S.I. No. 479/2003 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2003

WHEREAS by the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted at Paris on the 21^st day of November 1997 (referred to subsequently in these recitals as the “Convention on Combating Bribery”, and the terms of which are set out in Schedule 7C of the Extradition Act 1965 (Application of Part II Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(j) of, and Part A of Schedule 2 to this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;

AND WHEREAS the Convention on Combating Bribery was ratified on behalf of the State on the 22^nd day of September 2003;

AND WHEREAS the Convention on Combating Bribery has also been ratified, or acceded to, by the countries specified in that regard in the Table, to Schedule 10 of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(m) of and Schedule 4 to, this Order));

AND WHEREAS, by the Criminal Law Convention on Corruption done at Strasbourg on the 27^th day of January 1999 (referred to subsequently in these recitals as the “Convention on Corruption”, and the terms of which are set out in Part A of Schedule 7D of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(k of, and Part A of Schedule 3 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention on Corruption was ratified on behalf of the State on the 3^rd day of October 2003;

AND WHEREAS the Convention on Corruption has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7D;

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) Order 2002 ( S.I. No. 173 of 2002 ), certain additional reservations have been entered to the European Convention on Extradition done at Paris on the 13^th day of December 1957 (referred to subsequently in these recitals as the “Paris Convention”), the Convention for the Suppression of the Unlawful Seizure of Aircraft done at the Hague on the 16^th day of December 1970 (referred to subsequently in these recitals as the “Hague Convention”), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23^rd day of September 1971 (referred to subsequently in these recitals as the “Montreal Convention”), the Protocol done at Montreal on the 24^th day of February 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23^rd day of September 1971 (referred to subsequently in these recitals as the “Montreal Protocol”), the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on the 3^rd day of March 1980 (referred to subsequently in these recitals as the “Nuclear Material Convention”), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances concluded at Vienna on the 20^th day of December 1988 (referred to subsequently in these recitals as the “Drug Trafficking Convention”), the European Convention on the Suppression of Terrorism done at Strasbourg on the 27^th day of January 1977 (referred to subsequently in these recitals as the “Anti-Terrorism Convention”), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on the 10^th day of December 1984 (referred to subsequently in these recitals as the “Convention against Torture”) and the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9^th day of December 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”) the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 3, Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A, and Part B of Schedule 7B, of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 3 of, and Schedule 1 to, this Order);

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) Order 2002 ( S.I. No. 173 of 2002 ), certain additional declarations have been made in relation to the Paris Convention, the Hague Convention, the Montreal Convention the Montreal Protocol, the Nuclear Material Convention, the Drug Trafficking Convention the Anti-Terrorism Convention, the Convention against Torture and the Convention on the Safety of UN Personnel the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 3, Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A, and Part B of Schedule 7B, of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 3 of, and Schedule 1 to, this Order;

NOW the Government, in the exercise of the powers conferred on them by section 8 of the Extradition Act 1965 (No. 17 of 1965), hereby order as follows:

1. (1) This Order may be cited as the Extradition Act 1965 (Application of Part II (Amendment) Order 2003.

(2) This Order shall come into operation on the 8^th day of October 2003.

2. In this Order the “Principal Order” means the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No. 173 of 2002 )).

3. The Principle Order is hereby amended by-

(a) the insertion, in Part C of Schedule 1, of the reservations and declarations specified in Part A of Schedule 1 to this Order,

(b) the insertion, in Part B of Schedule 2, of the reservations and declarations specified in Part B of Schedule 1 to this Order,

(c) the insertion, in Part B of Schedule 3, of the reservations and declarations specified in Part C of Schedule 1 to this Order,

(d) the insertion, in Part B of Schedule 4, of the reservations and declarations specified in Part D of Schedule 1 to this Order,

(e) the insertion, in Part B of Schedule 5, of the reservations and declarations specified in Part E of Schedule 1 to this Order,

(f) the insertion, in Part B of Schedule 6, of the reservations and declarations specified in Part F of Schedule 1 to this Order,

(g) the insertion, in Part B of Schedule 7, of the reservations and declarations specified in Part G of Schedule 1 to this Order,

(h) the insertion, in Part C of Schedule 7A, of the reservations and declarations specified in Part H of Schedule 1 to this Order,

(i) the insertion, in Part B of Schedule 7B, of the reservations and declarations specified in Part I of Schedule 1 to this Order,

(j) the insertion of the Schedule set out in Schedule 2 to this Order,

(k) the insertion of the Schedule set out in Schedule 3 to this Order,

(l) the insertion, in paragraph 1(1) of Schedule 10, of the following definitions:

“ ‘Convention on Combating Bribery’ means the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, adopted at Paris on the 21^st day of November 1997;

‘Convention on Corruption’ means the Criminal Law Convention on Corruption, done at Strasbourg on the 27^th day of January 1999;”, and

(m) the substitution, in Schedule 10, of the Table set out in Schedule 4 to this Order for the Table (inserted by the Extradition Act 1965 (Application of Part II)(Amendment) Order 2002 ( S.I. No. 173 of 2002 )).

SCHEDULE 1

Part A

“Azerbaijan:

Reservations contained in the instrument of ratification deposited on 28 June 2002:

The Republic of Azerbaijan reserves the right not to grant extradition on humanitarian grounds taking into consideration the age or state of health of the person sought.

The Republic of Azerbaijan will refuse the extradition if there are sufficient grounds for supposing that the extradition would affect the sovereignty or national security of the Republic of Azerbaijan.

The Republic of Azerbaijan will refuse to grant extradition if there are sufficient grounds for supposing that the person requested for extradition will be exposed to torture or other cruel, inhuman or degrading treatment or punishment in the requesting State.

The Republic of Azerbaijan will not grant extradition if there are sufficient grounds for supposing that the person requested for the extradition will be persecuted for reasons of race, nationality, language, religion, citizenship or political opinion.

The Republic of Azerbaijan declares that according to Article 53(II) of the Constitution of the Republic of Azerbaijan in no circumstances a citizen of the Republic of Azerbaijan shall be extradited to another State. In this respect the Republic of Azerbaijan in any case will refuse to extradite its citizens.

Declarations contained in the instrument of ratification deposited on 28 June 2002:

The Republic of Azerbaijan declares that transit of extradited persons through the territory of the Republic of Azerbaijan will be allowed subject to the observance of the same conditions as for extradition.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention and its Additional Protocols in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation.

The Republic of Azerbaijan declares that the requests for extradition and the documents annexed thereto must be submitted with a translation into Azerbaijani language.

Serbia and Montenegro:

Declarations contained in the instrument of accession deposited on 30 September 2002:

The Federal Republic of Yugoslavia shall refuse extradition, in accordance with Article 6 paragraph 1(a), of the Convention, and transit of its nationals in accordance with Article 21, paragraph 2, of the Convention.

In accordance with Article 21, paragraph 5, of the Convention, the Federal Republic of Yugoslavia shall grant the transit of a person exclusively under the same conditions applicable in case of extradition.”

PART B

“China:

By a Note dated 29 November 1999, the Government of the People's Republic of China informed the Government of the United States as follows:

The Convention… to which the Government of the People's Republic of China deposited an instrument of accession on 10 September 1980, will apply to the Macao Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration:

The reservation made by the Government of the People's Republic of China to paragraph 1 of Article 12 of the Convention will also apply to the Macao Special Administrative Region.

The Government of the People's Republic of China shall assume responsibility for the international rights and obligations arising from the application of the Convention to the Macao Special Administrative Region.

Egypt:

Reservation made with respect to paragraph 1 of Article 12 of the Convention.

Mozambique:

Reservation made with respect to paragraph 1 of Article 12 of the Convention.

Poland:

On 23 June 1997, Poland deposited with the Government of the United States a notification of withdrawal of the reservation made in accordance with Article 12 paragraph 1”

PART C

“China:

By a Note dated 29 November 1999, the Government of the People's Republic of China informed the Government of the United States as follows:

The reservation made by the Government of the People's Republic of China to paragraph 1 of Article 14 of the Convention will also apply to the Macao Special Administrative Region.

Mozambique:

Reservation made with respect to paragraph 1 of Article 14 of the Convention.

Poland:

On 23 June 1997, Poland deposited with the Government of the United States a notification of withdrawal of the reservation made in accordance with Article 14 paragraph 1”

PART D

“Syrian Arab Republic:

In its instrument of accession deposited on 18 July 2002 with ICAO, the Government of the Syrian Arab Republic made the following reservation:

The Syrian Arab Republic will not be bound by paragraph 1 of Article 14 of the Montreal Convention signed on 23 September 1971.”

PART E

“Mozambique:

In its instrument of accession deposited with the Secretariat Mozambique made the following declaration in accordance with Article 17, paragraph 3:

The Republic of Mozambique does not consider itself bound by the provisions of Article 17, paragraph 2 of the Convention.

In this connection, the Republic of Mozambique states that, in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice.

Oman:

In its instrument of accession deposited with the Secretariat on 11 June 2003 the Sultanat of Oman made the following reservations:

1. Reservation with respect to Article 8, paragraph 4, the text of which states that each State Party may, consistent with international law, establish its jurisdiction over the offences set forth in Article 7 when it is involved in international nuclear transport as the exporting or importing State.

2. In accordance with Article 17, paragraph 3 of the Convention, the Sultanate does not consider itself bound by the dispute settlement procedures provided for in Article 17 paragraph 2.”

PART F

“Sweden:

25 July 2001

With regard to the declaration made by San Marino upon accession:

The Government of Sweden has examined the declaration made by San Marino at the time of its accession to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, regarding articles 5, 9 and 11 of the Convention.

In this context, the Government of Sweden would like to recall that under well-established treaty law, the name assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified, does not determine its status as a reservation to the treaty. Thus, the Government of Sweden considers that the declaration made by San Marino, in the absence of further clarification, in substance constitutes a reservation to the Convention.

The Government of Sweden notes that the said articles of the Convention are being made subject to a general reservation referring to the contents of existing legislation in San Marino.

The Government of Sweden is of the view that, in the absence of further clarification this reservation raises doubts as to the commitment of San Marino to the object and purpose of the Convention and would like to recall that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

The Government of Sweden therefore objects to the aforesaid reservation made by the Government of San Marino to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

This objection shall not preclude the entry into force of the Convention between San Marino and Sweden. The Convention enters into force in its entirety between the two States, without San Marino benefiting from its reservation.

Thailand:

Reservation:

The Government of the Kingdom of Thailand does not consider itself bound by the provisions of paragraph 2 of Article 32 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.”

PART G

“Croatia:

Reservation contained in the instrument of ratification deposited on 15 January 2003:

In accordance with Article 13, paragraph 1, of the Convention, the Republic of Croatia reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention, which it considers to be a political offence, or an offence inspired by political motives. In these cases, the Republic of Croatia undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons, or

b. that it affected persons foreign to the motives behind it, or

c. that cruel or vicious means have been used in the commission of the offence.

San Marino:

Reservation contained in a letter from the State Secretary for Foreign Affairs of San Marino, dated 11 March 2002, handed over at the time of deposit of the instrument of ratification, on 17 April 2002:

In accordance with Article 13, paragraph 1, of the Convention, the Republic of San Marino reserves its right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives.

Serbia and Montenegro:

Reservation contained in the instrument of ratification deposited on 15 May 2003:

Pursuant to Article 13 of the Convention, Serbia and Montenegro reserves the right to refuse to extradite a person because of any criminal offence mentioned in Article 1 which it considers a political criminal offence, as well as a criminal offence in connection with a political criminal offence or a criminal offence inspired by political motivation.”

PART H

“Equatorial Guinea:

Declaration and reservation:

First - The Government of Equatorial Guinea hereby declares that, pursuant to article 28 of this Convention, it does not recognize the competence of the Committee provided for in article 20 of the Convention.

Second - With reference to the provisions of article 30, the Government of Equatorial Guinea does not consider itself bound by paragraph 1 thereof.

Holy See:

Declaration:

The Holy See considers the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment a valid and suitable instrument for fighting against acts that constitute a serious offence against the dignity of the human person. In recent times the Catholic Church has consistently pronounced itself in favour of unconditional respect for life itself and unequivocally condemned “whatever violates the integrity of the human person, such as mutilation, torments inflicted on body or mind, attempts to coerce the will itself” (Second Vatican Council, Pastoral Constitution Gaudium et spes, 7 December 1965).

The law of the Church (Code of Canon Law, 1981) and its catechism (Catechism of the Catholic Church, 1987) enumerate and clearly identify forms of behaviour that can harm the bodily or mental integrity of the individual, condemn their perpetrators and call for the abolition of such acts. On 14 January 1978, Pope Paul VI, in his last address to the diplomatic corps, after referring to the torture and mistreatment practised in various countries against individuals, concluded as follows: “How could the Church fail to take up a stern stand … with regard to torture and to similar acts of violence inflicted on the human person?” Pope John Paul II, for his part, has not failed to affirm that “torture must be called by its proper name” (message for the celebration of the World Day of Peace, 1 January 1980). He has expressed his deep compassion for the victims of torture (World Congress on Pastoral Ministry for Human Rights, Rome, 4 July 1998), and in particular for tortured women (message to the Secretary-General of the United Nations, 1 March 1993). In this spirit the Holy See wishes to lend its moral support and collaboration to the international community, so as to contribute to the elimination of recourse to torture which is inadmissible and inhuman.

The Holy See, in becoming a party to the Convention on behalf of the Vatican City State undertakes to apply it insofar as it is compatible, in practice, with the peculiar nature of that State.”

Declarations recognizing the Competence of the Committee against Torture under articles 21 and 22

“Azerbaijan:

4 February 2002

The Government of the Republic of Azerbaijan declares that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

Bosnia and Herzegovina:

4 June 2003

The State of Bosnia and Herzegovina…, accepts without reservations the competence of the Committee Against Torture.

Burundi:

10 June 2003

The Government of the Republic of Burundi declares that it recognizes the competence of the Committee of the United Nations against Torture to receive and consider individual communications in accordance with article 22, paragraph 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted at New York on 10 December 1984.

Costa Rica:

27 February 2002

[T]he Republic of Costa Rica, with a view to strengthening the international instruments in this field and in accordance with full respect for human rights, the essence of Costa Rica's foreign policy, recognizes, unconditionally and during the period of validity of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention.

Furthermore, the Republic of Costa Rica recognizes, unconditionally and during the period of validity of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

The foregoing is in accordance with articles 21 and 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984.

Mexico:

15 March 2002

The United Mexican States recognizes as duly binding the competence of the Committee against Torture, established by article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984.

Pursuant to Article 22 of the Convention, the United Mexican States declares that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

Paraguay:

29 May 2002

[T]he Government of the Republic of Paraguay recognizes the competence of the Committee against Torture, pursuant to articles 21 and 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, approved by the General Assembly of the United Nations on 10 December 1984.

[T]he Honourable National Congress of the Republic of Paraguay has granted its approval for the recognition of the competence of the Committee to receive communications from States parties and individuals.

Peru:

The Republic of Peru recognizes, in accordance with Article 21 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the said Convention.

Likewise, the Republic of Peru recognizes, in accordance with the provisions of Article 22 of the above-mentioned Convention, the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

Uganda:

19 December 2001

In accordance with Article 21 of the Convention, the Government of the Republic of Uganda declares that it recognizes the competence of the Committee against Torture to receive and consider communications submitted by another State party, provided that such other State Party has made a declaration under Article 21 recognizing the competence of the Committee to receive and consider communications in regard to itself.”

Objections

(Unless otherwise indicated, the objections were received upon ratification accession or succession)

“Denmark:

4 October 2001

With regard to the reservation made by Botswana upon ratification:

The Government of Denmark has examined the contents of the reservation made by the Government of Botswana to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. The reservation refers to legislation in force in Botswana as to the definition of torture and thus to the scope of application of the convention. In the absence of further clarification the Government of Denmark considers that the reservation raises doubts as to the commitment of Botswana to fulfil her obligations under the Convention and is incompatible with the object and purpose of the Convention.

For these reasons, the Government of Denmark objects to this reservation made by the Government of Botswana. This objection does not preclude the entry into force of the Convention in its entirety between Botswana and Denmark without Botswana benefiting from the reservation.

Finland:

27 February 1996

With regard to the reservations, understandings and declarations made by the United States of America upon ratification:

A reservation which consists of a general reference to national law without specifying its contents does not clearly define to the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may cast doubts about the commitment of the reserving State to fulfil its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland subject to the general principle to treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty.

The Government of Finland therefore objects to the reservations made by the United States to article 16 of the Convention. In this connection the Government of Finland would also like to refer to its objection to the reservation entered by the United States with regard to article 7 of the International Covenant on Civil and Political Rights.

13 December 1999

With regard to the declaration made by the Bangladesh upon accession:

The Government of Finland has examined the contents of the declaration made by the Government of Bangladesh to Article 14 paragraph 1 to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and notes that the declaration constitutes a reservation as it seems to modify the obligations of Bangladesh under the said article.

A reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may raise doubts as to the commitment of the reserving state to fulfil its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

Therefore the Government of Finland objects to the aforesaid reservation to Article 14 paragraph 1 made by the Government of Bangladesh. This objection does not preclude the entry into force of the convention between Bangladesh and Finland. The Convention will thus become operative between the two States without Bangladesh benefiting from these reservations.

16 January 2001

With regard to the reservation made by Qatar upon accession:

The Government of Finland has examined the context of the reservation made by the Government of Qatar regarding any interpretation incompatible with the precepts of Islamic law and the Islamic religion. The Government of Finland notes that a reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties to the Convention the extent to which the reserving State commits itself to the Convention and may therefore raise doubts as to the commitment of the reserving state to fulfil its obligations under the Convention. Such a reservation, in the view of the Government of Finland, is subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

The Government of Finland also notes that the reservation of Qatar, being of such a general nature, raises doubts as to the full commitment of Qatar to the object and purpose of the Convention and would like to recall that, according to the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

For the above-mentioned reasons the Government of Finland objects to the reservation made by the Government of Qatar. This objection does not preclude the entry into force of the Convention between Qatar and Finland. The Convention will thus become operative between the two States without Qatar benefiting from this reservation.

France:

30 September 1999

With regard to the declaration made by Bangladesh upon accession:

The Government of France notes that the declaration made by Bangladesh in fact constitutes a reservation since it is aimed at precluding or modifying the legal effect of certain provisions of the treaty. A reservation which consists in a general reference to domestic law without specifying its contents does not clearly indicate to the other parties to what extent the State which issued the reservation commits itself when acceding to the Convention. The Government of France considers the reservation of Bangladesh incompatible with the objective and purpose of the treaty, in respect of which the provisions relating to the right of victims of acts of torture to obtain redress and compensation, which ensure the effectiveness and tangible realization of obligations under the Convention, are essential, and consequently lodges an objection to the reservation entered by Bangladesh regarding article 14, paragraph 1. This objection does not prevent the entry into force of the Convention between Bangladesh and France.

24 January 2001

With regard to the reservation made by Qatar upon accession:

The Government of the French Republic has carefully considered the reservation made by the Government of Qatar to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment of 10 December 1984, whereby it excludes any interpretation of the Convention which would be incompatible with the precepts of Islamic law and the Islamic religion. The reservation, which seeks to give precedence to domestic law and practices over the Convention to an indeterminate extent, is comprehensive in scope. Its terms undermine the commitment of Qatar and make it impossible for the other States parties to assess the extent of that commitment. The Government of France consequently objects to the reservation made by Qatar.

Germany:

23 January 2001

With regard to the reservation made by Qatar upon accession:

The Government of the Federal Republic of Germany has examined the reservation to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment made by the Government of Qatar. The Government of the Federal Republic of Germany is of the view that the reservation with regard to compatibility of the rules of the Convention with the precepts of Islamic law and the Islamic religion raises doubts as to the commitment of Qatar to fulfil its obligations under the Convention. Therefore the Government of the Federal Republic of Germany objects to the aforesaid reservation made by the Government of Qatar to the Convention.

This objection does not preclude the entry into force of the convention between the Federal Republic of Germany and Qatar.

Luxembourg:

6 April 2000

With regard to the reservation made by Qatar upon accession:

The Government of the Grand Duchy of Luxembourg has examined the reservation made by the Government of the State of Qatar to [the Convention] regarding any interpretation incompatible with the precepts of Islamic law and the Islamic religion.

The Government of the Grand Duchy of Luxembourg considers that this reservation by referring in a general way to both Islamic law and the Islamic religion without specifying their content, raises doubts among other States Parties about the degree to which the State of Qatar is committed to the observance of the Convention. The Government of the Grand Duchy of Luxembourg believes that the aforementioned reservation of the Government of the State of Qatar is incompatible with the objective and purpose of the Convention, because it refers to it as a whole and seriously limits or even excludes its application on a poorly defined basis, as in the case of the global reference to Islamic law.

Consequently, the Government of the Grand Duchy of Luxembourg objects to the aforementioned reservation made by the Government of the State of Qatar to [the Convention]. This objection does not prevent the entry into force of the Convention between the Grand Duchy of Luxembourg and the State of Qatar.

Netherlands:

26 February 1996

With regard to the reservations, understandings and declarations made by the United States of America upon ratification:

The Government of the Netherlands considers the reservation made by the United States of America regarding the article 16 of [the Convention] to be incompatible with the object and purpose of the Convention, to which the obligation laid down in article 16 is essential. Moreover, it is not clear how the provisions of the Constitution of the United States of America relate to the obligations under the Convention. The government of the Kingdom of the Netherlands therefore objects to the said reservation. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the United States of America.

The Government of the Kingdom of the Netherlands considers the following understanding to have no impact on the obligations of the United States of America under the Convention:

II. 1 a This understanding appears to restrict the scope of the definition of torture under article 1 of the Convention.

1 d This understanding diminishes the continuous responsibility of public officials for behaviour of their subordinates.

The Government of the Kingdom of the Netherlands reserves its position with regard to the understandings II. 1b, 1c and 2 as the contents thereof are insufficiently clear.

19 January 2001

With regard to the reservation made by Qatar upon accession:

The Government of the Kingdom of the Netherlands considers that the reservation concerning the national law of Qatar, which seeks to limit the responsibilities of the reserving State under the Convention by invoking national law, may raise doubts as to the commitment of this State to the object and purpose of the Convention and moreover, contribute to undermining the basis of international treaty law.

It is in the common interest of States that treaties to which they have chosen to become party should be respected, as to object and purpose, by all parties.

The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservation made by the Government of Qatar.

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Qatar.

Norway:

18 January 2001

With regard to the reservation made by Qatar upon accession:

It is the Government of Norway's position that paragraph (a) of the reservation, due to its unlimited scope and undefined character, is contrary to the object and purpose of the Convention, and thus impermissible according to well established treaty law. The Government of Norway therefore objects to paragraph (a) of the reservation.

This objection does not preclude the entry into force in its entirety of the Convention between the Kingdom of Norway and Qatar. The Convention thus becomes operative between Norway and Qatar without Qatar benefiting from the said reservation.

4 October 2001

With regard to the reservation made by Botswana upon ratification:

The Government of Norway has examined the contents of the reservation made by the Government of the Republic of Botswana upon ratification of the convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

The reservation's reference to the national Constitution without further description of its contents, exempts the other States Parties to the Convention from the possibility of assessing the effects of the reservation. In addition, as the reservation concerns one of the core provisions of the Convention, it is the position of the Government of Norway that the reservation is contrary to the object and purpose of the Convention. Norway therefore objects to the reservation made by the Government of Botswana.

This objection does not preclude the entry into force in its entirety of the Convention between the Kingdom of Norway and the Republic of Botswana. The Convention thus becomes operative between Norway and Botswana without Botswana benefiting from the said reservation.

Spain:

13 December 1999

With regard to the declaration to article 14(1) made by Bangladesh upon accession:

The Government of the Kingdom of Spain considers that this declaration is actually a reservation, since its purpose is to exclude or modify the application of the legal effect of certain provisions of the Convention. Moreover, in referring in a general way to the domestic laws of Bangladesh, without specifying their content, the reservation raises doubts among the other States parties as to the extent to which the People's Republic of Bangladesh is committed to ratifying the Convention.

The Government of the Kingdom of Spain believes that the reservation lodged by the Government of the People's Republic of Bangladesh is incompatible with the objective and purpose of the Convention, for which the provisions concerning redress and compensation for victims of torture are essential factors in the concrete fulfilment of the commitments made under the Convention.

The Government of the Kingdom of Spain therefore states an objection to the above-mentioned reservation lodged by the Government of the People's Republic of Bangladesh to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or punishment, concerning article 14, paragraph 1, of that Convention.

This objection does not affect the entry into force of the above-mentioned Convention between the Kingdom of Spain and the People's Republic of Bangladesh.

14 March 2000

With regard to the reservation made by Qatar upon accession:

The Government of the Kingdom of Spain has examined the reservation made by the Government of the State of Qatar to the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment on 11 January 2000, as to any interpretation of the Convention that is incompatible with the precepts of Islamic law and the Islamic religion.

The Government of the Kingdom of Spain considers that, by making a general reference to Islamic law and religion rather than to specific content, this reservation raises doubts among the other States parties as to the extent of the commitment of the State of Qatar to abide by the Convention.

The Government of the Kingdom of Spain considers the reservation made by the Government of the State of Qatar to be incompatible with the purpose and aim of the Convention, in that it relates to the entire Convention and seriously limits or even excludes its application on a basis which is not clearly defined, namely, a general reference to Islamic law.

Accordingly, the Government of the Kingdom of Spain objects to the above-mentioned reservation made by the Government of the State of Qatar to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This objection does not prevent the Convention's entry into force between the Government of Spain and the Government of the State of Qatar.

Sweden:

27 February 1996

With regard to the reservations, understandings and declarations made by the United States of America upon ratification:

The Government of Sweden would like to refer to its objections to the reservations entered by the United States of America with regard to article 7 of the international Covenant on Civil and Political Rights. The same reasons for objection apply to the now entered reservation with regard to article 16 reservation I (1) of [the Convention]. The Government of Sweden therefore objects to that reservation.

It is the view of the Government of Sweden that the understandings expressed by the United States of America do not relieve the United States of America as a party to the Convention from the responsibility to fulfil the obligations undertaken therein.

14 December 1999

With regard to the declaration to article 14 (1) made by Bangladesh upon accession:

In this context the Government of Sweden would like to recall, that under well-established international treaty law, the name assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified, does not determine its status as a reservation to the treaty. Thus, the Government of Sweden considers that the declaration made by the Government of Bangladesh, in the absence of further clarification, in substance constitutes a reservation to the Convention.

The government of Sweden notes that the said declaration imply that the said article of the Convention is being made subject to a general reservation referring to the contents of existing laws and regulations in the country.

The government of Sweden is of the view that this declaration raises doubts as to the commitment of Bangladesh to the object and purpose of the Convention and would recall that, according to well-established international law, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become parties are respected, as to their object and purpose, by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under these treaties.

The Government of Sweden therefore objects to the aforesaid declaration made by the Government of Bangladesh to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment.

27 April 2000

With regard to the reservations made by Qatar upon accession:

The Government of Sweden has examined the reservations made by the Government of Qatar at the time of its accession to the [Convention], as to the competence of the Committee and to any interpretation of the provisions of the Convention that is incompatible with the precepts of Islamic laws and the Islamic religion.

The Government of Sweden is of the view that as regards the latter, this general reservation, which does not clearly specify the provisions of the Convention to which it applies and the extent of the derogation therefrom, raises doubts as to the commitment of Qatar to the object and purpose of the Convention.

It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. According to customary law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted. The Government of Sweden therefore objects to the aforesaid general reservation made by the Government of Qatar to the [Convention].

This shall not preclude the entry into force of the Convention between the State of Qatar and the Kingdom of Sweden, without Qatar benefiting from the said reservation.

2 October 2001

With regard to the reservation made by Botswana upon ratification:

The Government of Sweden has examined the reservation made by Botswana upon ratification of the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, regarding article 1 of the Convention. The Government of Sweden notes that the said article of the Convention is being made subject to a general reservation referring to the contents of existing legislation in Botswana. Article 1.2 of the Convention states that the definition of torture in article 1.1 is ‘without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.’

The Government of Sweden is of the view that this reservation, in the absence of further clarification, raises doubts as to the commitment of Botswana to the object and purpose of the Convention. The Government of Sweden would like to recall that according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States arte prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

The Government of Sweden therefore objects to the aforesaid reservation made by the Government of Botswana to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment.

This objection shall not preclude the entry into force of the Convention between Botswana and Sweden. The Convention enters into force in its entirety between the two States, without Botswana benefiting from its reservation.”

PART I

“Lao People's Democratic Republic:

Reservation:

In accordance with paragraph 2, Article 22 of the Convention on the Safety of United Nations and Associated Personnel, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 22 of the present Convention. The Lao People's Democratic Republic declares that to refer dispute relating to interpretation and application of the present Convention to arbitration or International Court of Justice, the agreement of all parties concerned in the dispute is necessary.”

SCHEDULE 2

“SCHEDULE 7C

CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS

Adopted at Paris on the 21^st day of November 1997

Preamble

The Parties,

Considering that bribery is a widespread phenomenon in international business transactions, including trade and investment, which raises serious moral and political concerns, undermines good governance and economic development, and distorts international competitive conditions;

Considering that all countries share a responsibility to combat bribery in international business transactions;

Having regard to the Revised Recommendation on Combating Bribery in International Business Transactions, adopted by the Council of the Organisation for Economic Co-operation and Development (OECD) on 23 May 1997, C(97)123/FINAL, which, inter alia, called for effective measures to deter, prevent and combat the bribery of foreign public officials in connection with international business transactions, in particular the prompt criminalisation of such bribery in an effective and coordinated manner and in conformity with the agreed common elements set out in that Recommendation and with the jurisdictional and other basic legal principles of each country;

Welcoming other recent developments which further advance international understanding and co-operation in combating bribery of public officials, including actions of the United Nations, the World Bank, the International Monetary Fund, the World Trade Organisation the Organisation of American States, the Council of Europe and the European Union;

Welcoming the efforts of companies, business organisations and trade unions as well as other non-governmental organisations to combat bribery;

Recognising the role of governments in the prevention of solicitation of bribes from individuals and enterprises in international business transactions;

Recognising that achieving progress in this field requires not only efforts on a national level but also multilateral co-operation, monitoring and follow-up;

Recognising that achieving equivalence among the measures to be taken by the Parties is an essential object and purpose of the Convention, which requires that the Convention be ratified without derogations affecting this equivalence;

Have agreed as follows:

Article 1

The Offence of Bribery of Foreign Public Officials

1. Each Party shall take such measures as may be necessary to establish that it is a criminal offence under its law for any person intentionally to offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a foreign public official, for that official or for a third party, in order that the official act or refrain from acting in relation to the performance of official duties, in order to obtain or retain business or other improper advantage in the conduct of international business.

2. Each Party shall take any measures necessary to establish that complicity in including incitement, aiding and abetting, or authorisation of an act of bribery of a foreign public official shall be a criminal offence. Attempt and conspiracy to bribe a foreign public official shall be criminal offences to the same extent as attempt and conspiracy to bribe a public official of that Party.

3. The offences set out in paragraphs 1 and 2 above are hereinafter referred to as “bribery of a foreign public official”.

4. For the purpose of this Convention:

a. “foreign public official” means any person holding a legislative administrative or judicial office of a foreign country, whether appointed or elected; any person exercising a public function for a foreign country including for a public agency or public enterprise; and any official or agent of a public international organisation;

b. “foreign country” includes all levels and subdivisions of government, from national to local;

c. “act or refrain from acting in relation to the performance of official duties” includes any use of the public official's position, whether or not within the official's authorised competence.

Article 2

Responsibility of Legal Persons

Each Party shall take such measures as may be necessary, in accordance with its legal principles, to establish the liability of legal persons for the bribery of a foreign public official.

Article 3

Sanctions

1. The bribery of a foreign public official shall be punishable by effective proportionate and dissuasive criminal penalties. The range of penalties shall be comparable to that applicable to the bribery of the Party's own public officials and shall, in the case of natural persons, include deprivation of liberty sufficient to enable effective mutual legal assistance and extradition.

2. In the event that, under the legal system of a Party, criminal responsibility is not applicable to legal persons, that Party shall ensure that legal persons shall be subject to effective, proportionate and dissuasive non-criminal sanctions, including monetary sanctions, for bribery of foreign public officials.

3. Each Party shall take such measures as may be necessary to provide that the bribe and the proceeds of the bribery of a foreign public official, or property the value of which corresponds to that of such proceeds, are subject to seizure and confiscation or that monetary sanctions of comparable effect are applicable.

4. Each Party shall consider the imposition of additional civil or administrative sanctions upon a person subject to sanctions for the bribery of a foreign public official.

Article 4

Jurisdiction

1. Each Party shall take such measures as may be necessary to establish its jurisdiction over the bribery of a foreign public official when the offence is committed in whole or in part in its territory.

2. Each Party which has jurisdiction to prosecute its nationals for offences committed abroad shall take such measures as may be necessary to establish its jurisdiction to do so in respect of the bribery of a foreign public official, according to the same principles.

3. When more than one Party has jurisdiction over an alleged offence described in this Convention, the Parties involved shall, at the request of one of them, consult with a view to determining the most appropriate jurisdiction for prosecution.

4. Each Party shall review whether its current basis for jurisdiction is effective in the fight against the bribery of foreign public officials and, if it is not, shall take remedial steps.

Article 5

Enforcement

Investigation and prosecution of the bribery of a foreign public official shall be subject to the applicable rules and principles of each Party. They shall not be influenced by considerations of national economic interest, the potential effect upon relations with another State or the identity of the natural or legal persons involved.

Article 6

Statute of Limitations

Any statute of limitations applicable to the offence of bribery of a foreign public official shall allow an adequate period of time for the investigation and prosecution of this offence.

Article 7

Money Laundering

Each Party which has made bribery of its own public official a predicate offence for the purpose of the application of its money laundering legislation shall do so on the same terms for the bribery of a foreign public official, without regard to the place where the bribery occurred.

Article 8

Accounting

1. In order to combat bribery of foreign public officials effectively, each Party shall take such measures as may be necessary, within the framework of its laws and regulations regarding the maintenance of books and records, financial statement disclosures, and accounting and auditing standards, to prohibit the establishment of off-the-books accounts the making of off-the-books or inadequately identified transactions, the recording of non-existent expenditures, the entry of liabilities with incorrect identification of their object, as well as the use of false documents, by companies subject to those laws and regulations, for the purpose of bribing foreign public officials or of hiding such bribery.

2. Each Party shall provide effective, proportionate and dissuasive civil administrative or criminal penalties for such omissions and falsifications in respect of the books, records, accounts and financial statements of such companies.

Article 9

Mutual Legal Assistance

1. Each Party shall, to the fullest extent possible under its laws and relevant treaties and arrangements, provide prompt and effective legal assistance to another Party for the purpose of criminal investigations and proceedings brought by a Party concerning offences within the scope of this Convention and for non-criminal proceedings within the scope of this Convention brought by a Party against a legal person. The requested Party shall inform the requesting Party, without delay, of any additional information or documents needed to support the request for assistance and, where requested, of the status and outcome of the request for assistance.

2. Where a Party makes mutual legal assistance conditional upon the existence of dual criminality, dual criminality shall be deemed to exist if the offence for which the assistance is sought is within the scope of this Convention.

3. A Party shall not decline to render mutual legal assistance for criminal matters within the scope of this Convention on the ground of bank secrecy.

Article 10

Extradition

1. Bribery of a foreign public official shall be deemed to be included as an extraditable offence under the laws of the Parties and the extradition treaties between them.

2. If a Party which makes extradition conditional on the existence of an extradition treaty receives a request for extradition from another Party with which it has no extradition treaty, it may consider this Convention to be the legal basis for extradition in respect of the offence of bribery of a foreign public official.

3. Each Party shall take any measures necessary to assure either that it can extradite its nationals or that it can prosecute its nationals for the offence of bribery of a foreign public official. A Party which declines a request to extradite a person for bribery of a foreign public official solely on the ground that the person is its national shall submit the case to its competent authorities for the purpose of prosecution.

4. Extradition for bribery of a foreign public official is subject to the conditions set out in the domestic law and applicable treaties and arrangements of each Party. Where a Party makes extradition conditional upon the existence of dual criminality, that condition shall be deemed to be fulfilled if the offence for which extradition is sought is within the scope of Article 1 of this Convention.

Article 11

Responsible Authorities

For the purposes of Article 4, paragraph 3, on consultation, Article 9, on mutual legal assistance and Article 10, on extradition, each Party shall notify to the Secretary-General of the OECD an authority or authorities responsible for making and receiving requests, which shall serve as channel of communication for these matters for that Party without prejudice to other arrangements between Parties.

Article 12

Monitoring and Follow-up

The Parties shall co-operate in carrying out a programme of systematic follow-up to monitor and promote the full implementation of this Convention. Unless otherwise decided by consensus of the Parties, this shall be done in the framework of the OECD Working Group on Bribery in International Business Transactions and according to its terms of reference, or within the framework and terms of reference of any successor to its functions, and Parties shall bear the costs of the programme in accordance with the rules applicable to that body.

Article 13

Signature and Accession

1. Until its entry into force, this Convention shall be open for signature by OECD members and by non-members which have been invited to become full participants in its Working Group on Bribery in International Business Transactions.

2. Subsequent to its entry into force, this Convention shall be open to accession by any non-signatory which is a member of the OECD or has become a full participant in the Working Group on Bribery in International Business Transactions or any successor to its functions. For each such non-signatory, the Convention shall enter into force on the sixtieth day following the date of deposit of its instrument of accession.

Article 14

Ratification and Depositary

1. This Convention is subject to acceptance, approval or ratification by the Signatories, in accordance with their respective laws.

2. Instruments of acceptance, approval, ratification or accession shall be deposited with the Secretary-General of the OECD, who shall serve as Depositary of this Convention.

Article 15

Entry into Force

1. This Convention shall enter into force on the sixtieth day following the date upon which five of the ten countries which have the ten largest export shares set out in DAFFE/IME/BR(97)18/FINAL (annexed), and which represent by themselves at least sixty per cent of the combined total exports of those ten countries, have deposited their instruments of acceptance, approval, or ratification. For each signatory depositing its instrument after such entry into force, the Convention shall enter into force on the sixtieth day after deposit of its instrument.

2. If, after 31 December 1998, the Convention has not entered into force under paragraph 1 above, any signatory which has deposited its instrument of acceptance approval or ratification may declare in writing to the Depositary its readiness to accept entry into force of this Convention under this paragraph 2. The Convention shall enter into force for such a signatory on the sixtieth day following the date upon which such declarations have been deposited by at least two signatories. For each signatory depositing its declaration after such entry into force, the Convention shall enter into force on the sixtieth day following the date of deposit.

Article 16

Amendment

Any Party may propose the amendment of this Convention. A proposed amendment shall be submitted to the Depositary which shall communicate it to the other Parties at least sixty days before convening a meeting of the Parties to consider the proposed amendment. An amendment adopted by consensus of the Parties, or by such other means as the Parties may determine by consensus, shall enter into force sixty days after the deposit of an instrument of ratification, acceptance or approval by all of the Parties, or in such other circumstances as may be specified by the Parties at the time of adoption of the amendment.

Article 17

Withdrawal

A Party may withdraw from this Convention by submitting written notification to the Depositary. Such withdrawal shall be effective one year after the date of the receipt of the notification. After withdrawal, co-operation shall continue between the Parties and the Party which has withdrawn on all requests for assistance or extradition made before the effective date of withdrawal which remain pending.

ANNEX - STATISTICS ON OECD EXPORTS

OECD EXPORTS

	1990-1996	1990-1996	1990-1996
	US $ million	%	%
		of Total OECD	of 10 largest
United States	287 118	15,9%	19,7%
Germany	254 746	14,1%	17,5%
Japan	212 665	11,8%	14,6%
France	138 471	7,7%	9,5%
United Kingdom	121 258	6,7%	8,3%
Italy	112 449	6,2%	7,7%
Canada	91 215	5,1%	6,3%
Korea (1)	81 364	4,5%	5,6%
Netherlands	81 264	4,5%	5,6%
Belgium-Luxembourg	78 598	4, 4%	5,4%
Total 10 largest	1 459 148	81,0%	100%

Spain	42 469	2,4%
Switzerland	40,395	2,2%
Sweden	36 710	2,0%
Mexico (1)	34 233	1,9%
Australia	27 194	1,5%
Denmark	24 145	1,3%
Austria*	22 432	1,2%
Norway	21 666	1,2%
Ireland	19 217	1,1%
Finland	17 296	1,0%
Poland (1)**	12 652	0,7%
Portugal	10,801	0,6%
Turkey*	8,027	0,4%
Hungary**	6,795	0,4%
New Zealand	6,663	0,4%
Czech Republic***	6,263	0,3%
Greece*	4,606	0,3%
Iceland	949	0,1%

Total OECD	1 801 661	100%

Source: OECD, (1) IMF

Concerning Belgium-Luxembourg: Trade statistics for Belgium and Luxembourg are available only on a combined basis for the two countries. For purposes of Article 15 paragraph 1 of the Convention, if either Belgium or Luxembourg deposits its instrument of acceptance, approval or ratification, or if both Belgium and Luxembourg deposit their instruments of acceptance, approval or ratification, it shall be considered that one of the countries which have the ten largest exports shares has deposited its instrument and the joint exports of both countries will be counted towards the 60 percent of combined total exports of those ten countries, which is required for entry into force under this provision.

SCHEDULE 3

“SCHEDULE 7D

PART A

CRIMINAL LAW CONVENTION ON CORRUPTION

Done at Strasbourg on the 27^th day of January 1999

Preamble

The member States of the Council of Europe and the other States signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Recognising the value of fostering co-operation with the other States signatories to this Convention;

Convinced of the need to pursue, as a matter of priority, a common criminal policy aimed at the protection of society against corruption, including the adoption of appropriate legislation and preventive measures;

Emphasising that corruption threatens the rule of law, democracy and human rights undermines good governance, fairness and social justice, distorts competition, hinders economic development and endangers the stability of democratic institutions and the moral foundations of society;

Believing that an effective fight against corruption requires increased, rapid and well-functioning international co-operation in criminal matters;

Welcoming recent developments which further advance international understanding and co-operation in combating corruption, including actions of the United Nations, the World Bank, the International Monetary Fund, the World Trade Organisation, the Organisation of American States, the OECD and the European Union;

Having regard to the Programme of Action against Corruption adopted by the Committee of Ministers of the Council of Europe in November 1996 following the recommendations of the 19th Conference of European Ministers of Justice (Valletta, 1994);

Recalling in this respect the importance of the participation of non-member States in the Council of Europe's activities against corruption and welcoming their valuable contribution to the implementation of the Programme of Action against Corruption;

Further recalling that Resolution No. 1 adopted by the European Ministers of Justice at their 21st Conference (Prague, 1997) recommended the speedy implementation of the Programme of Action against Corruption, and called, in particular, for the early adoption of a criminal law convention providing for the co-ordinated incrimination of corruption offences, enhanced co-operation for the prosecution of such offences as well as an effective follow-up mechanism open to member States and non-member States on an equal footing;

Bearing in mind that the Heads of State and Government of the Council of Europe decided, on the occasion of their Second Summit held in Strasbourg on 10 and 11 October 1997, to seek common responses to the challenges posed by the growth in corruption and adopted an Action Plan which, in order to promote co-operation in the fight against corruption, including its links with organised crime and money laundering, instructed the Committee of Ministers, inter alia, to secure the rapid completion of international legal instruments pursuant to the Programme of Action against Corruption;

Considering moreover that Resolution (97) 24 on the 20 Guiding Principles for the Fight against Corruption, adopted on 6 November 1997 by the Committee of Ministers at its 101^st Session, stresses the need rapidly to complete the elaboration of international legal instruments pursuant to the Programme of Action against Corruption;

In view of the adoption by the Committee of Ministers, at its 102^nd Session on 4 May 1998, of Resolution (98) 7 authorising the partial and enlarged agreement establishing the “Group of States against Corruption - GRECO”, which aims at improving the capacity of its members to fight corruption by following up compliance with their undertakings in this field,

Have agreed as follows:

Chapter I — Use of terms

Article 1

Use of terms

For the purposes of this Convention:

a. “public official” shall be understood by reference to the definition of “official” “public officer”, “mayor”, “minister” or “judge” in the national law of the State in which the person in question performs that function and as applied in its criminal law;

b. the term “judge” referred to in sub-paragraph a above shall include prosecutors and holders of judicial offices;

c. in the case of proceedings involving a public official of another State, the prosecuting State may apply the definition of public official only insofar as that definition is compatible with its national law;

d. “legal person” shall mean any entity having such status under the applicable national law, except for States or other public bodies in the exercise of State authority and for public international organisations.

Chapter II — Measures to be taken at national level

Article 2

Active bribery of domestic public officials

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any undue advantage to any of its public officials, for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions.

Article 3

Passive bribery of domestic public officials

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the request or receipt by any of its public officials, directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions.

Article 4

Bribery of members of domestic public assemblies

Article 5

Bribery of foreign public officials

Article 6

Bribery of members of foreign public assemblies

Article 7

Active bribery in the private sector

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally in the course of business activity, the promising, offering or giving, directly or indirectly, of any undue advantage to any persons who direct or work for, in any capacity, private sector entities, for themselves or for anyone else, for them to act, or refrain from acting, in breach of their duties.

Article 8

Passive bribery in the private sector

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, in the course of business activity, the request or receipt, directly or indirectly, by any persons who direct or work for, in any capacity, private sector entities, of any undue advantage or the promise thereof for themselves or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in breach of their duties.

Article 9

Bribery of officials of international organisations

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3, when involving any official or other contracted employee, within the meaning of the staff regulations, of any public international or supranational organisation or body of which the Party is a member, and any person, whether seconded or not, carrying out functions corresponding to those performed by such officials or agents.

Article 10

Bribery of members of international parliamentary assemblies

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Article 4 when involving any members of parliamentary assemblies of international or supranational organisations of which the Party is a member.

Article 11

Bribery of judges and officials of international courts

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3 involving any holders of judicial office or officials of any international court whose jurisdiction is accepted by the Party.

Article 12

Trading in influence

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the promising, giving or offering, directly or indirectly, of any undue advantage to anyone who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in Articles 2, 4 to 6 and 9 to 11 in consideration thereof, whether the undue advantage is for himself or herself or for anyone else, as well as the request, receipt or the acceptance of the offer or the promise of such an advantage, in consideration of that influence, whether or not the influence is exerted or whether or not the supposed influence leads to the intended result.

Article 13

Money laundering of proceeds from corruption offences

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Products from Crime (ETS No. 141), Article 6, paragraphs 1 and 2, under the conditions referred to therein, when the predicate offence consists of any of the criminal offences established in accordance with Articles 2 to 12 of this Convention, to the extent that the Party has not made a reservation or a declaration with respect to these offences or does not consider such offences as serious ones for the purpose of their money laundering legislation.

Article 14

Account offences

Each Party shall adopt such legislative and other measures as may be necessary to establish as offences liable to criminal or other sanctions under its domestic law the following acts or omissions, when committed intentionally, in order to commit, conceal or disguise the offences referred to in Articles 2 to 12, to the extent the Party has not made a reservation or a declaration:

a. creating or using an invoice or any other accounting document or record containing false or incomplete information;

b. unlawfully omitting to make a record of a payment.

Article 15

Participatory acts

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law aiding or abetting the commission of any of the criminal offences established in accordance with this Convention.

Article 16

Immunity

The provisions of this Convention shall be without prejudice to the provisions of any Treaty, Protocol or Statute, as well as their implementing texts, as regards the withdrawal of immunity.

Article 17

Jurisdiction

1. Each Party shall adopt such legislative and other measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with Articles 2 to 14 of this Convention where:

a. the offence is committed in whole or in part in its territory;

b. the offender is one of its nationals, one of its public officials, or a member of one of its domestic public assemblies;

c. the offence involves one of its public officials or members of its domestic public assemblies or any person referred to in Articles 9 to 11 who is at the same time one of its nationals.

2. Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraphs 1 b and c of this article or any part thereof.

3. If a Party has made use of the reservation possibility provided for in paragraph 2 of this article, it shall adopt such measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with this Convention, in cases where an alleged offender is present in its territory and it does not extradite him to another Party solely on the basis of his nationality, after a request for extradition.

4. This Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with national law.

Article 18

Corporate liability

1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons can be held liable for the criminal offences of active bribery trading in influence and money laundering established in accordance with this Convention committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on:

— a power of representation of the legal person; or

— an authority to take decisions on behalf of the legal person; or

— an authority to exercise control within the legal person;

as well as for involvement of such a natural person as accessory or instigator in the above-mentioned offences.

2. Apart from the cases already provided for in paragraph 1, each Party shall take the necessary measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of the criminal offences mentioned in paragraph 1 for the benefit of that legal person by a natural person under its authority.

3. Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators of, or accessories to the criminal offences mentioned in paragraph 1.

Article 19

Sanctions and measures

1. Having regard to the serious nature of the criminal offences established in accordance with this Convention, each Party shall provide, in respect of those criminal offences established in accordance with Articles 2 to 14, effective, proportionate and dissuasive sanctions and measures, including, when committed by natural persons penalties involving deprivation of liberty which can give rise to extradition.

2. Each Party shall ensure that legal persons held liable in accordance with Article 18 paragraphs 1 and 2, shall be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

3. Each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences established in accordance with this Convention, or property the value of which corresponds to such proceeds.

Article 20

Specialised authorities

Each Party shall adopt such measures as may be necessary to ensure that persons or entities are specialised in the fight against corruption. They shall have the necessary independence in accordance with the fundamental principles of the legal system of the Party, in order for them to be able to carry out their functions effectively and free from any undue pressure. The Party shall ensure that the staff of such entities has adequate training and financial resources for their tasks.

Article 21

Co-operation with and between national authorities

Each Party shall adopt such measures as may be necessary to ensure that public authorities, as well as any public official, co-operate, in accordance with national law, with those of its authorities responsible for investigating and prosecuting criminal offences:

a. by informing the latter authorities, on their own initiative, where there are reasonable grounds to believe that any of the criminal offences established in accordance with Articles 2 to 14 has been committed, or

b. by providing, upon request, to the latter authorities all necessary information.

Article 22

Protection of collaborators of justice and witnesses

Each Party shall adopt such measures as may be necessary to provide effective and appropriate protection for:

a. those who report the criminal offences established in accordance with Articles 2 to 14 or otherwise co-operate with the investigating or prosecuting authorities;

b. witnesses who give testimony concerning these offences.

Article 23

Measures to facilitate the gathering of evidence and the confiscation of proceeds

1. Each Party shall adopt such legislative and other measures as may be necessary including those permitting the use of special investigative techniques, in accordance with national law, to enable it to facilitate the gathering of evidence related to criminal offences established in accordance with Article 2 to 14 of this Convention and to identify, trace freeze and seize instrumentalities and proceeds of corruption, or property the value of which corresponds to such proceeds, liable to measures set out in accordance with paragraph 3 of Article 19 of this Convention.

2. Each Party shall adopt such legislative and other measures as may be necessary to empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized in order to carry out the actions referred to in paragraph 1 of this article.

3. Bank secrecy shall not be an obstacle to measures provided for in paragraphs 1 and 2 of this article.

Chapter III — Monitoring of implementation

Article 24

Monitoring

The Group of States against Corruption (GRECO) shall monitor the implementation of this Convention by the Parties.

Chapter IV — International co-operation

Article 25

General principles and measures for international co-operation

1. The Parties shall co-operate with each other, in accordance with the provisions of relevant international instruments on international co-operation in criminal matters, or arrangements agreed on the basis of uniform or reciprocal legislation, and in accordance with their national law, to the widest extent possible for the purposes of investigations and proceedings concerning criminal offences established in accordance with this Convention.

2. Where no international instrument or arrangement referred to in paragraph 1 is in force between Parties, Articles 26 to 31 of this chapter shall apply.

3. Articles 26 to 31 of this chapter shall also apply where they are more favourable than those of the international instruments or arrangements referred to in paragraph 1.

Article 26

Mutual assistance

1. The Parties shall afford one another the widest measure of mutual assistance by promptly processing requests from authorities that, in conformity with their domestic laws have the power to investigate or prosecute criminal offences established in accordance with this Convention.

2. Mutual legal assistance under paragraph 1 of this article may be refused if the requested Party believes that compliance with the request would undermine its fundamental interests, national sovereignty, national security or ordre public.

3. Parties shall not invoke bank secrecy as a ground to refuse any co-operation under this chapter. Where its domestic law so requires, a Party may require that a request for co-operation which would involve the lifting of bank secrecy be authorised by either a judge or another judicial authority, including public prosecutors, any of these authorities acting in relation to criminal offences.

Article 27

Extradition

1. The criminal offences established in accordance with this Convention shall be deemed to be included as extraditable offences in any extradition treaty existing between or among the Parties. The Parties undertake to include such offences as extraditable offences in any extradition treaty to be concluded between or among them.

2. If a Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any criminal offence established in accordance with this Convention.

3. Parties that do not make extradition conditional on the existence of a treaty shall recognise criminal offences established in accordance with this Convention as extraditable offences between themselves.

4. Extradition shall be subject to the conditions provided for by the law of the requested Party or by applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.

5. If extradition for a criminal offence established in accordance with this Convention is refused solely on the basis of the nationality of the person sought, or because the requested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case to its competent authorities for the purpose of prosecution unless otherwise agreed with the requesting Party, and shall report the final outcome to the requesting Party in due course.

Article 28

Spontaneous information

Without prejudice to its own investigations or proceedings, a Party may without prior request forward to another Party information on facts when it considers that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offences established in accordance with this Convention or might lead to a request by that Party under this chapter.

Article 29

Central authority

1. The Parties shall designate a central authority or, if appropriate, several central authorities, 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.

2. Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of

the Council of Europe the names and addresses of the authorities designated in pursuance of paragraph 1 of this article.

Article 30

Direct communication

1. The central authorities shall communicate directly with one another.

2. In the event of urgency, requests for mutual assistance or communications related thereto may be sent directly by the judicial authorities, including public prosecutors, of the requesting Party to such authorities of the requested Party. In such cases a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.

3. Any request or communication under paragraphs 1 and 2 of this article may be made through the International Criminal Police Organisation (Interpol).

4. Where a request is made pursuant to paragraph 2 of this article and the authority is not competent to deal with the request, it shall refer the request to the competent national authority and inform directly the requesting Party that it has done so.

5. Requests or communications under paragraph 2 of this article, which do not involve coercive action, may be directly transmitted by the competent authorities of the requesting Party to the competent authorities of the requested Party.

6. Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this chapter are to be addressed to its central authority.

Article 31

Information

The requested Party shall promptly inform the requesting Party of the action taken on a request under this chapter and the final result of that action. The requested Party shall also promptly inform the requesting Party of any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly.

Chapter V — Final provisions

Article 32

Signature and entry into force

1. This Convention shall be open for signature by the member States of the Council of Europe and by non-member States which have participated in its elaboration. Such States may express their consent to be bound by:

a. signature without reservation as to ratification, acceptance or approval; or

b. signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which fourteenth States have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1. Any such State, which is not a member of the Group of States against Corruption (GRECO) at the time of ratification, shall automatically become a member on the date the Convention enters into force.

4. In respect of any signatory State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of their consent to be bound by the Convention in accordance with the provisions of paragraph 1. Any signatory State, which is not a member of the Group of States against Corruption (GRECO) at the time of ratification, shall automatically become a member on the date the Convention enters into force in its respect.

Article 33

Accession to the Convention

1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Contracting States to the Convention, may invite the European Community as well as any State not a member of the Council and not having participated in its elaboration to accede to this Convention, by a decision taken by the majority provided for in Article 20d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.

2. In respect of the European Community and any State acceding to it under paragraph 1 above, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. The European Community and any State acceding to this Convention shall automatically become a member of GRECO, if it is not already a member at the time of accession, on the date the Convention enters into force in its respect.

Article 34

Territorial application

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

2. Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

Article 35

Relationship to other conventions and agreements

1. This Convention does not affect the rights and undertakings derived from international multilateral conventions concerning special matters.

2. The Parties to the Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.

3. If two or more Parties have already concluded an agreement or treaty in respect of a subject which is dealt with in this Convention or otherwise have established their relations in respect of that subject, they shall be entitled to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Convention, if it facilitates international co-operation.

Article 36

Declarations

Any State may, at the time of signature or when depositing its instrument of ratification acceptance, approval or accession, declare that it will establish as criminal offences the active and passive bribery of foreign public officials under Article 5, of officials of international organisations under Article 9 or of judges and officials of international courts under Article 11, only to the extent that the public official or judge acts or refrains from acting in breach of his duties.

Article 37

Reservations

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, reserve its right not to establish as a criminal offence under its domestic law, in part or in whole, the conduct referred to in Articles 4, 6 to 8, 10 and 12 or the passive bribery offences defined in Article 5.

2. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession declare that it avails itself of the reservation provided for in Article 17, paragraph 2.

3. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession declare that it may refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence which the requested Party considers a political offence.

4. No State may, by application of paragraphs 1, 2 and 3 of this article, enter reservations to more than five of the provisions mentioned thereon. No other reservation may be made. Reservations of the same nature with respect to Articles 4, 6 and 10 shall be considered as one reservation.

Article 38

Validity and review of declarations and reservations

1. Declarations referred to in Article 36 and reservations referred to in Article 37 shall be valid for a period of three years from the day of the entry into force of this Convention in respect of the State concerned. However, such declarations and reservations may be renewed for periods of the same duration.

2. Twelve months before the date of expiry of the declaration or reservation, the Secretariat General of the Council of Europe shall give notice of that expiry to the State concerned. No later than three months before the expiry, the State shall notify the Secretary General that it is upholding, amending or withdrawing its declaration or reservation. In the absence of a notification by the State concerned, the Secretariat General shall inform that State that its declaration or reservation is considered to have been extended automatically for a period of six months. Failure by the State concerned to notify its intention to uphold or modify its declaration or reservation before the expiry of that period shall cause the declaration or reservation to lapse.

3. If a Party makes a declaration or a reservation in conformity with Articles 36 and 37, it shall provide, before its renewal or upon request, an explanation to GRECO, on the grounds justifying its continuance.

Article 39

Amendments

1. Amendments to this Convention may be proposed by any Party, and shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe and to every non-member State which has acceded to, or has been invited to accede to, this Convention in accordance with the provisions of Article 33.

2. Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems (CDPC), which shall submit to the Committee of Ministers its opinion on that proposed amendment.

3. The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDPC and, following consultation of the non-member States Parties to this Convention, may adopt the amendment.

4. The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance.

5. Any amendment adopted in accordance with paragraph 3 of this article shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.

Article 40

Settlement of disputes

1. The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the interpretation and application of this Convention.

2. In case of a dispute between Parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on Crime Problems, to an arbitral tribunal whose decisions shall be binding upon the Parties, or to the International Court of Justice, as agreed upon by the Parties concerned.

Article 41

Denunciation

1. Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Article 42

Notification

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Convention of:

a. any signature;

b. the deposit of any instrument of ratification, acceptance, approval or accession;

c. any date of entry into force of this Convention in accordance with Articles 32 and 33;

d. any declaration or reservation made under Article 36 or Article 37;

e. any other act, notification or communication relating to this Convention.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at Strasbourg, this 27th day of January 1999, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to it.

PART B

Reservations and Declarations to the Criminal Law Convention on Corruption:

Bulgaria:

Reservations contained in the instrument of ratification, deposited on 7 November 2001:

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Bulgaria reserves the right not to establish as criminal offence under its domestic law the conduct referred to in Articles 6, 10 and 12 as well as the passive bribery offences defined in Article 5.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Bulgaria declares that it shall establish the conduct referred to in Articles 7 and 8 as criminal offence under its domestic law only if it comes under any of the definitions of criminal offences laid down in the Criminal Code of the Republic of Bulgaria.

Croatia:

Declaration contained in a Note Verbale from the Permanent Representation of Croatia handed at the time of deposit of the instrument of acceptance, on 8 November 2000:

In accordance with Article 29 of the Convention, the central authority of the Republic of Croatia is the:

Ministry of Justice, Administration and Local Self-Government of the Republic of Croatia

Directorate for International Co-operation,

International Judicial Cooperation and Human Rights

Ulica Republike Austrije 14

10 000 Zagreb

Croatia

Liaison Officer :

Ms Lidija Lukina KARAJKOVIC, Deputy Minister

Tel.: 00.385.1.37.10.670

Fax: 00.385.1.37.10.672

Cyprus:

Reservation contained in the instrument of ratification deposited on 17 January 2001:

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Cyprus reserves its right to refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence, which the requested Party considers a political offence.

Czech Republic:

Reservation contained in the instrument of ratification deposited on 8 September 2000:

With the reservation provided for under Article 37, paragraph 1, of the Criminal Law Convention on Corruption, the Czech Republic declares that it shall establish the conduct referred to in Articles 7 and 8 of the Convention as a criminal offence under its domestic law only if it comes under any of the definitions of criminal offences laid down in the Criminal Code of the Czech Republic.

Declaration contained in a Note Verbale, handed over at the time of deposit of the instrument of ratification on 8 September 2000:

In accordance with Article 29 of the Convention, the Czech Republic notifies that for the purposes of the Convention, the following authorities shall be henceforth considered as central authorities: Prosecutor General's office of the Czech Republic before the case is brought before court and the Ministry of Justice of the Czech Republic after it has been brought before court.

Declaration contained in a Note Verbale, handed at the time of deposit of the instrument of ratification on 8 September 2000:

In accordance with Article 30, paragraph 2, of the Convention, the Czech Republic notifies that for the purposes of the Convention, the following authorities shall be henceforth considered as judicial authorities:

Supreme Prosecutor's Office of the Czech Republic, High Prosecutor's Office in Prague High Prosecutor's Office in Olomouc, regional and district prosecutors' offices, Municipal Prosecutor's Office in Brno, Municipal Prosecutor's Office in Prague, District Prosecutor's Offices in Prague, Ministry of Justice of the Czech Republic, Supreme Court of the Czech Republic, High Court in Prague, High Court in Olomouc, regional and district courts, Municipal Court in Brno, Municipal Court in Prague and district courts in Prague.

Denmark:

Reservation contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000:

With regard to Article 37, paragraph 1, of the Convention, Denmark reserves the right not to establish as a criminal offence under Danish law, in part or in whole, the conduct referred to in Article 12.

Reservation contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000:

With regard to Article 37, paragraph 2, of the Convention, Denmark reserves the right to apply Article 17, paragraph 1b, in cases where the offender is one of its nationals, only if the offence is also a criminal offence according to the law of the Party where the offence was committed (dual criminality).

Reservation contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000:

With regard to Article 37, paragraph 3, of the Convention, Denmark reserves the right to refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence which according to Danish law is considered a political offence.

Declaration contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000:

In accordance with Article 29, paragraph 2, of the Convention, the Government of Denmark has designated the Ministry of Justice, Slotsholmsgade 10, DK-1216 Copenhagen K, Denmark, as competent authority.

Declaration contained in a Note Verbale from the Permanent Representation of Denmark appended to the instrument of ratification deposited on 2 August 2000:

In pursuance to Article 34 and until notification to the contrary, the Convention shall not apply to the Faroe Islands and Greenland.

Estonia:

Declaration contained in the instrument of ratification, deposited on 6 December 2001:

In accordance with Article 29, paragraph 1, of the Convention, the Republic of Estonia has designated the Ministry of Justice as the central authority.

Reservation contained in the instrument of ratification, deposited on 6 December 2001:

Pursuant to Article 37, paragraph 1, of the Convention, the Republic of Estonia does not establish as a criminal act the exertion of influence over decision-making referred to in Article 12.

Finland:

Reservations contained in the instrument of acceptance deposited on 3 October 2002:

The Government of the Republic of Finland makes the following reservations: Finland shall only establish as a criminal offence under its domestic law the conduct referred to in Article 12 to the extent it is considered a punishable corruption offence or punishable participation in such an offence, or other criminal offence.

Finland reserves itself the right to apply, in respect of its own nationals, the jurisdiction rule laid down in paragraph 1 (b) subject to the requirement of dual punishability set forth in Chapter I, section 11 of the Finnish penal Code in cases of active or passive bribery in the private sector referred to in Articles 7 and 8, provided that the criminal offence does not seriously interfere with or jeopardise the governmental, military or economic interests or benefits of Finland.

Hungary:

Declaration contained in a Note Verbale from the Minister for Foreign Affairs of Hungary handed at the time of deposit of the instrument of ratification on 22 November 2000:

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Hungary designates the Ministry of Justice (1055 Budapest, Kossuth Lajos tér 4.) and the State Prosecutor's Office (1055 Budapest, Markó u. 16) as central authorities.

Declaration contained in a Note Verbale from the Minister for Foreign Affairs of Hungary handed at the time of deposit of the instrument of ratification on 22 November 2000:

In accordance with Article 30, paragraph 6, of the Convention, the Republic of Hungary informs that, for reasons of efficiency, requests made under Chapter IV are to be addressed to one of these authorities.

Reservation contained in a Note Verbale from the Ministry for Foreign Affairs of Hungary, handed at the time of deposit of the instrument of ratification on 22 November 2000:

In accordance with Article 37, paragraph 1, of the Convention, Hungary reserves the right not to establish as criminal offences the conduct referred to in Article 8 and committed by foreign citizens in the course of business activities abroad.

Reservation contained in a Note Verbale from the Ministry for Foreign Affairs of Hungary, handed at the time of deposit of the instrument of ratification on 22 November 2000 and withdrawn by a Note verbale from the Permanent Representation of Hungary dated 16 September 2002, registered at the Secretariat General on 19 September 2002:

In accordance with Article 37, paragraph 1, of the Convention, Hungary reserves the right not to establish as criminal offences the passive bribery offences defined in Article 5 and 6 of the Convention.

Latvia:

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Latvia handed at the time of deposit of the instrument of ratification, on 9 February 2001:

For the purposes of the Convention, the Republic of Latvia declares that the term “national” relates to the citizens of the Republic of Latvia and to the non-citizens who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens of Latvia or any other State.

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs of Latvia handed at the time of deposit of the instrument of ratification, on 9 February 2001:

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Latvia declares that it may refuse mutual legal assistance under paragraph 1 of Article 26 of the Convention, if the request concerns an offence which the Republic of Latvia considers a political offence.

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Latvia handed at the time of deposit of the instrument of ratification, on 9 February 2001:

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Latvia declares that the authorities designated in pursuance of Article 29, paragraph 1, are:

1) Ministry of the Interior - during pre-trial investigation until prosecution.

Raina blvd. 6, Riga, LV-1050, Latvia

Phone: +371.721.9263; Fax: +371.227.1005

E-mail: kanceleja@iem.gov.lv

2) Prosecutor General's Office - during pre-trial investigation until submitting the case to the court.

O. Kalpaka blvd. 6, Riga, LV-1801, Latvia

Phone: +371.704.4400 ; Fax: +371.704.4449

E-mail: gen@lrp.gov.lv

3) Ministry of Justice - during the trial.

Brivibas blvd. 36, Riga, LV-1536, Latvia

Phone: +371.708.8220, 728.0437

Fax: +371.721.0823, 728.5575

E-mail: justice@latnet.lv

Lithuania:

Declaration contained in the instrument of ratification deposited on 8 March 2002:

The Republic of Lithuania designates the Ministry of Justice of Lithuania and the Prosecutor's General Office under the Supreme Court of the Republic of Lithuania as the central authorities which shall be responsible for the implementation of the provisions of Article 29 of the Convention.

Malta:

Declaration contained in a letter from the Minister of Foreign Affairs of Malta, dated 12 May 2003, appended to the instrument of ratification deposited on 15 May 2003:

In accordance with Article 29, paragraph 2, of the Convention, Malta declares that the central authorities are:

For requests concerning extradition:

The Ministry for Justice and Home Affairs

“Casa Leoni”

St Joseph High Road

St Venera CMR 02

Malta

For requests other than those concerning extradition:

The Attorney General

The Palace

Valletta CMR 02

Malta.

Declaration contained in a letter from the Minister of Foreign Affairs of Malta, dated 12 May 2003, appended to the instrument of ratification deposited on 15 May 2003:

In accordance with Article 30, paragraph 6, of the Convention, Malta declares that, for reasons of efficiency, requests under Chapter IV are to be addressed to the relevant central authority as aforesaid.

Netherlands:

Reservations contained in the instrument of ratification deposited on 11 April 2002:

In accordance with Article 31, paragraph 1, the Netherlands will not fulfil the obligation under Article 12.

In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph 1, the Netherlands may exercise jurisdication in the following cases:

a. in respect of a criminal offence that is committed in whole or in part on the Dutch territory;

b. - over both Dutch nationals and Dutch public officials in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Articles 4 to 6 and Articles 9 to 11 in conjunction with Article 2, where these constitute criminal offences under the law of the country in which they were committed;

- over Dutch public officials and also over Dutch nationals who are not Dutch public officials in respect of offences established in accordance with Articles 4 to 6 and 9 to 11 in conjunction with Article 3, where these constitute criminal offences under the law of the country in which they were committed;

- over Dutch nationals in respect of offences established in accordance with Articles 7, 8, 13 and 14, where these constitute criminal offences under the law of the country in which they were committed;

c. over Dutch nationals involved in an offence that constitutes a criminal offence under the law of the country in which it was committed.

Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 15 April 2002, registered at the Secretariat General on 15 April 2002:

In accordance with Article 29, paragraph 2, of the Convention, the Netherlands declare that the central authority is:

Het Ministerie van Justitie (Ministry of Justice)

Directie Internationale Strafrechtelijke Aangelegenheden en Drugsbeleid

Bureau Internationale Rechtshulp in Strafzaken

Postbus 20301

2500 EH Den Haag.

Poland:

Reservations contained in the instrument of ratification deposited on 11 December 2002:

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 7 of the Convention, insofar as the conduct described in the Article 7 does not constitute a criminal offence under provisions of the Criminal Code.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its rights not to establish as a criminal offence under its domestic law the conduct referred to in Article 8 of the Convention, insofar as the conduct described in the Article 8 does not constitute a criminal offence under provisions of the Criminal Code.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12 of the Convention, insofar as the conduct described in the Article 12 does not constitue a criminal offence under provisions of the Criminal Code.

Declaration contained in the instrument of ratification deposited on 11 December 2002:

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Poland declares that the Central Authority for the requests concerning criminal proceedings is the Ministry of Justice, Al. Ujazdowskie 11, 00-950 Warszawa.

The Central Authority for the requests concerning other proceedings than criminal conducted against legal persons in order to establish their responsibility or to impose a sanction on the legal person for the bribery of a person performing public function is the Office for Protection of Competition and Consumers (Urzad Ochrony Konkurencji i Konsumentów), pl. Powstanców Warszawy 1, 00-950 Warszawa.

Portugal:

Declaration contained in the instrument of ratification deposited on 7 May 2002:

In accordance with Article 29 of the Convention, the Republic of Portugal designates the following central authority:

PROCURADORIA GERAL DA REPUBLICA

Rua da Escola Politécnica, n° 140

1269 — 269 LISBOA

Reservation contained in the instrument of ratification deposited on 7 May 2002:

In accordance with Article 17, paragraph 2, of the Convention, the Republic of Portugal declares that where the offender is one of its citizens, but not an official or not performing a political function within the State of Portugal, it shall apply the jurisdiction rule laid down in paragraph 1b of Article 17 of the Convention only if:

• the offender is present on its territory;

• the offences committed are also punished by the Law of the territory on which they have been committed, except if the power of punishment is not exerted in this territory;

• these offences are offences allowing extradition and extradition can not be granted.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Portugal reserves its right not to establish as a criminal offence the passive bribery offences under Article 5 and 6, except where the offenders are public officials of other member States of the European Union or perform therein a political function and provided that the offence has been committed in whole or in part in the territory of Portugal.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Portugal declares that it considers as criminal offences the conduct referred to in Articles 7 and 8 of the Convention only if the corruption in the private sector results in a distortion of competition or an economic loss for third persons.

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Portugal declares that it may refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence that the Republic of Portugal considers a political offence.

Romania:

Declaration contained in the instrument of ratification deposited on 11 July 2002:

In accordance with Article 29 of the Convention, Romania designates the following authorities:

a) the Prosecutor's Office attached to the Supreme Court of Justice, for the requests of judicial assistance formulated in pre-trial investigation

Boulevard Libertatii nr. 14, sector 5 Bucharest, Tel.: 410 54 35 - fax: 337 47 54

b) the Ministry of Justice, for the requests of judicial assistance formulated during the trial or execution of punishment, as well as for the requests of extradition str. Apollodor nr. 17, sector 5 Bucharest, Tel.: 314 15 14 - fax: 310 16 62

Serbia and Montenegro:

Reservation contained in the instrument of accession deposited on 18 December 2002:

In accordance with Article 37, paragraph 3, of the Convention, the Federal Republic of Yugoslavia reserves the right to reject a request for international legal assistance under Article 26, paragraph 1, if the request concerns a criminal offence which is considered a political offence according to Yugoslav legislation.

Slovenia:

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs of Slovenia dated 4 May 2000, deposited at the time of ratification of the instrument, on 12 May 2000:

In accordance with Article 37 of the Convention, the Republic of Slovenia declares that it reserves the right not to establish as a criminal offence under its domestic law the following:

The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 6, when involving any person who is a member of a public assembly exercising legislative or administrative powers in any other State.

The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 8, relating to the acceptance of an offer or a promise of any undue advantage.

The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12: When committed intentionally, the promising, giving or offering, directly or indirectly, of any undue advantage to anyone who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in Articles 2, 4 to 6 and 9 to 11, as well as the request, receipt or the acceptance of the offer or the promise of such and advantage.”

SCHEDULE 4

TABLE

Countries with which the State has made an extradition agreement under section 8(2) of the Act of 1965

Places to which an extradition agreement or an arrangement under section 8(2) of the Act of 1965 applies

Paris Convention

Hague Convention

Montreal Convention

Montreal Protocol

Nuclear Materials Convention

Drug Trafficking Convention

Anti-Terrorism Convention

Convention Against Torture

Convention on the Safety of UN Personnel

Australian Treaty

States Treaty

United Combating Bribery

Convent Corruption

Afghanistan

Albania

Algeria

Andorra

Angola

Antigua and Barbuda

Argentina

Armenia

Australia

Austria

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belarus

Belgium

Belize

Benin

Bhutan

Bolivia

Bosnia and Herzegovina

Botswana

Brazil

Brunei Darussalam

Bulgaria

Burkina Faso

Burundi

Cambodia

Cameroon

Canada

Cape Verde

Central African Republic

Chad

Chile

China

Colombia

Comoros

Congo

Costa Rica

Cote d'Ivoire

Croatia

Cuba

Cyprus

Czech Republic

Democratic People's Republic of Korea

Democratic Republic of the Congo

Denmark

Djibouti

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Eritrea

Equatorial Guinea

Estonia

Ethiopia

Fiji

Finland

France

Gabon

Gambia

Georgia

Germany

Ghana

Greece

Grenada

Guatemala

Guinea

Guinea- Bissau

Guyana

Haiti

Holy See

Honduras

Hungary

Iceland

India

Indonesia

Iran (Islamic Republic of)

Iraq

Ireland

Israel

Italy

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Kuwait

Kyrgyzstan

Lao People's Democratic Republic

Latvia

Lebanon

Lesotho

Liberia

Libyan Arab Jamahiriya

Liechtenstein

Lithuania

Luxembourg

Madagascar

Malawi

Malaysia

Maldives

Mali

Malta

Marshall Islands

Mauritania

Mauritius

Mexico

Micronesia (Federated States of)

Monaco

Mongolia

Morocco

Mozambique

Myanmar

Namibia

Nauru

Nepal

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Oman

Pakistan

Palau

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Republic of Korea

Republic of Moldova

Romania

Russian Federation

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Samoa

San Marino

Sao Tome and Principe

Saudi Arabia

Senegal

Serbia and Montenegro

Seychelles

Sierra Leone

Singapore

Slovak Republic

Slovenia

Somalia

Solomon Islands

South Africa

Spain

Sri Lanka

Sudan

Suriname

Swaziland

Sweden

Switzerland

Syrian Arab Republic

Tajikistan

Thailand

The Former Yugoslav Republic of Macedonia

Timor-Leste

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Uganda

Ukraine

United Arab Emirates

United Kingdom

United Republic of Tanzania

United States of America

Uruguay

Uzbekistan

Vanuatu

Venezuela

Viet Nam

Yemen

Zambia

Zimbabwe

Netherlands Antilles

Aruba

/images/seal.jpg

GIVEN under the Official Seal of the Government

this 7^th day of October, 2003.

BERTIE AHERN,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to amend the Extradition Act 1965 (Application of Part II Order 2000 by applying the provisions of Part II of the enabling Act to States Parties to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which was ratified on behalf of the State on the 22^nd day of September 2003, to States Parties to the Criminal Law Convention on Corruption which was ratified on behalf of the State on the 3^rd day of October 2003, and to those additional States which became party to the international agreements dealt with by that Order so as to ensure that the State can fulfil its international obligations relating to extradition.

1990-1995;

1991-1996;

1990-1995;

1991-1996;

1993-1996;

1990-1995;