38 (1990) Nr. 6

A. TITEL

Verdrag inzake het witwassen, de opsporing, de inbeslagneming en de confiscatie van opbrengsten van misdrijven;

Straatsburg, 8 november 1990

B. TEKST

De Engelse en de Franse tekst van het Verdrag zijn geplaatst in Trb. 1990, 172.

C. VERTALING

Zie Trb. 1990, 172.

Voor een correctie in de vertaling zie Trb. 1993, 88.

D. PARLEMENT

Zie Trb. 1993, 88.

E. PARTIJGEGEVENS

Zie rubriek E van Trb. 1990, 172, rubriek H van Trb. 1997, 68 en rubriek F van Trb. 2002, 196.

Partij

Ondertekening

Ratificatie

Type*

In werking

Opzegging

Buiten werking

Albanië

04-04-00

31-10-01

R

01-02-02

   

Andorra

07-05-99

28-07-99

R

01-11-99

   

Armenië

11-05-01

24-11-03

R

01-03-04

   

Australië

28-09-92

31-07-97

R

01-11-97

   

Azerbeidzjan

07-11-01

04-07-03

R

01-11-03

   

België

08-11-90

28-01-98

R

01-05-98

   

Bosnië en Herzegovina

 

30-03-04

O

01-07-04

   

Bulgarije

28-09-92

02-06-93

R

01-10-93

   

Cyprus

08-11-90

15-11-96

R

01-03-97

   

Denemarken

08-11-90

19-11-96

R

01-03-97

   

Duitsland

08-11-90

16-09-98

R

01-01-99

   

Estland

25-06-99

10-05-00

R

01-09-00

   

Finland

25-09-91

09-03-94

R

01-07-94

   

Frankrijk

05-07-91

08-10-96

R

01-02-97

   

Georgië

30-04-02

13-05-04

R

01-09-04

   

Griekenland

28-09-92

22-06-99

R

01-10-99

   

Hongarije

06-11-97

02-03-00

R

01-07-00

   

Ierland

15-10-96

28-11-96

R

01-03-97

   

IJsland

08-11-90

21-10-97

R

01-02-98

   

Italië

08-11-90

20-01-94

R

01-05-94

   

Kroatië

06-11-96

11-10-97

R

01-02-98

   

Letland

11-03-98

01-12-98

R

01-04-99

   

Liechtenstein

29-06-95

09-11-00

R

01-03-01

   

Litouwen

03-06-94

20-06-95

R

01-10-95

   

Luxemburg

28-09-92

12-09-01

R

01-01-02

   

Macedonië, de voormalige Joegoslavische Republiek

14-12-99

19-05-00

R

01-09-00

   

Malta

05-11-98

19-11-99

R

01-03-00

   

Moldavië

06-05-97

30-05-02

R

01-09-02

   

Monaco

 

10-05-02

T

01-09-02

   

Montenegro

 

14-06-06

VG

06-06-06

   

Nederlanden, het Koninkrijk der

08-11-90

         

– Nederland:

           

 – in Europa

 

10-05-93

R

01-09-93

   

 – Bonaire

 

 

10-10-10

   

 – Sint Eustatius

 

 

10-10-10

   

 – Saba

 

 

10-10-10

   

– Aruba

 

07-04-99

R

01-08-99

   

– Curaçao

 

 

10-10-10

   

– Sint Maarten

 

 

10-10-10

   

Noorwegen

08-11-90

16-11-94

R

01-03-95

   

Oekraïne

29-05-97

26-01-98

R

01-05-98

   

Oostenrijk

10-07-91

07-07-97

R

01-11-97

   

Polen

05-11-98

20-12-00

R

01-04-01

   

Portugal

08-11-90

19-10-98

R

01-02-99

   

Roemenië

18-03-97

06-08-02

R

01-12-02

   

Russische Federatie

07-05-99

02-08-01

R

01-12-01

   

San Marino

16-11-95

12-10-00

R

01-02-01

   

Servië

09-10-03

09-10-03

R

01-02-04

   

Slovenië

23-11-93

23-04-98

R

01-08-98

   

Slowakije

08-09-99

07-05-01

R

01-09-01

   

Spanje

08-11-90

06-08-98

R

01-12-98

   

Tsjechië

18-12-95

19-11-96

R

01-03-97

   

Turkije

27-09-01

06-10-04

R

01-02-05

   

Verenigd Koninkrijk

08-11-90

28-09-92

R

01-09-93

   

Zweden

08-11-90

15-07-96

R

01-11-96

   

Zwitserland

23-08-91

11-05-93

R

01-09-93

   

* O=Ondertekening zonder voorbehoud of vereiste van ratificatie, R=Bekrachtiging, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebondenheid, NB=Niet bekend

Uitbreidingen

Verenigd Koninkrijk

Uitgebreid tot

In werking

Buiten werking

Guernsey

01-01-2003

 

Man

01-05-1995

 

Verklaringen, voorbehouden en bezwaren

Albanië, 31 oktober 2001

For the purpose of Article 23 of the Convention, the responsible authority for Albania is the Directory for the co-ordination of the fight against money laundering.

The address of this directory is:

Ministry of Finance of Albania

Rruga “Deshmoret e Kombit”

Tirana – Albania

Phone: + 355 42 486 40

Fax: + 355 42 486 40

e-mail: info@minfin.gov.al

Andorra, 28 juli 1999

In accordance with Article 2, paragraph 2, the Andorran State declares that paragraph 1 of Article 2 applies only to criminal offences or to categories of criminal offences provided for in Andorran national legislation concerning the laundering of money or values derived from crime.

In accordance with Article 6, paragraph 4, the Andorran State declares that paragraph 1 of Article 6 applies only to predicate offences or categories of such offences provided for in Andorran national legislation concerning the laundering of money or values derived from crime.

In accordance with Article 14, paragraph 3, the Andorran State declares that paragraph 2 of Article 14 applies only subject to its constitutional principles and the basic concepts of the Andorran legal system.

In accordance with Article 21, paragraph 2, the Andorran State declares that service of judicial documents can be effected only through the central authority, which is the Administration of Justice or the President of the “Batllia”.

In accordance with Article 25, paragraph 3, the documents sent to the Andorran State should be drafted in or translated into Catalan, Spanish, French or English.

In accordance with paragraph 2 of Article 32, information or evidence provided by the Andorran State under this chapter may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with Article 23, paragraph 2, the central authority is:

Administration of Justice or the President of the “Batllia”

Edifici de les Columnes

Avinguda Tarragona

Andorra la Vella

Principat d’Andorra

Tel: 861 661

Fax: 867 661

As the legal system of Andorra contains already almost all the measures referred to in the Convention of Strasbourg, accession to the said Convention implies for the Andorran State only slight adaptations of its legal system which will be taken into consideration during future legislative reforms. As concerns the respect of rights and obligations resulting from the accession to this Convention, without relinquishing the specific characteristics of the internal legislation, particularly concerning the protection of individual freedoms and the rights of third parties in good faith, and concerning the protection of the national sovereignty and the general interest, Andorra undertakes to respect the obligations between States provided for in the Convention of Strasbourg for the fight against the laundering of money and values derived from crime, and to collaborate, through its judicial authorities and in the framework of reciprocity, with the other States respecting the provisions of the Convention.

Armenië, 24 november 2003

In accordance with paragraph 2 of Article 2, the Republic of Armenia declares that paragraph 1 of Article 2 shall apply to the following categories of crimes:

  • a) Crimes against Property

  • b) Crimes against Economic Activity

  • c) Crimes against Public Security

  • d) Crimes against Public Health

  • e) Crimes against the Foundations of Constitutional Order and Security of the State

  • f) Crimes against State service

The Republic of Armenia reserves the right of further adding other categories of criminal activities.

In accordance with paragraph 4 of Article 6, the Republic of Armenia declares that paragraph 1 of Article 6 of the Convention shall apply to all categories of crimes set forth in its declaration made in accordance with paragraph 2 of Article 2.

In accordance with paragraph 3 of Article 14, the Republic of Armenia declares that paragraph 2 of Article 14 applies only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with paragraph 3 of Article 25, the Republic of Armenia declares that the requests and supporting documents to be sent to the Armenian authorities shall be accompanied by a certified translation into Armenian or into one of the official languages of the Council of Europe.

In accordance with paragraph 2 of Article 32, the Republic of Armenia declares that information or evidence provided it under Chapter III may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with paragraph 2 of Article 23 of the Convention, the Republic of Armenia communicates that the central authorities designated in pursuance of paragraph 1 of Article 23 are:

  • a) the Ministry of Justice of the Republic of Armenia, in respect of requests for the enforcement of judgments in force,

  • b) the General Prosecutor’s Office of the Republic of Armenia, in respect of requests at criminal prosecution stage.

Australië, 31 juli 1997

In accordance with Article 21, paragraph 2, Australia declares that judicial documents should be served only through its central authority.

In accordance with Article 25, paragraph 3, Australia declares that it reserves the right to require that requests made to it and documents supporting such requests be accompagnied by a translation into English.

In accordance with Article 32, paragraph 2, Australia declares that information or evidence provided by it under Chapter III of the Convention may not, without the prior consent of the competent Australian authorities, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

The Government of Australia declares that, in accordance with Article 23, paragraph 2, the central authority of Australia designated in pursuance of Article 23, paragraph 1, is as follows:

Mutual Assistance Unit

International Branch

Criminal Law Division

Attorney-General’s Department

Robert Garran Offices

National Circuit

BARTON ACT 2600

AUSTRALIA.

Azerbeidzjan, 4 juli 2003

In accordance with Article 6, paragraph 4, of the Convention, the Republic of Azerbaijan declares that paragraph 1 of Article 6 shall apply only to the predicate offences specified in the criminal legislation of the Republic of Azerbaijan.

In accordance with Article 14, paragraph 3, of the Convention, the Republic of Azerbaijan declares that the provisons of Article 14, paragraph 2, of the Convention shall apply only subject to the constitutional principles of the Republic of Azerbaijan.

In accordance with Article 21, paragraph 2, of the Convention, the Republic of Azerbaijan declares that judicial documents shall be served through the Ministry of Justice of the Republic of Azerbaijan.

In accordance with Article 25, paragraph 3, of the Convention, the Republic of Azerbaijan declares that requests and documents supporting such requests shall be accompanied by a translation into Azerbaijani or English.

In accordance with Article 32, paragraph 2, of the Convention, the Republic of Azerbaijan declares that information or evidence provided by the Republic of Azerbaijan may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation […].

In accordance with Article 23, paragraph 2, of the Convention, the Republic of Azerbaijan declares that in pursuance of paragraph 1 of this article, the Ministry of Justice of the Republic of Azerbaijan is designated as the central authority of the Republic of Azerbaijan. The address is:

1 Inshaatchilar Avenue, 370073 Baky, Republic of Azerbaijan.

België, 28 januari 1998

Belgium declares that the central authority, designated in pursuance of Article 23, paragraph 1, of the Convention, is the Ministère de la Justice, Administration de la légalisation pénale et des droits de l’homme, Service des cas individuels en matière de coopération judiciaire internationale, 115 Bd de Waterloo, B-1000 Bruxelles.

Bosnië en Herzegovina, 30 november 2004

Bosnia and Herzegovina declares that the central authority responsible for matters concerning the Convention is the Ministry of Bosnia and Herzegovina which, at a national level, acts as the Ministry of Internal Affairs of Bosnia and Herzegovina:

Ministarstvo Sigurnosti Bosne i Hercegovine

(Ministry of Security of Bosnia and Herzegovina)

Minister Mr. Barisa Colak

Trg Bosne i Hercegovine br. 1

71000 Sarajevo

Bosnia and Herzegovina

Tél. and Fax: +387 33 213 623

Bulgarije, 2 juni 1993

In accordance with Article 14, paragraph 3 of the Convention, the Republic of Bulgaria declares that the provisions of Article 14, paragraph 2 shall apply only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with Article 25, paragraph 3 of the Convention, the Republic of Bulgaria declares that, for each individual case, it will require requests and supporting documents sent to it pursuant to Article 25, paragraph 1 to be accompanied by a translation into Bulgarian or into such one of the official languages of the Council of Europe as it shall indicate.

In accordance with Article 32, paragraph 2 of the Convention, the Republic of Bulgaria declares that information or evidence provided by it under Chapter III of the Convention may not, without the prior consent of the competent Bulgarian authorities, be used or transmitted by the requesting Party in investigations or proceedings other than those specified in the request.

The Republic of Bulgaria declares, with regard to the application of Article 15 of the Convention, that it proposes to conclude reciprocal agreements whereby property to which it may have a claim and which has been confiscated by a Party to the Convention will be returned.

Cyprus, 15 november 1996

In accordance with paragraph 2 of Article 23 the Central Authority designated in pursuance of paragraph 1 of this Article is:

The Ministry of Justice and Public Order, Nicosia – Cyprus.

In accordance with paragraph 3 of Article 14, paragraph 2 of this Article shall apply only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with paragraph 2 of Article 21, judicial documents should be served only through its Central Authority which is: The Ministry of Justice and Public Order.

In accordance with paragraph 3 of Article 25, it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into the English language which is one of the official languages of the Council of Europe.

In accordance with paragraph 2 of Article 32, information or evidence provided by it under this Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

Cyprus, 7 november 2001

In accordance with Article 40, paragraph 2, of the Convention, the Republic of Cyprus amends/partially withdraws the reservation made in respect of Article 2, paragraph 2, following a relevant amendment, No. 152(1)/2000 dated 17 January 2000, to the Cyprus Prevention and Suppression of Money Laundering Activities Law No 61(1) of 1996 by which the list of predicate offences was abolished.

The reservation now read as follows:

Confiscation measures

In accordance with Article 2, paragraph 2, of the Convention, the Republic of Cyprus declares that paragraph 1 of this article shall apply to offences punishable with more than one year of imprisonment.

In accordance with Article 40, paragraph 2, of the Convention, the Republic of Cyprus amends/partially withdraws the reservation made in respect of Article 6, paragraph 4, following a relevant amendment, No. 152(1)/2000 dated 17 January 2000, to the Cyprus Prevention and Suppression of Money Laundering Activities Law No 61(1) of 1996 by which the list of predicate offences was abolished.

The reservation now read as follows:

Laundering Offences

In accordance with Article 6, paragraph 4, of the Convention, the Republic of Cyprus declares that paragraph 1 of this article shall apply to the predicate offences specified in its relevant domestic legislation which are offences punishable with more than one year of imprisonment.

Denemarken, 19 november 1996

With regard to Article 21, paragraph 2, Denmark reserves the right to apply the provisions of the European Convention on Mutual Assistance in Criminal Matters.

With regard to Article 25 paragraph 3, requests and supporting documents from countries other than Austria, France, Germany, Ireland, Norway, Sweden or the United Kingdom must be accompanied by a translation into either Danish or one of the official languages of the Council of Europe. With regard to voluminous documents, Denmark reserves the right, as appropriate, to require a Danish translation or to have one made at the expense of the requesting party.

Until notification to the contrary, the Convention shall not apply to the Faroe Islands and Greenland.

The Government of Denmark designated:

The Ministry of Justice

Slotsholmsgade 10

1216 Copenhague K

Denmark

as competent authority in accordance with Article 23 of the said Convention.

Duitsland, 16 september 1998

Article 6, paragraph 1, applies only to the following predicate offences or categories of such offences:

crimes (Article 12, paragraph 1, of the German Criminal Code – StGB), ie offences punishable with imprisonment of not less than one year;

misdemeanours of receiving bribes (Article 332 paragraph 1, also in combination with paragraph 3 of the StGB) and bribery (Article 334 of the StGB);

misdemeanours under Article 29, paragraph 1, sentence 1, No. 1, of the Narcotics Act (Betäubungsmittelgesetz) or under Article 29, paragraph 1, No. 1, of the Raw Materials Surveillance Act (Grundstoffüberwachungsgesetz);

misdemeanours of organised smuggling committed by a gang with the use of violence (Article 373 of the German Tax Code – Abgabenordnung) or with the handling for gain of property obtained through tax fraud (Article 374 of the Tax Code), each in combination with Article 12, paragraph 1 of the Common Market Organisations Implementation Act (Gesetz zur Durchführung der Gemeinsamen Marktorganisationen);

misdemeanours committed for gain or by a member of a gang formed for the purpose of repeatedly carrying out one of the following acts constituting the elements of one of the following offences: traffic in human beings (Article 180b of the StGB), procuring (Article 181a of the StGB), theft (Article 242 of the StGB), embezzlement (Article 246 of the StGB), extortion (Article 253 of the StGB), handling of stolen goods (Article 259 of the StGB), fraud (Article 263 of the StGB), computer fraud (Article 263a of the StGB), fraudulently obtaining subsidies (Article 264 of the StGB), breach of trust (Article 266 of the StGB), falsification of documents (Article 267 of the StGB), falsification of evidence (Article 269 of the StGB), illegal organisation of gambling (Article 284 of the StGB), illegal handling of dangerous waste (Article 326, paragraphs 1, 2 and 4, of the StGB), illegal handling of radioactive substances or other dangerous substances and goods (Article 328, paragraphs 1, 2 and 4, of the StGB), incitement to make an improper application for asylum (Section 84 of the Asylum Procedure Act – AsylVfG), smuggling of aliens (Section 92a of the Aliens Act – AuslG);

misdemeanours committed by a member of a criminal organisation (Article 129 of the StGB).

(Misdemeanours – Vergehen – are offences for which the minimum penalty is imprisonment of less than one year or a fine – cf Article 12, paragraph 2, of the StGB).

Wherever requests and supporting documents are not drawn up in German, they shall be accompanied by a translation into German or into one of the official languages of the Council of Europe.

The Federal Office of Criminal Investigation (Bundeskriminalamt) is designated the central authority responsible for the transmission of requests to the authorities competent for their execution.

Estland, 10 mei 2000

Pursuant to Article 21, paragraph 2 of the Convention, the judicial documents shall be served through the Ministry of Justice.

In accordance with Article 25, paragraph 3, the requests and their annexes presented to the Republic of Estonia shall be accompanied by a translation into English.

In accordance with Article 23, paragraph 1, the Central authority shall be:

Ministry of Justice

Tönismägi Street, 5a

EE-15191 Tallinn

Finland, 9 maart 1994

In accordance with Article 25, paragraph 3, of the Convention the request and the annexed documents shall be drawn up in Finnish, Swedish, Danish or Norwegian or in English, French or German, or be accompanied by a translation into one of these languages.

Central Authority: Ministry of Justice

Eteläesplanadi 10

P.O. BOX 1

SF-00131 Helsinki

Finland

Tel: (19) 358-0-18251

Telefax (19) 358-0-1825224

Liaison Officer

Senior Ministerial Secretary

Hannu Taimisto.

Frankrijk, 8 oktober 1996

In accordance with Article 23, paragraph 2, of the Convention, the central authority provided for in Article 23, paragraph 1, with regard to the French Republic is the: Ministère de la Justice, Direction des affaires criminelles et des grâces, Bureau de l’entraide répressive internationale, 13 Place Vendôme, 75042 PARIS Cedex 01.

In accordance with Article 38 of the Convention, the Government of the Republic declares that the said Convention shall apply to the whole territory of the Republic subject, with regard to the Overseas territories, to the entry into force in respect of these territories of the new criminal code, which will be notified to the Secretary General of the Council of Europe.

Georgië, 8 september 2004

In accordance with Article 23 of the Convention, the Republic of Georgia declares that the names and positions of the central authorities designated by the Georgian Government, who are responsible for the proper functioning of the Convention are:

  • Mr Nikoloz Gegutchadze, Head of the Financial Monitoring Service of Georgia

    National Bank of Georgia – 3/5 Leonidze str. – Tbilisi 0105

    Tel.: (995.32)92.36.78/92.33.48 – Fax: (995.32)93.69.41 – Email: Nikag@fms.gov.ge

  • Mr Kakhaber Gurasashvili, Head of the Division of the Management of Civil, Financial and Industrial Law, Legal Expertise of the Ministry of Justice of Georgia

    Tel. (995.32)75.82.62

  • Mr Valeri Tsertscadze, Head of the Legal Expertise Service of the Prosecutor General of Georgia – Tel. (995.99)19.34.89

Griekenland, 22 juni 1999

Article 2, paragraph 1, of the Convention shall apply only to the following offences:

  • 1. Crimes provided for in the law on fight against the spread of drugs:

    • a) Importing drugs into the country, exporting drugs out of the country or transiting drugs through the country.

    • b) Selling, purchasing, offering, making available or distributing to third parties by any means, storing or keeping drugs, or acting as intermediary in the commission of any of these offences.

    • c) Introducing drugs or contriving to facilitate their introduction into camps, police cells for all categories of under-age prisoners, collective workplaces or housing, hospitals or health centres.

    • d) Contriving in any manner to mix drugs with food products, drinks or other items intended for human consumption or that are likely to be consumed.

    • e) Preparing articles belonging to the category of controlled drugs or soporific substances, or illegally importing, supplying, producing, preparing, selling, making available, transporting, possessing or distributing precursor substances or apparatus or equipment, where it is known that they are used or will be used for the purposes of illegal production, cultivation or preparation of drugs, or, generally, for purposes other than that which originally justified the import, export, transport or processing of these precursors.

    • f) Cultivating or harvesting any plant of the Indian hemp family, the opium poppy, any plant species of the Brazilwood family, or any other plant from which narcotic substances are derived.

    • g) Possessing or transporting drugs by whatever manner or means, whether within the country’s territory, by navigating along the territorial zone or crossing territorial waters, or by flying in Greek air space.

    • h) Knowingly sending or receiving parcels, samples without commercial value or letters containing any sort of drug, or authorising a third party to send or receive such items.

    • i) Making available premises of any kind to a third party for the use of drugs, or communicating the address of a shop where drugs are systematically used, or being aware of such use as an employee of such a shop.

    • j) Contributing by any means to the spread of drug use.

    • k) Adulterating or selling adulterated articles from the list of controlled drugs.

    • l) Forging a medical prescription, falsifying or using a forged or falsified prescription in order to obtain narcotic substances for the purposes of trafficking in them.

    • m) Organising, financing, advising or supervising the commission of any of the aforementioned offences in any manner or giving instructions or authorisation in respect of them.

    • n) Facilitating or concealing the commission of other crimes by committing the above-mentioned offences.

    • o) Commission of the above crimes by a person who deals with drugs in the course of his or her duties and, in particular, is responsible for their safekeeping or for prosecuting persons who have committed these crimes, or where the offence is linked to his or her functions.

    • p) Introducing drugs or facilitating their introduction or trafficking in schools at any level and in educational establishments or other educational training or practical instruction units, save for the purpose of a specific research or training programme.

    • q) Introducing drugs or facilitating their introduction or trafficking in sports premises, camping grounds, orphanages, institutions or premises intended for the provision of social services or for accommodation of the armed forces, or premises where pupils or students meet for educational, sports or social activities.

    • r) Selling, making available or distributing drugs to third parties by whatever means, in premises directly adjoining the above-mentioned premises, or acting as an intermediary in the commission of any of these offences.

    • s) The issuing of a prescription for the supply of drugs by a doctor who is aware that there is no real, precise medical indication, or supply by a physician of medicines containing narcotics in one form or another, in the knowledge that they will be used for the purpose of preparing drugs.

    • t) Supply of drugs without the legally required medical prescription or on the basis of an invalid prescription or in amounts exceeding that prescribed, by a pharmacist or in general by a pharmaceutical trader, the manager or employee of a pharmacy or another person in the pharmacy.

    • u) Supplying substances intended to act as substitutes for dependency-inducing drugs.

    • v) Committing the above-mentioned crimes repeatedly or habitually or by way of an occupation, or acting in a manner intended to encourage drug use by under-age persons, or using weapons in committing the above-mentioned crimes or for the purpose of enabling the perpetrator to escape.

    • x) Inciting or inviting a third party to use drugs illegally, advertising them, supplying information concerning their manufacture or supply for the purpose of spreading their use, or assisting the commission of the aforementioned crimes.

  • 2. Crimes covered by Article 15 (1) of Law No. 2168/93, on “weapons, munitions. etc”: importing, possessing, producing, processing, assembling, dealing in, delivering, supplying or transporting military rifles, automatic machine guns, pistols or other articles of military hardware, for the purposes of making them available to a third party in order to commit a crime, or for the purpose of illegally supplying groups, organisations, associations or unions of persons, or receiving, concealing or accepting in any way the above objects for the same purposes.

  • 3. Banditry.

  • 4. Blackmail.

  • 5. Abduction.

  • 6. Stealing particularly valuable goods, or aggravated theft.

  • 7. Misappropriating a particularly valuable object, or misappropriation giving rise to an abuse of trust.

  • 8. Fraud, if resulting in particularly heavy losses, or if the offender carries out fraudulent activities habitually or occupationally, or if the circumstances in which the offence was committed show that the perpetrator’s character is especially dangerous.

  • 9. Illegal trade in antique objects.

  • 10. Theft of a particularly valuable cargo.

  • 11. Acting as an intermediary by receiving consideration for the removal of tissues or organs, or acquiring tissues or organs with the intention of reselling them.

  • 12. Economic crimes and offences against the State or legal entities in the public sector in the broad sense.

  • 13. Aggravated smuggling.

  • 14. Violations of the laws on ionising radiation.

  • 15. Procuring.

  • 16. Breaches of the laws on games of chance or other games.

  • 17. Corruption.

  • 18. Usury.

  • 19. Illegal immigration.

  • 20. Smuggling of nuclear materials.

  • 21. Corruption of a public official from another country (ratification of the OECD Convention for combating the bribery of foreign public officials in international business transactions).

  • 22.

    • a) Passive or active corruption of a public official.

    • b) Fraudulent actions prejudicial to the financial interests of the European Communities.

    • c) Fabricating and delivering false declarations or documents (ratification- application of the Convention on the protection of the European Communities financial interests and appended Protocols).

The Greek Government reserves the right to add other categories of criminal activities.

Article 6, paragraph 1, of the Convention shall apply only to the following offences:

  • 1. Crimes provided for in the law on fight against the spread of drugs:

    • a) Importing drugs into the country, exporting drugs out of the country or transiting drugs through the country.

    • b) Selling, purchasing, offering, making available or distributing to third parties by any means, storing or keeping drugs, or acting as intermediary in the commission of any of these offences.

    • c) Introducing drugs or contriving to facilitate their introduction into camps, police cells for all categories of under-age prisoners, collective workplaces or housing, hospitals or health centres.

    • d) Contriving in any manner to mix drugs with food products, drinks or other items intended for human consumption or that are likely to be consumed.

    • e) Preparing articles belonging to the category of controlled drugs or soporific substances, or illegally importing, supplying, producing, preparing, selling, making available, transporting, possessing or distributing precursor substances or apparatus or equipment, where it is known that they are used or will be used for the purposes of illegal production, cultivation or preparation of drugs, or, generally, for purposes other than that which originally justified the import, export, transport or processing of these precursors.

    • f) Cultivating or harvesting any plant of the Indian hemp family, the opium poppy, any plant species of the Brazilwood family, or any other plant from which narcotic substances are derived.

    • g) Possessing or transporting drugs by whatever manner or means, whether within the country’s territory, by navigating along the territorial zone or crossing territorial waters, or by flying in Greek air space.

    • h) Knowingly sending or receiving parcels, samples without commercial value or letters containing any sort of drug, or authorising a third party to send or receive such items.

    • i) Making available premises of any kind to a third party for the use of drugs, or communicating the address of a shop where drugs are systematically used, or being aware of such use as an employee of such a shop.

    • j) Contributing by any means to the spread of drug use.

    • k) Adulterating or selling adulterated articles from the list of controlled drugs.

    • l) Forging a medical prescription, falsifying or using a forged or falsified prescription in order to obtain narcotic substances for the purposes of trafficking in them.

    • m) Organising, financing, advising or supervising the commission of any of the aforementioned offences in any manner or giving instructions or authorisation in respect of them.

    • n) Facilitating or concealing the commission of other crimes by committing the above-mentioned offences.

    • o) Commission of the above crimes by a person who deals with drugs in the course of his or her duties and, in particular, is responsible for their safekeeping or for prosecuting persons who have committed these crimes, or where the offence is linked to his or her functions.

    • p) Introducing drugs or facilitating their introduction or trafficking in schools at any level and in educational establishments or other educational training or practical instruction units, save for the purpose of a specific research or training programme.

    • q) Introducing drugs or facilitating their introduction or trafficking in sports premises, camping grounds, orphanages, institutions or premises intended for the provision of social services or for accommodation of the armed forces, or premises where pupils or students meet for educational, sports or social activities.

    • r) Selling, making available or distributing drugs to third parties by whatever means, in premises directly adjoining the above-mentioned premises, or acting as an intermediary in the commission of any of these offences.

    • s) The issuing of a prescription for the supply of drugs by a doctor who is aware that there is no real, precise medical indication, or supply by a physician of medicines containing narcotics in one form or another, in the knowledge that they will be used for the purpose of preparing drugs.

    • t) Supply of drugs without the legally required medical prescription or on the basis of an invalid prescription or in amounts exceeding that prescribed, by a pharmacist or in general by a pharmaceutical trader, the manager or employee of a pharmacy or another person in the pharmacy.

    • u) Supplying substances intended to act as substitutes for dependency-inducing drugs.

    • v) Committing the above-mentioned crimes repeatedly or habitually or by way of an occupation, or acting in a manner intended to encourage drug use by under-age persons, or using weapons in committing the above-mentioned crimes or for the purpose of enabling the perpetrator to escape.

    • x) Inciting or inviting a third party to use drugs illegally, advertising them, supplying information concerning their manufacture or supply for the purpose of spreading their use, or assisting the commission of the aforementioned crimes.

  • 2. Crimes covered by Article 15 (1) of Law No. 2168/93, on “weapons, munitions. etc”: importing, possessing, producing, processing, assembling, dealing in, delivering, supplying or transporting military rifles, automatic machine guns, pistols or other articles of military hardware, for the purposes of making them available to a third party in order to commit a crime, or for the purpose of illegally supplying groups, organisations, associations or unions of persons, or receiving, concealing or accepting in any way the above objects for the same purposes.

  • 3. Banditry.

  • 4. Blackmail.

  • 5. Abduction.

  • 6. Stealing particularly valuable goods, or aggravated theft.

  • 7. Misappropriating a particularly valuable object, or misappropriation giving rise to an abuse of trust.

  • 8. Fraud, if resulting in particularly heavy losses, or if the offender carries out fraudulent activities habitually or occupationally, or if the circumstances in which the offence was committed show that the perpetrator’s character is especially dangerous.

  • 9. Illegal trade in antique objects.

  • 10. Theft of a particularly valuable cargo.

  • 11. Acting as an intermediary by receiving consideration for the removal of tissues or organs, or acquiring tissues or organs with the intention of reselling them.

  • 12. Economic crimes and offences against the State or legal entities in the public sector in the broad sense.

  • 13. Aggravated smuggling.

  • 14. Violations of the laws on ionising radiation.

  • 15. Procuring.

  • 16. Breaches of the laws on games of chance or other games.

  • 17. Corruption.

  • 18. Usury.

  • 19. Illegal immigration.

  • 20. Smuggling of nuclear materials.

  • 21. Corruption of a public official from another country (ratification of the OECD Convention for combating the bribery of foreign public officials in international business transactions).

  • 22.

    • a) Passive or active corruption of a public official.

    • b) Fraudulent actions prejudicial to the financial interests of the European Communities.

    • c) Fabricating and delivering false declarations or documents (ratification- application of the Convention on the protection of the European Communities financial interests and appended Protocols).

The Greek Government reserves the right to add other categories of criminal activities

With regard to Article 14, paragraph 3, the Greek Government shall enforce the confiscation requested by the requesting Party on the condition that it is not in contradiction with the Constitution and the fundamental principles of the Greek legal system.

The requests and supporting documents must be sent by the requesting State in Greek or be translated into English or French.

Information or evidence provided by the Greek Republic in accordance with Chapter III of the Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

The central authority, in accordance with Article 23, paragraph 1 of the Convention, is the Minister of Justice of the Government of the Greek Republic.

In accordance with Article 13, paragraph 1.b of the Convention, the competent authority shall be the State Prosecutor of the department concerned by the confiscation request.

Hongarije, 2 maart 2000

In accordance with Article 6, paragraph 4, Hungary reserves the right to apply paragraph 1 of this Article only to the predicate offences specified in its Criminal Code.

With regard to Article 14, paragraph 3, Hungary declares that paragraph 2 of Article 14 applies only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2, Hungary declares that judicial documents should be served only through its central authority.

In accordance with Article 25, paragraph 3, requests and supporting documents must be drawn up in Hungarian or in one of the official languages of the Council of Europe or be accompanied by a translation into one of these languages. However, Hungary declares its readiness to accept translations of requests and supporting documents in German.

In accordance with Article 32, paragraph 2, Hungary declares that information or evidence provided by it under chapter III may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with Article 23, paragraph 2, Hungary designates the Ministry of Justice of the Republic of Hungary (1055 Budapest, Kossuth Lajos tér 4.) and the Attorney-General’s Department of the Republic of Hungary (1055 Budapest, Markó u. 16.) as central authorities.

Ierland, 28 november 1996

In accordance with Article 2, paragraph 2, Ireland declares that Article 2, paragraph 1, shall apply only to drug trafficking offences as defined in its domestic legislation and other offences triable on indictment.

In accordance with Article 14, paragraph 3, Ireland declares that Article 14, paragraph 2, shall apply only subject to the constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2, Ireland declares that judicial documents should be served only through its central authority.

In accordance with Article 25, paragraph 3, Ireland declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Irish or English.

The central authority of Ireland designated in pursuance of Article 23, paragraph 1, is the Department of Justice, 72-76 St. Stephen’s Green, Dublin 2.

IJsland, 21 oktober 1997

In accordance with Article 23, paragraph 1, of the Convention, the competent authority in Iceland is the Ministry of Justice, Arnarhváli, 150 Reykjavik.

Italië, 20 januari 1994

Under the terms of Article 6, paragraph 4, of the Convention, the Italian Republic declares that paragraph 1 of this article applies only to predicate offences which constitute delitti under Italian law, excluding delitti which are not deliberate.

Under the terms of Article 21, paragraph 2, of the Convention, the Italian Republic declares that the procedures set out in parts a. and b. of this paragraph concerning the transmission and serving of judicial documents to persons affected by provisional measures and confiscation shall be allowed in respect of persons on Italian territory only when, in its relations with the other Party, they are provided for under Italian legislation or in the international agreements which generally govern mutual assistance in criminal matters.

Under the terms of Article 23, paragraph 2, of the Convention, the Italian Republic declares that the central authority designated in pursuance of paragraph 1 of this article is the Minister of Justice and that all correspondence should therefore be addressed to: Ministero di Grazia e Giustizia, Direzione Generale degli Affari Penali, Via Arenula 70, 00186 Rome.

Under the terms of Article 25, paragraph 3, of the Convention, the Italian Republic declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Italian or into one of the official languages of the Council of Europe.

Under the terms of Article 32, paragraph 2, of the Convention, the information or evidence provided by Italy under this chapter may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

Kroatië, 11 oktober 1997

The Republic of Croatia does hereby declare that the Central Authority designated in pursuance of Article 23, paragraph 1, of the Convention is the Ministry of the Interior of the Republic of Croatia, Ulica grada Vukovara 33, 10000 Zagreb.

Letland, 1 december 1998

In pursuance of paragraph 3 of Article 14 of the Convention, the Republic of Latvia declares that paragraph 2 of Article 14 applies only subject to constitutional principles and the basic concepts of legal system of the Republic of Latvia.

In pursuance of paragraph 2 of Article 21 of the Convention, the Republic of Latvia declares that competent authorities of the Republic of Latvia to serve judicial documents are:

  • during pre-trial investigation: General Prosecutor’s office O; Kalpaka blvd 6, Riga, LV – 1801, Latvia, phone: 371.7.320085, fax: 371.7.212231;

  • during the trial: The Ministry of Justice, Brivibas blvd 36, Riga, LV – 1536, Latvia, phones: 371.7.280437/282607, fax: 371.7.285575.

In pursuance of paragraph 3 of Article 25 of the Convention, the Republic of Latvia declares that requests and documents supporting such requests shall be accompanied by a translation into Latvian or English language.

In pursuance of paragraph 2 of Article 32 of the Convention, the Republic of Latvia declares that information or evidence provided by the Republic of Latvia under Chapter III of the Convention, without its prior consent, may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

Letland, 16 september 2010

In pursuance of paragraph 2 of Article 23 of the Convention, the Republic of Latvia declares that, for the purposes of paragraph 1 of Article 23 of the Convention, the central authorities of the Republic of Latvia are:

  • during pre-trial investigation until prosecution:

    Economic Police Department of the Central Criminal Police Department of the State Police

    Ciekurkalna 1st line 1, k-4

    Riga, LV-1026

    Latvia

    Phone: +371 67075212

    Fax: +371 67075053

    E-mail: epb@vp.gov.lv

    Website: www.vp.gov.lv

  • during pre-trial investigation until submitting the case to the court:

    General Prosecutor’s office

    O. Kalpaka blvd 6

    Riga, LV – 1801

    Latvia

    Phone: 371.67.320085

    Fax: 371.67.212231;

  • during the trial:

    The Ministry of Justice

    Brivibas blvd 36

    Riga, LV – 1536, Latvia

    Phones: 371.67.280437/282607

    Fax: 371.67.285575

Liechtenstein, 9 november 2000

In accordance with Article 14, paragraph 3, of the Convention, the Principality of Liechtenstein declares that paragraph 2 of Article 14 shall apply only subject to the constitutional principles and the basic concepts of the legal system of the Principality of Liechtenstein.

In accordance with Article 21, paragraph 2, of the Convention, the Principality of Liechtenstein declares that judicial documents addressed to persons in the Principality of Liechtenstein shall be transmitted to them by the competent Liechtenstein authority (Rechtsdienst der Regierung).

In accordance with Article 25, paragraph 3, of the Convention, the Principality of Liechtenstein declares that whenever requests and supporting documents are not drawn up in German, they shall be accompanied by a translation into German or English.

In accordance with Article 32, paragraph 2, of the Convention, the Principality of Liechtenstein declares that information or evidence provided by Principality of Liechtenstein when applying this Convention may not, without the prior consent of the Liechtenstein central authority (Rechtsdienst der Regierung) be used or transmitted by the requesting Party in investigations or proceedings other than those specified in the request.

Liechtenstein, 11 juli 2001

In accordance with Article 23, paragraph 1, the central authority of the Principality of Liechtenstein is:

Ressort Justiz

Regierungsgebäude

FL-9490 Vaduz

Liechtenstein.

The new central authority assumes all the functions of the former central authority (Rechtsdienst der Regierung) under the Convention.

Liechtenstein, 12 februari 2004

The scope of application of Article 6, paragraph 1, of the Convention shall be extended to include as predicate offences misdemeanours in accordance with the Liechtenstein Narcotics Act as well as misdemeanours pursuant to Articles 304 to 308 of the Liechtenstein Penal Code (corruption offences). The reservation with respect to Article 6, paragraph 1, of the Convention shall henceforth read as follows:

“In accordance with Article 6, paragraph 4, of the Convention, the Principality of Liechtenstein declares that paragraph 1 of Article 6 shall apply only to predicate offences which are crimes under Liechtenstein law (§ 17 of the Liechtenstein Penal Code), misdemeanours in accordance with the Liechtenstein Narcotics Act or misdemeanours pursuant to Articles 304 to 308 of the Liechtenstein Penal Code (corruption offences).”

Litouwen, 20 juni 1995

The Republic of Lithuania declares that it will apply the provisions provided in Article 2, paragraph 2, only for the offences committed intentionally provided in Article 6, paragraph 1.

Article 14, paragraph 2, will be applied only subject to the principles of the Constitution of the Republic of Lithuania and the basic concepts of the legal system.

The judicial documents shall be transmitted to the Ministry of Justice of the Republic of Lithuania or to the Prosecutor General’s Office of the Republic of Lithuania.

The requests and supporting documents to the Republic of Lithuania shall be translated to the English or Lithuanian languages.

Without its prior consent, the information or evidence, provided by the Republic of Lithuania, may not be used or transmitted by the authorities of the requesting Party for investigation or proceedings other than those specified in the request.

Litouwen, 17 maart 1997

The Ministry of Foreign Affairs of the Republic of Lithuania informs that the authorities mentioned in the reservation of the Republic of Lithuania in respect of Article 21 of the Convention, contained in the instrument of ratification deposited on 20 June 1995, also carry out the functions under Article 23 of the Convention. The addresses of the above-mentioned authorities are:

Ministry of Justice

Gedimino av. 30/1

2600 Vilnius

Lithuania

Tel.(3702) 624.670/616.662

Fax:(3702) 625.940

Prosecutor General’s Office

A. Smetonos str.

2709 Vilnius

Lithuania

Tel.(3702) 612.131

Fax:(3702) 611.826/618.563/224.734

Litouwen, 28 juli 2004

The Republic of Lithuania withdraws the following reservation, made at the time of ratification of the Convention:

The Republic of Lithuania declares that it will apply the provisions provided in Article 2, paragraph 2, only for the offences committed intentionally provided in Article 6, paragraph 1.

Luxemburg, 12 september 2001

In accordance with Article 2, paragraph 2, and Article 6, paragraph 4, of the Convention, Article 2, paragraph 1, and Article 6, paragraph 1, of the Convention shall apply only to the offences mentioned in Article 8-1, item 1), of the Law of 19 February 1973 concerning the sale of medicinal substances and the fight against drug addiction, and in Article 506-1, item 1), of the Penal Code.

In accordance with Article 21, paragraph 2, of the Convention, the procedures provided in subparagraphs a and b of this paragraph, relating to the service of judicial documents to persons affected by provisional and confiscation measures, and who are in the territory of Luxembourg, shall be permitted only in the case where, in the relations between Luxembourg and the other State, they are foreseen by another treaty governing international mutual assistance in criminal matters.

Concerning Article 25, paragraph 3, of the Convention, requests and documents supporting such requests must be drawn up in French or in German or be accompanied by a translation into French or German.

In accordance with Article 32, paragraph 2, of the Convention, the information or evidence obtained from Luxembourg under Chapter III of the Convention shall not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with Article 23, paragraph 2, of the Convention, the General State Prosecutor is designated as the central authority responsible for sending the requests under Chapter III of the Convention as well as for answering those sent to Luxembourg under the same Chapter, to execute them or transmit them to the authorities which are competent for their execution in accordance with Article 23, paragraph 1, of the Convention.

Macedonië, de voormalige Joegoslavische Republiek, 19 mei 2000

In accordance with Article 23 of the Convention, the Government of the Republic of Macedonia as designated the Ministry of Justice of the Republic of Macedonia as the central authority which will be responsible for sending and answering requests, the execution of such requests or the transmission of them to the authorities competent for their execution.

Malta, 19 november 1999

Malta declares that, in accordance with paragraph 3 of Article 14, paragraph 2 of this Article shall apply only subject to its constitutional principles and the basic concepts of its legal system.

Malta declares that, in accordance with paragraph 2 of Article 21, judicial documents should be served only through its Central Authority which is: The Office of the Attorney General.

Malta declares that, in accordance with paragraph 3 of Article 25, it reserves the right to require that requests made to it and documents supporting such request be accompanied by a translation into the English language.

Malta declares that, in accordance with paragraph 2 of Article 32, information or evidence provided by it under this Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with paragraph 2 of Article 23 the Central authority designed in pursuance of paragraph 1 of this Article is:

The Office of the Attorney General

Attorney General’s Chambers

The Palace

Valletta – Malta.

Malta, 6 september 2007

In accordance with Article 2, paragraph 2, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence punishable with more than one year imprisonment.

In accordance with Article 6, paragraph 4, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence punishable with more than one year of imprisonment.

The Government of Malta submits that the amendments to the reservations have been made necessary following a relevant amendment by Legal Notice 176 of 2005, dated 31 May 2005, to the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, by which the list of predicate offences was abolished. An explanatory note containing more detailed legal explanations for the amendments requested follows.

Explanatory Note from the Office of the Attorney General of Malta

The Prevention of Money Laundering Act, Chapter 373 Laws of Malta was amended in 2005 by Legal Notice 176 to the effect that the provisions of the said act apply to “criminal activity” (Art.2(1)) which in the Second Schedule to the Act is defined as “Any criminal offence” without any further qualification as to the punishment which such an offence entails: (see http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt373.pdf).

The Criminal Code however, in Articles 435A-D, only makes applicable the investigative and coercive measures – investigation and attachment orders, as well as freezing (vide also Art.23A(2)) and confiscation orders (vide also Art.23B) – found under the Prevention of Money Laundering Act to “relevant offences”. “Relevant offences” are defined in Article 23A(1) of the Criminal Code as offences punishable with more than one year imprisonment: (see http://docs.justice.gov.mt/lom/legislation/english/leg/vol_1/chapt9.pdf).

Consequently it becomes self-evident why the correction is needed, since it ensures an all-embracing ortrayal of the applicable legal scenario in Malta with regards to the implementation of the said Convention.

As the reservation currently stands, it implies that one can issue investigative/coercive measures, when there is no suspicion of a money laundering offence, in relation to an offence (other than money laundering) which carries a maximum punishment of less than one year imprisonment. This is an incorrect interpretation.

Given the relevant articles in the Criminal Code, which come into play in such a scenario, there exists a legal impediment to do so. If the offence is not money-laundering related, investigative and coercive measures may only be taken if the offence carries a maximum punishment of over one year imprisonment. Hence the requested correction.

Moldavië, 30 mei 2002

In accordance with Article 23 of the Convention, the Republic of Moldova has designated as the Central Authority responsible for sending, answering, communication and execution of requests:

Office of Prosecutor General

Str. Mitropolit Banulescu-Bodoni, 26,

MD 2005, Chisinau – Republic of Moldova

Tel/fax 22 86 35.

The Republic of Moldova declares that the Convention will not be applied on the territory effectively controlled by the organs of the self-proclaimed Moldavan Dniestrian Republic until the final settlement of the conflict in this region.

Monaco, 10 mei 2002

In accordance with Article 2, paragraph 2, of the Convention, the Principality of Monaco declares that paragraph 1 of this article shall apply only to the laundering of the proceeds of an offence as provided and punished by Articles 218 to 218-3 of the Penal Code of the Principality of Monaco and to the laundering of the proceeds from drug trafficking as provided and punished by Articles 4-1 b, 4-3 and 4-4 of Law No. 890 of 1 July 1970 on narcotics as amended by Law No. 1157 of 23 December 1992.

In accordance with Article 6, paragraph 4, of the Convention, the Principality of Monaco declares that the paragraph 1 of this article shall apply only to the laundering of the proceeds of an offence as provided and punished by Articles 218 to 218-3 of the Penal Code of the Principality of Monaco and to the laundering of the proceeds from drug trafficking as provided and punished by Articles 4-1 b, 4-3 and 4-4 of Law No. 890 of 1 July 1970 on narcotics as amended by Law No. 1157 of 23 December 1992.

In accordance with Article 14, paragraph 3, of the Convention, the Principality of Monaco declares that Article 14, paragraph 2, shall apply only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2b, of the Convention, the Principality of Monaco declares that the service of judicial documents must be effected through the competent authorities of Monaco.

In accordance with Article 25, paragraph 3, of the Convention, the requests mentioned in Section 7 of this Convention and their supporting documents shall be accompanied by a translation in French language.

In accordance with Article 32, paragraph 2, of the Convention, the Principality of Monaco declares that information or evidence provided by it under Section 7 of this Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with Article 23, paragraph 1, of the Convention, the central authority of the Principality of Monaco is:

Direction des Services Judiciaires

5, rue Colonel Bellando de Castro

Principality of Monaco

Montenegro, 19 oktober 2006

The central authority designated in pursuance of Article 23, paragraph 1, is:

the Ministry of Justice of the Republic of Montenegro

Stanka Dragojevica St. No. 2

81000 Podgorica

Pursuant to Article 14, paragraph 3, of the Convention, paragraph 2 thereof shall apply only subject to the constitutional principles and the basic legal concepts of the legal system of Montenegro.

The serving of judicial documents as set out in Article 21, paragraph 2, of the Convention, shall be allowed in Montenegro only if envisaged under another bilateral or multilateral agreement.

Pursuant to Article 25, paragraph 3, Montenegro declares that requests made to it and documents supporting such requests shall be accompanied by a translation into Serbian or English.

Pursuant to Article 32, paragraph 2, of the Convention, without its prior consent, information and evidence provided by Montenegro under this chapter may not be used or transmitted by the authorities of the requesting State in investigations or proceedings other than those specified in the request.

Nederlanden, het Koninkrijk der, 10 mei 1993

In accordance with Article 2, paragraph 2, of the Convention, the Kingdom of the Netherlands declares that it reserves the right not to apply Article 2, paragraph 1, of the Convention with regard to the confiscation of the proceeds from offences punishable under legislation on taxation or on customs and excise.

In accordance with Article 6, paragraph 4, of the Convention, the Kingdom of the Netherlands declares that Article 6, paragraph 1, of the Convention will only be applied to predicate offences that qualify as misdrijven (crimes) under the domestic law of the Netherlands (the Kingdom in Europe).

Nederlanden, het Koninkrijk der, 7 april 1999

In accordance with Article 2, paragraph 2, of the Convention, the Kingdom of the Netherlands declares that it reserves the right not to apply Article 2, paragraph 1, of the Convention with regard to the confiscation of the proceeds from offences punishable under legislation on taxation or on customs and excise.

Nederlanden, het Koninkrijk der, 9 januari 2012

In accordance with Article 6, paragraph 4, of the Convention, the Kingdom of the Netherlands declares that Article 6, paragraph 1, of the Convention will only be applied to predicate offences that qualify as “misdrijven” (crimes) under the domestic laws of Aruba, Curaçao, Sint Maarten or the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).

In accordance with Article 23, paragraph 2, of the Convention, the central authorities, referred to in Article 23, paragraph 1, designated for Aruba, Curaçao and Sint Maarten are:

de Procureur Generaal van Aruba

L.G. Smith Boulevard 42

Oranjestad, Aruba

Tel.: 297 – 829132/834387

Fax: 297 – 838891

de Procurator-General of Curaçao and of Sint Maarten

Wilhelminaplein 14-16

Willemstad, Curaçao

Tel.: +599-9-463-4233

Fax: +599-9-461-3786

Email: parket.pg@caribjustitia.org

In accordance with Article 23, paragraph 2, of the Convention, the central authority, referred to in Article 23, paragraph 1, designated for the European part of the Netherlands and for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) is:

Ministerie van Veiligheid en Justitie

Afdeling Internationale Rechtshulp

Postbus 20301

2500 EH ’s-Gravenhage

Nederland

In accordance with Article 25, paragraph 3, of the Convention, the Kingdom of the Netherlands declares that requests made to Aruba, Curaçao and Sint Maarten and documents supporting such requests in a language other than Dutch, English, or Spanish shall be accompanied by a translation into one of these languages.

In accordance with Article 25, paragraph 3, of the Convention, the Kingdom of the Netherlands declares that:

  • requests made to the European part of the Netherlands and documents supporting such requests in a language other than Dutch, French or English shall be accompanied by a translation into one of these languages;

  • requests made to the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) and documents supporting such requests in a language other than Dutch, English, or Spanish shall be accompanied by a translation into one of these languages.

Noorwegen, 16 november 1994

Norway declares that Article 2, paragraph 1, shall apply only to offences which would be punishable if committed within Norwegian criminal jurisdiction.

Norway declares that without prior consent, information or evidence provided by it under Chapter III of the Convention, may not be used or transmitted by the authorities of the requesting Party, except to the extent that the disclosure is necessary for the investigations or proceedings described in the request.

Noorwegen, 23 april 2002

In conformity with Article 23, paragraph 2, of the Convention, the Central Authority for Investigation and Prosecution of Economic and Environmental Crime (ØKOKRIM) in Oslo – Postbox 8193 Dep. 0034 Oslo (Tel. (0047) 23.29.10.00, fax. (0047) 23.29.10.01, e.mail: okokrim@okokrim.no) – has been appointed as the Norwegian authority which shall be responsible for sending and answering requests made under this chapter, the execution of such requests or the transmission of them to the authorities competent for their execution.

Noorwegen, 7 april 1999

Norway declares that Article 6, paragraph 1, shall apply only to offences which would be punishable if committed within Norwegian criminal jurisdiction.

Norway declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Norwegian, Swedish, Danish or English.

Oekraïne, 26 januari 1998

Article 14, paragraph 2, of the Convention shall be applied only subject to the constitutional principles and basic concepts of the legal system of Ukraine.

The requests and documents supporting such requests referred to in Article 25, paragraph 3, of the Convention have to be sent to Ukraine accompanied by a translation into Ukrainian or into one of the official languages of the Council of Europe, if they are not written in these languages.

In accordance with Article 32, paragraph 2, of the Convention, Ukraine declares that information or evidence provided by it under Chapter III of the Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

The Ministry of Justice of Ukraine (concerning judicial decisions) and the General Prosecutor’s Office of Ukraine (concerning acts of procedure in criminal investigations) are the central authorities designated to exercise the functions in accordance with Article 23, paragraph 1, of the Convention.

Oostenrijk, 7 juli 1997

The Republic of Austria declares in accordance with Article 6, paragraph 4, that Article 6, paragraph 1, will apply only to predicate offences which are crimes (“Verbrechen”) under Austrian penal legislation (paragraph 17 of the Austrian Penal Code).

The modalities of serving judicial documents under Article 21, paragraph 2, will be permitted in Austria only insofar as provided for in another bilateral or multilateral treaty.

The central authority under Article 23 is:

Bundesministerium für Justiz

Museumsstraße 7

1070 Wien

Polen, 20 december 2000

The Republic of Poland declares under Article 21, paragraph 2 of the Convention that the methods of transmission referred to in Article 21, paragraph 2, of the Convention shall be applied on its territory only in so far as they are provided for in appropriate international agreements relating to legal assistance between the Republic of Poland and the Party transmitting a judicial document.

The Republic of Poland declares under Article 25, paragraph 3, of the Convention, that all requests and documents transmitted to its authorities under Chapter III of the Convention shall be accompanied by a translation into Polish or into one of the official languages of the Council of Europe.

The Republic of Poland declares under Article 32, paragraph 2, of the Convention that information and evidence transmitted for the execution of a request filed pursuant to Chapter III of the Convention shall, without its prior consent, not be used for purposes other than those specified in the request.

Polen, 8 februari 2002

In accordance with Article 23, paragraph 1, the central authority shall be the Ministry of Justice of the Republic of Poland, Al. Ujazdowskie 11, 00-950 Warsaw.

In accordance with Article 23, paragraph 1, of the Convention, the Government of Poland declares that the Ministry of Finance of the Republic of Poland (12 Swietokrzyska Street, 00-916 Varsaw) has been designated as the central authority together with the Ministry of Justice.

Portugal, 19 oktober 1998

For the purposes of Article 6 of the Convention, punishment of laundering shall be limited to cases of drug-trafficking as well as an illegal activity relating to terrorism, arms trafficking, extortion, abduction, incitement to prostitution (Lenocìnio), corruption, embezzlement (Peculato) and financial participation in a business, harmful administration of a public sector business unit, fraudulent procurement or conversion of a subsidy, grant or loan, economic and financial offences committed in an organised manner using information technology, and economic and financial offences committed on an international scale and involving any kind of co-participation, as defined in domestic legislation.

The application of the provisions of Article 21 of the Convention shall be subject to the existence of bilateral or multilateral agreements on mutual judicial assistance between Portugal and the requesting Party;

In accordance with the provisions of Article 25 of the Convention, Portugal declares that requests and supporting documents addressed to Portugal must be accompanied by a translation into either Portugese or French.

In accordance with the provisions of Article 32 of the Convention, Portugal declares that, without its consent, the information or evidence provided by Portugal may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with the provisions of Article 23 of the Convention, Portugal declares that the central authority is the “Procuradoria-Geral da República, rua da Escola Politécnica, 140, 1200 Lisboa;

Portugal, 18 april 2005

The Republic of Portugal withdraws the […] reservation [ on Article 6], contained in the instrument of ratification of the Convention deposited on 19 October 1998.

Roemenië, 6 augustus 2002

In accordance with Article 14, paragraph 3, of the Convention, Romania declares that Article 14, paragraph 2, shall apply only subject to the constitutional principles and the basic concepts of the Romanian legal system.

In accordance with Article 21, paragraph 2, of the Convention, Romania declares that the service of judicial documents shall be effected only through the central authority, which is the Ministry of Justice. For the requests of assistance formulated in pre-trial investigation, the service shall be effected through the General Prosecutor’s Office to the Supreme Court of Justice.

In accordance with Article 25, paragraph 3, of the Convention, Romania declares that the requests forwarded to the Romanian authorities and the documents supporting such requests shall be accompanied by a translation in Romanian or into one of the official languages of the Council of Europe.

In accordance with Article 32, paragraph 2, of the Convention, Romania declares that the information or the evidence provided by Romania under Chapter III of the Convention may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request without its prior consent.

In accordance with Article 23, paragraph 2, of the Convention, the Romanian central authorities designated to apply the provisions of Chapter III of the Convention are:

Ministerul Justitiei (Ministry of Justice)

Str. Apollodor nr. 17, sectorul 5

Bucuresti, Romania.

Oficiul National de Prevenire si Combatere

a Spalarii Banilor (National Office for Prevention and

Fighting Against Money Laundering)

Str. Splaiul independentei nr. 202 A, sectorul 6

Bucuresti, Romania.

Ministerul de Interne (Ministry of Interior)

Inspectoratul General al Politiei

Sos. Stefan cel Mare nr. 13-15, sectorul 2

Bucuresti, Romania.

Ministerul Finantelor Publice (Ministry of Public Finance)

Str. Apollodor nr. 17, sectorul 5

Bucuresti, Romania.

Parchetul General de pe langa Curtea Suprema de Justitie

(General Prosecutor’s Office to the Supreme Court of Justice)

Bd. Libertatii nr. 14, sectorul 5

Bucuresti, Romania.

Russische Federatie, 2 augustus 2001

In accordance with Article 14, paragraph 3, of the Convention, the Russian Federation declares that Article 14, paragraph 2, of the Convention shall apply only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2, of the Convention, the Russian Federation declares that the service of judicial documents should be effected through the Ministry of Justice of the Russian Federation.

In accordance with Article 25, paragraph 3, of the Convention, the Russian Federation declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Russian or English.

In accordance with Article 23, paragraph 2, of the Convention, the Russian Federation declares that the central authorities of the Russian Federation, designated in pursuance of Article 23, paragraph 1, of the Convention are as follows:

  • the Ministry of Justice of the Russian Federation (Vorontsovo pole 4, 109830, Moscow, Russian Federation) for civil law issues, including civil law aspects of criminal cases; and

  • the Office of the Prosecutor General of the Russian Federation (ul. Bolshaya Dmitrovka, 15a, 103793, Moscow, Russian Federation) for criminal law issues.

San Marino, 12 oktober 2000

In accordance with Article 6, paragraph 4, the Republic of San Marino declares that paragraph 1 of Article 6 applies only to criminal predicate offences or categories of criminal predicate offences provided for in San Marino’s national legislation concerning the laundering of money or proceeds from crime (Act No. 123 of 1998).

In accordance with Article 14, paragraph 3, the Republic of San Marino declares that paragraph 2 of Article 14 applies only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2, the Republic of San Marino declares that service of judicial documents can be effected only through its central authority, without prejudice to what is provided for in bilateral treaties.

In accordance with Article 32, paragraph 2, the Republic of San Marino declares that information or evidence provided by it under chapter III of the Convention may not, without the prior consent of San Marino’s competent authority, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with Article 23, paragraph 2, the competent central authority of the Republic of San Marino, without prejudice to the provisions of bilateral agreements authorising direct relations with San Marino’s legal authority, is the:

Segreteria di Stato per gli Affari Esteri

Palazzo Begni

Contrada Omerelli, 31

47890 San Marino

Repubblica di San Marino

San Marino, 15 april 2002

The Government of San Marino declares that, on 18 March 2002, the national Parliament of San Marino has approved the amendment of the text of its reservation to Article 25 of the Convention. The reservation now reads as follows:

In accordance with Article 25, paragraph 3, of the Convention, the Republic of San Marino declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Italian or into one of the official languages of the Council of Europe, the accuracy of which must be officially certified. Concerning voluminous documents which are not translated into Italian, the Republic of San Marino reserves the right to request, if appropriate, a translation into Italian or to have the documents translated at the expense of the requesting Party.

Servië, 20 juli 2006

The central authoritiy designated in pursuance of Article 23, paragraph 1, is:

the Ministry of Justice of the Republic of Serbia

Nemanjina St. No. 22-24

11000 Belgrade

Republic of Serbia

Servië, 18 juni 2007

Pursuant to Article 14, paragraph 3, of the Convention, paragraph 2, thereof shall apply only subject to the constitutional principles and the basic legal concepts of the legal system of Serbia.

The serving of judicial documents as set out in Article 21, paragraph 2, of the Convention, shall be allowed in Serbia only if envisaged under another bilateral or multilateral agreement.

Pursuant to Article 25, paragraph 3, Serbia declares that requests made to it and documents supporting such requests shall be accompanied by a translation into Serbian or English.

Pursuant to Article 32, paragraph 2, of the Convention, without its prior consent, information and evidence provided by Serbia under this chapter may not be used or transmitted by the authorities of the requesting State in investigations or proceedings other than those specified in the request.

Slovenië, 23 april 1998

In accordance with Article 25, paragraph 3, of the Convention, the Government of Slovenia reserves the right to require that requests made to the responsible central authority and documents supporting such requests be accompanied by a translation into the Slovene language or into the English language.

In accordance with Article 32, paragraph 2, of the Convention, information or evidence provided by the Government of Slovenia under Chapter III of the Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with Article 23, paragraph 2, the central authority of the Republic of Slovenia designated in pursuance of paragraph 1 of this Article, is:

Office for Money Laundering Prevention

Cankarjeva 5, 1000 Ljubljana

Tel: 00 386 61 125 41 89

Fax: 00 386 61 125 20 87

Slowakije, 7 mei 2001

The Slovak Republic declares that Article 14, paragraph 3, shall apply only subject to the constitutional principles and the basic concepts of the Slovak legal system.

The Slovak Republic declares that the serving of written documents to persons on the territory of the Slovak Republic pursuant to the modalities set forth in Article 21, paragraph 2, letter a) and letter b), shall be possible only insofar as provided for in other bilateral and multilateral international treaties, which are binding for the Slovak Republic and for the Party transmitting the written document.

The Slovak Republic declares that it reserves the right to require that the requests and documents supporting such requests be accompanied by a translation into the Slovak language, the English language or the French language.

The Slovak Republic declares that any information or evidence provided by it in accordance with this Convention may not be, without its prior consent, used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

Slowakije, 22 mei 2008

  • 1. Requests under Chapter III shall be sent in the Slovak Republic to the following authorities:

    • a) Requests under Section 2

      Prezídium Policajného zboru (Presidium of the Police Force)

      Úrad boja proti organizovanej kriminalite (Office for Combating Organised Crime)

      Spavodajská jednotka financnej polície (Financial Intelligence Unit)

      Racianska 45

      812 72 Bratislava

      Slovenská republika (Slovak Republic)

    • b) Requests under Section 3

      Generálna prokuratúra Slovenskej republiky (General Prosecutor’s Office of the Slovak Republic)

      Štúrova 2

      812 85 Bratislava

    • c) Requests under Section 4

      Ministerstvo spravodlivosti Slovenskej republiky (Ministry of Justice of the Slovak Republic)

      Župné námestie 13

      813 11 Bratislava

    • d) Other requests for assistance

      Ministry of Justice of the Slovak Republic

  • 2. Each authority referred to under point 1. is a central body for forwarding abroad requests of the Slovak authorities for assistance pursuant to Chapter III.

Spanje, 6 augustus 1998

In accordance with Article 25, paragraph 3, Spain reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into one of the official languages of the Council of Europe.

In accordance with Article 32, paragraph 2, Spain declares that, without its prior consent, information or evidence provided by it under this chapter may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

Spanje, 10 maart 1999

The Central Authority with regard to Spain is:

Ministerio de Justicia, Secretaria General Técnica, San Bernardo, 45, 28071 Madrid, Espana.

Spanje, 5 maart 2008

If the Convention on laundering, Search, Seizure and Confiscation of the Proceeds from Crime were to be extended by the United Kingdom to Gibraltar, the Kingdom of Spain would like to make the following declaration:

  • 1. Gibraltar is a non-autonomous territory for the international relations of which the United Kingdom is responsible and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

  • 2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in the distribution and attribution of competences performed by the United Kingdom, in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

  • 3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar, and it cannot be considered to produce a change in relation with what was established in the two previous paragraphs.

Tsjechië, 19 november 1996

The Czech Republic designates that the central authorities in the sense of Article 23.1 of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime shall be:

  • 1. In case of criminal proceedings: the Office of the Attorney General of the Czech Republic within proceedings before a criminal charge is brought and the Ministry of Justice of the Czech Republic within proceedings following the bringing of the criminal charge;

  • 2. In all other cases: the Ministry of Finance of the Czech Republic.

    Addresses of the above-mentioned central authorities:

    Nejvyssi státni zastupitelstvi Ceské republiky

    (Office of the Attorney General of the Czech Republic)

    Jezuitská 4

    660 55 Brno

    Ministerstvo spravedìnosti Ceské republiky

    (Ministry of Justice of the Czech Republic)

    Vysehradská 16

    128 10 Praha 2

    Ministerstvo financi Ceské republiky

    (Ministry of Finance of the Czech Republic)

    Letenská 15

    118 10 Praha 1.

Turkije, 13 december 2004

The Government of Turkey brings to the attention of the Secretariat that, due to a technical error on its part, the reservations and declarations were only transmitted to the Secretary General after depositing the instrument of ratification, while they were supposed to be submitted concurrently.

The Republic of Turkey underlines the close connection among drug trafficking, organized crime and terrorism, and declares that it expects the Convention to be applied to the terrorist acts as mentioned in the Resolution No. 3, adopted at the 16th Conference of European Ministers of Justice held in 1988.

In accordance with Article 2, paragraph 2, the Republic of Turkey declares that Article 2, paragraph 1, shall only apply to offences defined in its domestic legislation.

In accordance with Article 6, paragraph 4, the Republic of Turkey declares that Article 6, paragraph 1 shall only apply to offences defined in its domestic legislation.

In accordance with Article 14, paragraph 3, the Republic of Turkey declares that Article 14, paragraph 2, shall only apply to the extent that its application is compatible with the constitutional principles and the basic legal concepts of the Republic of Turkey.

In accordance with Article 21, paragraph 2, the Republic of Turkey declares that the procedures set out in parts a and b of this paragraph concerning the transmission and serving of judicial documents to persons affected by provisional measures and confiscations shall be allowed in respect of persons in Turkish territory only when they are provided for in Turkish legislation or in relevant international agreements relating to mutual assistance in criminal matters between the Republic of Turkey and the Party transmitting the judicial documents, otherwise the judicial documents shoud be served through its central authority.

In accordance with Article 25, paragraph 3, the Republic of Turkey declares that requests submitted to it and documents supporting such requests should be accompanied by a translation into Turkish or English.

In accordance with Article 32, paragraph 2, the Republic of Turkey declares that information or evidence provided by Turkish authorities under Chapter III of the Convention may not, without the prior consent of the competent Turkish authorities, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the requests.

In accordance with Article 23, paragraph 2, the Republic of Turkey declares that pursuant to paragraph 1 of the same article, the central authority of the Republic of Turkey is:

  • Ministry of Justice

    Milli Müdafaa Caddesi No. 22/8

    06659 Bakanliklar /Ankara

    Turkey

Verenigd Koninkrijk, 28 september 1992

In accordance with Article 14, paragraph 3 the United Kingdom declares that Article 14, paragraph 2 shall apply only subject to the constitutional principles and the basic concepts of its legal systems.

In accordance with Article 21, paragraph 2 the United Kingdom declares that judicial documents should be served only through its central authority. The central authority for the United Kingdom is:

The United Kingdom Central Authority for Mutual Legal

Assistance in Criminal Matters

C7 Division

Home Office

50 Queen Anne’s Gate

London SW1H 9AT

In accordance with Article 25, paragraph 3 the United Kingdom declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into English.

The central authority of the United Kingdom designated in pursuance of Article 23, paragraph 1 is The United Kingdom Central Authority for Mutual Legal Assistance in Criminal Matters, C7 Division, Home Office, 50 Queen Anne’s Gate, London SW1H 9AT.

Verenigd Koninkrijk, 19 januari 1995

In accordance with Article 14, paragraph 3 the United Kingdom declares that Article 14, paragraph 2 shall apply to the Isle of Man only subject to the constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2 the United Kingdom declares that judicial documents for the Isle of Man should be served only through its central authority. The central authority for the Isle of Man is:

HM Attorney General

Attorney General’s Chambers

Douglas

Isle of Man

The central authority of the United Kingdom designated in pursuance of Article 23, paragraph 1 for the Isle of Man is:

HM Attorney General

Attorney General’s Chambers

Douglas

Isle of Man

In accordance with Article 25, paragraph 3 the United Kingdom declares that it reserves the right to require that requests made to the central authority of the Isle of Man and documents supporting such requests be accompanied by a translation into English.

Verenigd Koninkrijk, 24 september 2002

In accordance with Article 14, paragraph 3, of the Convention, the United Kingdom declares that Article 14, paragraph 2, of the Convention shall apply to the Bailiwick of Guernsey subject to the constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2, of the Convention, the United Kingdom declares that judicial documents for the Bailiwick of Guernsey should be served only through its central authority. The central authority for the Bailiwick of Guernsey is: HM Attorney General, ST. James Chambers, St. Peter Port, Guernsey, GY1 2PA.

The central authority of the United Kingdom designated in pursuance of Article 23, paragraph 1, of the Convention for the Bailiwick of Guernsey is: HM Attorney General, ST. James Chambers, St. Peter Port, Guernsey, GY1 2PA.

In accordance with Article 25, paragraph 3, of the Convention, the United Kingdom declares that it reserves the right to require that requests made to the central authority of the Bailiwick of Guernsey and documents supporting such requests be accompanied by a translation into English.

Zweden, 15 juli 1996

In accordance with Article 2, paragraph 2, Sweden declares that, for Sweden’s part, the provision in Article 2, paragraph 1, shall be applicable to such proceeds of crime and such instrumentalities which have been used in the commission of an offence as may be confiscated under the provisions of the Penal Code, the Narcotic Drugs Penal Act (1968:64) or the Act Prohibiting Certain Doping Substances (1991:1969). Regarding other offences, Sweden reserves the right, where justified in view of the type of offence, to prescribe confiscation to a more limited extent.

In accordance with Article 21, paragraph 2, Sweden makes a reservation in respect of the provision in Article 21, paragraph 2b.

In accordance with Article 25, paragraph 3, Sweden declares that a request addressed to Sweden under the Convention shall be formulated in Swedish, Danish, Norwegian or English or that a translation into one of these languages is enclosed.

Zweden, 24 november 2000

In accordance with Article 23, paragraph 2, of the Convention, the central authority is the:

Ministry of Justice

Division for Criminal Cases and International Judicial Co-operation

Central Authority

S-103 33 Stockholm

Sweden

Telephone: +46 8 405 45 00 (Secretariat)

Fax: +46 8 405 46 76

E-mail: birs@justice.ministry.se

Zweden, 30 juni 2005

The Government of Sweden, to limit the scope of the declaration that was made with regard to Article 2, paragraph 1, of the Convention, declares that Article 2, paragraph 1, of the Convention shall, in addition to what was previoulsly stated in the Swedish declaration, be applicable to crimes punishable by deprivation of liberty for more than one year.

Zwitserland, 11 mei 1993

Article 6, paragraph 1 of the Convention applies only where the predicate offence is classified as a crime under Swiss law (see Article 9, sub-paragraph 1 of the Swiss Criminal Code and the offences provided for in the Swiss Criminal Code and supplementary criminal law).

Service of judicial documents to persons in Switzerland must be effected through the competent Swiss authorities (Federal Office of Justice).

Requests and supporting documents must be submitted in German, French or Italian or accompanied by a translation into one of those languages. The accuracy of translations must be officially certified.

Zwitserland, 29 januari 2002

Information and evidence obtained from Switzerland under this Convention may not, without the prior consent of the Federal Office of Justice (Central Offices), be used or transmitted by the authorities of the requesting party in investigations or proceedings other than those specified in the request.

Central Authority:

Federal Office of Justice (Office fédéral de la justice)

Bundesrain 20

CH-3003 Berne

Tel: +41.31.322.11.20

Fax: +41.31.322.53.80

Period covered: 01/09/93 –

The preceding statement concerns Article(s): 23

G. INWERKINGTREDING

Zie Trb. 1993, 88 en Trb. 2002, 196.

Wat betreft het Koninkrijk der Nederlanden, geldt het Verdrag, dat vanaf 1 augustus 1999 voor Nederland (het Europese deel), de Nederlandse Antillen en Aruba gold, vanaf 10 oktober 2010 voor Nederland (het Europese en het Caribische deel), Aruba, Curaçao en Sint Maarten.

J. VERWIJZINGEN

Zie voor verwijzingen en overige verdragsgegevens Trb. 1990, 172, Trb. 1993, 88, Trb. 1997, 68, Trb. 1998, 267 en Trb. 2002, 196.

Verbanden

Het Verdrag wordt aangevuld door:

     

Titel

:

Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland ter aanvulling en vergemakkelijking van de werking van de Overeenkomst van de Raad van Europa inzake het witwassen, de opsporing, de inbeslagneming en de confiscatie van opbrengsten van misdrijven, gesloten te Straatsburg op 8 november 1990;

Londen, 15 september 1993

     

Tekst

:

Trb. 1993, 150 (Nederlands en Engels)

Laatste Trb.

:

Trb. 2006, 188

Overige verwijzingen

Titel

:

Statuut van de Raad van Europa;

Londen, 5 mei 1949

Laatste Trb.

:

Trb. 2007, 146

Uitgegeven de derde augustus 2012.

De Minister van Buitenlandse Zaken, U. ROSENTHAL

Naar boven