers,
exporters, wholesalers and retailers, who shall inform the competent
authorities of suspicious orders and transactions. (b) Provide for the seizure of any substance in Table I or Table II
if there is sufficient evidence that it is for use in the illicit
manufacture of a narcotic drug or psychotropic substance. (c) Notify, as soon as possible, the competent authorities and services
of the Parties concerned if there is reason to believe that the import,
export or transit of a substance in Table I or Table II is destined for
the illicit manufacture of narcotic drugs or psychotropic substances,
including in particular information about the means of payment and any
other essential elements which led to that belief. (d) Require that imports and exports be properly labelled and documented.
Commercial documents such as invoices, cargo manifests, customs,
transport and other shipping documents shall include the names, as
stated in Table I or Table II, of the substances being imported or
exported, the quantity being imported or exported, and the name and
address of the exporter, the importer and, when available, the consignee.
(e) Ensure that documents referred to in subparagraph (d) of this
paragraph are maintained for a period of not less than two years and
may be made available for inspection by the competent authorities. 10. (a) In addition to the provisions of paragraph 9, and upon request
to the Secretary-General by the interested Party, each Party from whose
territory a substance in Table I is to be exported shall ensure that,
prior to such export, the following information is supplied by its
competent authorities to the competent authorities of the importing
country: (i)Name and address of the exporter and importer and, when available,
the consignee;(ii)Name of the substance in Table I; (iii)Quantity of the substance to be exported; (iv)Expected point of entry and expected date of dispatch; (v)Any other information which is mutually agreed upon by the
Parties. (b) A Party may adopt more strict or severe measures of control than
those provided by this paragraph if, in its opinion, such measures are
desirable or necessary. 11. Where a Party furnishes information to another Party in accordance
with paragraphs 9 and 10 of this article, the Party furnishing such
information may require that the Party receiving it keep confidential any
trade, business, commercial or professional secret or trade process. 12. Each Party shall furnish annually to the Board, in the form and manner
provided for by it and on forms made available by it, information on: (a) The amounts seized of substances in Table I and Table II and, when
known, their origin;
(b) Any substance not included in Table I or Table II which is identified
as having been used in illicit manufacture of narcotic drugs or
psychotropic substances, and which is deemed by the Party to be
sufficiently significant to be brought to the attention of the Board;(c) Methods of diversion and illicit manufacture. 13. The Board shall report annually to the Commission on the
implementation of this article and the Commission shall periodically
review the adequacy and propriety of Table I and Table II. 14. The provisions of this article shall not apply to pharmaceutical
preparations, nor to other preparations containing substances in Table I
or Table II that are compounded in such a way that such substances cannot
be easily used or recovered by readily applicable means.
Article 13 MATERIALS AND EQUIPMENT The Parties shall take such measures as they deem appropriate to prevent
trade in and the diversion of materials and equipment for illicit
production or manufacture of narcotic drugs and psychotropic substances
and shall co-operate to this end.
Article 14 MEASURES TO ERADICATE ILLICIT CULTIVATION OF NARCOTIC
PLANTS AND TO ELIMINATE ILLICIT DEMAND FOR
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES 1. Any measures taken pursuant to this Convention by Parties shall not
be less stringent than the provisions applicable to the eradication of
illicit cultivation of plants containing narcotic and psychotropic
substances and to the elimination of illicit demand for narcotic drugs
and psychotropic substances under the provisions of the 1961 Convention,
the 1961 Convention as amended and the 1971 Convention. 2. Each Party shall take appropriate measures to prevent illicit
cultivation of and to eradicate plants containing narcotic or
psychotropic substances, such as opium poppy, coca bush and cannabis
plants, cultivated illicitly in its territory. The measures adopted
shall respect fundamental human rights and shall take due account of
traditional licit uses, where there is historic evidence of such use,
as well as the protection of the environment. 3. (a) The Parties may co-operate to increase the effectiveness of
eradication efforts. Such co-operation may, inter alia, include support,
when appropriate, for integrated rural development leading to economically
viable alternatives to illicit cultivation. Factors such as access to
markets, the availability of resources and prevailing socio-economic
conditions should be taken into account before such rural development
programmes are implemented. The Parties may agree on any other
appropriate measures of co-operation. (b) The Parties shall also facilitate the exchange of scientific and
technical information and the conduct of research concerning eradication. (c) Whenever they have common frontiers, the Parties shall seek to
co-operate in eradication programmes in their respective areas along those
frontiers. 4. The Parties shall adopt appropriate measures aimed at eliminating or
reducing illicit demand for narcotic drugs and psychotropic substances,
with a view to reducing human suffering and eliminating financial
incentives for illicit traffic. These measures may be based, inter alia,
on the recommendations of the United Nations, specialized agencies of the
United Nations such as the World Health Organization, and other competent
international organizations, and on the Comprehensive Multidisciplinary
Outline adopted by the International Conference on Drug Abuse and Illicit
Trafficking, held in 1987, as it pertains to governmental and
non-governmental agencies and private efforts in the fields of prevention,
treatment and rehabilitation. The Parties may enter into bilateral or
multilateral agreements or arrangements aimed at eliminating or reducing
illicit demand for narcotic drugs and psychotropic substances. 5. The Parties may also take necessary measures for early destruction or
lawful disposal of the narcotic drugs, psychotropic substances and
substances in Table I and Table II which have been seized or confiscated
and for the admissibility as evidence of duly certified necessary quantities
of such substances.
Article 15 COMMERCIAL CARRIERS 1. The Parties shall take appropriate measures to ensure that means of
transport operated by commercial carriers are not used in the commission
of offences established in accordance with article 3, paragraph 1;
such measures may include special arrangements with commercial carriers. 2. Each Party shall require commercial carriers to take reasonable
precautions to prevent the use of their means of transport for the
commission of offences established in accordance with article 3,
paragraph 1. Such precautions may include: (a) If the principal place of business of a commercial carrier is within
the territory of the Party: (i)Training of personnel to identify suspicious consignments or
persons;(ii)Promotion of integrity of personnel; (b) If a commercial carrier is operating within the territory of the
Party:
(i)Submission of cargo manifests in advance, whenever possible; (ii)Use of tamper-resistant, individually verifiable seals on
containers; (iii)Reporting to the appropriate authorities at the earliest
opportunity all suspicious circumstances that may be related to the
commission of offences established in accordance with article 3,
paragraph 1. 3. Each Party shall seek to ensure that commercial carriers and the
appropriate authorities at points of entry and exit and other customs
control areas co-operate, with a view to preventing unauthorized access
to means of transport and cargo and to implementing appropriate security
measures.
Article 16 COMMERCIAL DOCUMENTS AND LABELLING OF EXPORTS 1. Each Party shall require that lawful exports of narcotic drugs and
psychotropic substances be properly documented. In addition to the
requirements for documentation under article 31 of the 1961 Convention,
article 31 of the 1961 Convention as amended and article 12 of the 1971
Convention, commercial documents such as invoices, cargo manifests, customs,
transport and other shipping documents shall include the names of the
narcotic drugs and psychotropic substances being exported as set out in
the respective Schedules of the 1961 Convention, the 1961 Convention as
amended and the 1971 Convention, the quantity being exported, and the name
and address of the exporter, the importer and, when available, the consignee.
2. Each Party shall require that consignments of narcotic drugs and
psychotropic substances being exported be not mislabelled.
Article 17 ILLICIT TRAFFIC BY SEA 1. The Parties shall co-operate to the fullest extent possible to suppress
illicit traffic by sea, in conformity with the international law of the sea. 2. A Party which has reasonable grounds to suspect that a vessel flying its
flag or not displaying a flag or marks of registry is engaged in illicit
traffic may request the assistance of other Parties in suppressing its use
for that purpose. The Parties so requested shall render such assistance
within the means available to them. 3. A Party which has reasonable grounds to suspect that a vessel exercising
freedom of navigation in accordance with international law and flying the
flag or displaying marks of registry of another Party is engaged in illicit
traffic may so notify the flag State, request confirmation of registry and,
if confirmed, request authorization from the flag State to take appropriate
measures in regard to that vessel. 4. In accordance with paragraph 3 or in accordance with treaties in force
between them or in accordance with any agreement or arrangement otherwise
reached between those Parties, the flag State may authorize the requesting
State to, inter alia:(a) Board the vessel; (b) Search the vessel; (c) If evidence of involvement in illicit traffic is found, take appropriate
action with respect to the vessel, persons and cargo on board. 5. Where action is taken pursuant to this article, the Parties concerned
shall take due account of the need not to endanger the safety of life at sea,
the security of the vessel and the cargo or to prejudice the commercial and
legal interests of the flag State or any other interested State. 6. The flag State may, consistent with its obligations in paragraph 1 of
this article, subject its authorization to conditions to be mutually agreed
between it and the requesting Party, including conditions relating to
responsibility. 7. For the purposes of paragraphs 3 and 4 of this article, a Party shall
respond expeditiously to a request from another Party to determine whether
a vessel that is flying its flag is entitled to do so, and to requests for
authorization made pursuant to paragraph 3. At the time of becoming a Party
to this Convention, each Party shall designate an authority or, when
necessary, authorities to receive and respond to such requests. Such
designation shall be notified through the Secretary-General to all other
Parties within one month of the designation. 8. A Party which has taken any action in accordance with this article
shall promptly inform the flag State concerned of the results of that action. 9. The Parties shall consider entering into bilateral or regional
agreements or arrangements to carry out, or to enhance the effectiveness of,
the provisions of this article. 10. Action pursuant to paragraph 4 of this article shall be carried out only
by warships or military aircraft, or other ships or aircraft clearly marked
and identifiable as being on government service and authorized to that
effect. 11. Any action taken in accordance with this article shall take due account
of the need not to interfere with or affect the rights and obligations and
the exercise of jurisdiction of coastal States in accordance with the
international law of the sea.
Article 18 FREE TRADE ZONES AND FREE PORTS 1. The Parties shall apply measures to suppress illicit traffic in
narcotic drugs, psychotropic substances and substances in Table I and
Table II in free trade zones and in free ports that are no less stringent
than those applied in other parts of their territories.2. The Parties shall endeavour: (a) To monitor the movement of goods and persons in free trade zones and
free ports, and, to that end, shall empower the competent authorities to
search cargoes and incoming and outgoing vessels, including pleasure craft
and fishing vessels, as well as aircraft and vehicles and, when appropriate,
to search crew members, passengers and their baggage; (b) To establish and maintain a system to detect consignments suspected of
containing narcotic drugs, psychotropic substances and substances in Table I
and Table II passing into or out of free trade zones and free ports; (c) To establish and maintain surveillance systems in harbour and dock
areas and at airports and border control points in free trade zones and
free ports.
Article 19 THE USE OF THE MAILS 1. In conformity with their obligations under the Conventions of the
Universal Postal Union, and in accordance with the basic principles of
their domestic legal systems, the Parties shall adopt measures to suppress
the use of the mails for illicit traffic and shall co-operate with one
another to that end.
2. The measures referred to in paragraph 1 of this article shall include,
in particular: (a) Co-ordinated action for the prevention and repression of the use of
the mails for illicit traffic; (b) Introduction and maintenance by authorized law enforcement personnel
of investigative and control techniques designed to detect illicit
consignments of narcotic drugs, psychotropic substances and substances
in Table I and Table II in the mails; (c) Legislative measures to enable the use of appropriate means to
secure evidence required for judicial proceedings.
Article 20 INFORMATION TO BE FURNISHED BY THE PARTIES 1. The Parties shall furnish, through the Secretary-General, information
to the Commission on the working of this Convention in their territories
and, in particular: (a) The text of laws and regulations promulgated in order to give effect
to the Convention; (b) Particulars of cases of illicit traffic within their jurisdiction
which they consider important because of new trends disclosed, the
quantities involved, the sources from which the substances are obtained,
or the methods employed by persons so engaged. 2. The Parties shall furnish such information in such a manner and by
such dates as the Commission may request.
Article 21 FUNCTIONS OF THE COMMISSION The Commission is authorized to consider all matters pertaining to the
aims of this Convention and, in particular: (a) The Commission shall, on the basis of the information submitted
by the Parties in accordance with article 20, review the operation of
this Convention; (b) The Commission may make suggestions and general recommendations
based on the examination of the information received from the Parties; (c) The Commission may call the attention of the Board to any matters
which may be relevant to the functions of the Board; (d) The Commission shall, on any matter referred to it by the Board
under article 22, paragraph 1(b), take such action as it deems appropriate; (e) The Commission may, in conformity with the procedures laid down
in article 12, amend Table I and Table II; (f) The Commission may draw the attention of non-Parties to decisions
and recommendations which it adopts under this Convention, with a view
to their considering taking action in accordance therewith.
Article 22 FUNCTIONS OF THE BOARD 1. Without prejudice to the functions of the Commission under article 21,
and without prejudice to the functions of the Board and the Commission
under the 1961 Convention, the 1961 Convention as amended and the 1971
Convention:
(a) If, on the basis of its examination of information available to it,
to the Secretary-General or to the Commission, or of information
communicated by United Nations organs, the Board has reason to believe
that the aims of this Convention in matters related to its competence
are not being met, the Board may invite a Party or Parties to furnish
any relevant information;(b) With respect to articles 12, 13 and 16: (i)After taking action under subparagraph (a) of this article,
the Board, if satisfied that it is necessary to do so, may call
upon the Party concerned to adopt such remedial measures as shall
seem under the circumstances to be necessary for the execution of
the provisions of articles 12, 13 and 16; (ii)Prior to taking action under (iii) below, the Board shall treat
as confidential its communications with the Party concerned under
the preceding subparagraphs; (iii)If the Board finds that the Party concerned has not taken
remedial measures which it has been called upon to take under
this subparagraph, it may call the attention of the Parties, the
Council and the Commission to the matter. Any report published
by the Board under this subparagraph shall also contain the views
of the Party concerned if the latter so requests. 2. Any Party shall be invited to be represented at a meeting of the
Board at which a question of direct interest to it is to be considered
under this article. 3. If in any case a decision of the Board which is adopted under
this article is not unanimous, the views of the minority shall be stated. 4. Decisions of the Board under this article shall be taken by a
two-thirds majority of the whole number of the Board.
5. In carrying out its functions pursuant to subparagraph 1(a) of this
article, the Board shall ensure the confidentiality of all information
which may come into its possession. 6. The Board's responsibility under this article shall not apply to
the implementation of treaties or agreements entered into between Parties
in accordance with the provisions of this Convention. 7. The provisions of this article shall not be applicable to disputes
between Parties falling under the provisions of article 32.
Article 23 REPORTS OF THE BOARD 1. The Board shall prepare an annual report on its work containing an
analysis of the information at its disposal and, in appropriate cases,
an account of the explanations, if any, given by or required of Parties,
together with any observations and recommendations which the Board desires
to make. The Board may make such additional reports as it considers
necessary. The reports shall be submitted to the Council through the
Commission which may make such comments as it sees fit. 2. The reports of the Board shall be communicated to the Parties and
subsequently published by the Secretary-General. The Parties shall
permit their unrestricted distribution.
Article 24 APPLICATION OF STRICTER MEASURES THAN
THOSE REQUIRED BY THIS CONVENTION A Party may adopt more strict or severe measures than those provided by
this Convention if, in its opinion, such measures are desirable or necessary
for the prevention or suppression of illicit traffic.
Article 25 NON-DEROGATION FROM EARLIER TREATY RIGHTS AND OBLIGATIONS The provisions of this Convention shall not derogate from any rights enjoyed
or obligations undertaken by Parties to this Convention under the 1961
Convention, the 1961 Convention as amended and the 1971 Convention.
Article 26 SIGNATURE This Convention shall be open for signature at the United Nations Office
at Vienna, from 20 December 1988 to 28 February 1989, and thereafter at the
Headquarters of the United Nations at New York, until 20 December 1989, by:
(a) All States; (b) Namibia, represented by the United Nations Council for Namibia; (c) Regional economic integration organizations which have competence in
respect of the negotiation, conclusion and application of international
agreements in matters covered by this Convention, references under the
Convention to Parties, States or national services being applicable to
these organizations within the limits of their competence.
Article 27 RATIFICATION, ACCEPTANCE, APPROVAL OR ACT OF FORMAL CONFIRMATION 1. This Convention is subject to ratification, acceptance or approval by
States and by Namibia, represented by the United Nations Council for Namibia,
and to acts of formal confirmation by regional economic integration
organizations referred to in article 26, subparagraph (c). The instruments
of ratification, acceptance or approval and those relating to acts of formal
confirmation shall be deposited with the Secretary-General. 2. In their instruments of formal confirmation, regional economic
integration organizations shall declare the extent of their competence
with respect to the matters governed by this Convention. These organizations
shall also inform the Secretary-General of any modification in the extent of
their competence with respect to the matters governed by the Convention.
Article 28 ACCESSION 1. This Convention shall remain open for accession by any State, by
Namibia, represented by the United Nations Council for Namibia, and by
regional economic integration organizations referred to in article 26,
subparagraph (c). Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General. 2. In their instruments of accession, regional economic integration
organizations shall declare the extent of their competence with respect
to the matters governed by this Convention. These organizations shall also
inform the Secretary-General of any modification in the extent of their
competence with respect to the matters governed by the Convention.
Article 29 ENTRY INTO FORCE 1. This Convention shall enter into force on the ninetieth day after the
date of the deposit with the Secretary-General of the twentieth instrument
of ratification, acceptance, approval or accession by States or by Namibia,
represented by the Council for Namibia.
2. For each State or for Namibia, represented by the Council for Namibia,
ratifying, accepting, approving or acceding to this Convention after the
deposit of the twentieth instrument of ratification, acceptance, approval
or accession, the Convention shall enter into force on the ninetieth day
after the date of the deposit of its instrument of ratification, acceptance,
approval or accession. 3. For each regional economic integration organization referred to in
article 26, subparagraph (c) depositing an instrument relating to an act
of formal confirmation or an instrument of accession, this Convention shall
enter into force on the ninetieth day after such deposit, or at the date
the Convention enters into force pursuant to paragraph 1 of this article,
whichever is later.
Article 30 DENUNCIATION 1. A Party may denounce this Convention at any time by a written
notification addressed to the Secretary-General.
2. Such denunciation shall take effect for the Party concerned one year after the date of receipt of the notification by the Secretary-General. Article 31 AMENDMENTS 1. Any Party may propose an amendment to this Convention. The text
of any such amendment and the reasons therefor shall be communicated by
that Party to the Secretary-General, who shall communicate it to the
other Parties and shall ask them whether they accept the proposed
amendment. If a proposed amendment so circulated has not been rejected
by any Party within twenty-four months after it has been circulated,
it shall be deemed to have been accepted and shall enter into force in
respect of a Party ninety days after that Party has deposited with the
Secretary-General an instrument expressing its consent to be bound by
that amendment. 2. If a proposed amendment has been rejected by any Party, the
Secretary-General shall consult with the Parties and, if a majority
so requests, he shall bring the matter, together with any comments made
by the Parties, before the Council which may decide to call a conference
in accordance with Article 62, paragraph 4, of the Charter of the United
Nations. Any amendment resulting from such a conference shall be
embodied in a Protocol of Amendment. Consent to be bound by such a
Protocol shall be required to be expressed specifically to the
Secretary-General.
Article 32 SETTLEMENT OF DISPUTES 1. If there should arise between two or more Parties a dispute
relating to the interpretation or application of this Convention, the
Parties shall consult together with a view to the settlement of the
dispute by negotiation, enquiry, mediation, conciliation, arbitration,
recourse to regional bodies, judicial process or other peaceful means
of their own choice. 2. Any such dispute which cannot be settled in the manner prescribed
in paragraph 1 of this article shall be referred, at the request of any
one of the States Parties to the dispute, to the International Court of
Justice for decision. 3. If a regional economic integration organization referred to in
article 26, subparagraph (c) is a Party to a dispute which cannot be
settled in the manner prescribed in paragraph 1 of this article, it may,
through a State Member of the United Nations, request the Council to
request an advisory opinion of the International Court of Justice in
accordance with Article 65 of the Statute of the Court, which opinion
shall be regarded as decisive.
4. Each State, at the time of signature or ratification, acceptance
or approval of this Convention or accession thereto, or each regional
economic integration organization, at the time of signature or deposit
of an act of formal confirmation or accession, may declare that it does
not consider itself bound by paragraphs 2 and 3 of this article. The
other Parties shall not be bound by paragraphs 2 and 3 with respect to
any Party having made such a declaration. 5. Any Party having made a declaration in accordance with paragraph 4
of this article may at any time withdraw the declaration by notification
to the Secretary-General.
Article 33 AUTHENTIC TEXTS The Arabic, Chinese, English, French, Russian and Spanish texts of this
Convention are equally authentic.
Article 34 DEPOSITARY The Secretary-General shall be the depositary of this Convention. IN WITNESS WHEREOF the undersigned, being duly authorized thereto,
have signed this Convention. DONE AT VIENNA, in one original, this twentieth day of December
one thousand nine hundred and eighty-eight.
ANNEX Table I Table II Ephedrine Acetic anhydride
Ergometrine Acetone
Ergotamine Anthranilic acid
Lysergic acid Ethyl ether
1-phenyl-2-propanone Phenylacetic acid
Pseudoephedrine Piperidine
The salts of the substances The salts of the substances
listed in this Table whenever listed in this Table whenever
the existence of such salts is the existence of such salts is
possible. possible.
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