STATUTORY INSTRUMENTS

S.I. No. 587 of 2004

EXTRADITION ACT 1965 (APPLICATION OF PART II) (AMENDMENT) ORDER 2004

WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done at Rome on 10 March 1988 (referred to subsequently in these recitals as the “Maritime Safety Convention”, and the terms of which are set out in Part A of Schedule 7E of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(a) of, and Part A of Schedule 1 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Maritime Safety Convention was acceded to on behalf of the State on 10 September 2004;

AND WHEREAS the Maritime Safety Convention has also been ratified, or acceded to, by the countries specified in that regard in the Table to Schedule 10 of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(g) of, and Schedule 4 to, this Order) subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7E;

AND WHEREAS, by the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf done at Rome on 10 March 1988 (referred to subsequently in these recitals as the “Fixed Platforms Protocol”, and the terms of which are set out in Part A of Schedule 7F of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(b) of, and Part A of Schedule 2 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Protocol for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Fixed Platforms Protocol was acceded to on behalf of the State on 10 September 2004;

AND WHEREAS the Fixed Platforms Protocol has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7F;

AND WHEREAS, certain additional reservations have been entered to the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3 March 1980 (referred to subsequently in these recitals as “the Nuclear Material Convention”), the European Convention on the Suppression of Terrorism done at Strasbourg on 27 January 1977 (referred to subsequently in these recitals as “the Anti-Terrorism Convention”), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984 (referred to subsequently in these recitals as “the Convention against Torture”), the Convention on the Safety of United Nations and Associated Personnel done at New York on 9 December 1994 (referred to subsequently in these recitals as “the Convention on the Safety of UN Personnel”), and the Criminal Law Convention on Corruption done at Strasbourg on 27 January 1999 (referred to subsequently in these recitals as “the Convention on Corruption”) since the making of the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 ), the texts of which are set out in Part B of Schedule 5, Part B of Schedule 7, Part C of Schedule 7A, Part B of Schedule 7B and Part B of Schedule 7D of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 3 of, and Schedule 3 to, this Order);

AND WHEREAS, certain additional declarations have been made in relation to the Nuclear Material Convention, the Anti-Terrorism Convention, the Convention against Torture, the Convention on the Safety of UN Personnel and the Convention on Corruption since the making of the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 ) the texts of which are set out in Part B of Schedule 5, Part B of Schedule 7, and Part B of Schedule 7D of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 3 of, and Schedule 3 to, this Order);

NOW I, Brian Cowen, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 8 (as amended by section 49 of the European Arrest Warrant Act 2003 ( No. 45 of 2003 )) of the Extradition Act 1965 (No. 17 of 1965) and after consultation with the Minister for Justice, Equality and Law Reform, hereby order as follows:

1         (1)        This Order may be cited as the Extradition Act 1965 (Application of Part II) (Amendment) Order 2004.

 (2)        This Order comes into operation on 29 September 2004.

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

3.        The Principal Order is amended by --

(a)      the insertion of the Schedule set out in Schedule 1 to this Order,

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

(c)      the insertion, in Part B of Schedule 5, of the reservations and declarations specified in Part A of Schedule 3 to this Order,

(d)      the insertion, in Part B of Schedule 7, of the reservations and declarations specified in Part B of Schedule 3 to this Order,

(e)      the insertion, in Part C of Schedule 7A, of the reservations and declarations specified in Part C of Schedule 3 to this Order,

(f)       the insertion, in Part B of Schedule 7B, of the reservations and declarations specified in Part D of Schedule 3 to this Order,

(g)      the insertion, in Part B of Schedule 7D, of the reservations and declarations specified in Part E of Schedule 3 to this Order,

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

“Maritime Safety Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done at Rome on 10 March 1988;

‘Fixed Platforms Protocol’ means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf done at Rome on 10 March 1988;”, and

(i)       the substitution in Schedule 10 of the Table set out in Schedule 4 to this Order for the Table (inserted by Article 3 (m) of, and Schedule 4 to the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 )).

SCHEDULE 1

“SCHEDULE 7E

PART A

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION

Adopted at Rome on the 10^th day of March 1988

THE STATES PARTIES TO THIS CONVENTION,

HAVING IN MIND the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States,

RECOGNIZING in particular that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,

DEEPLY CONCERNED about the world-wide escalation of acts of terrorism in all its forms, which endanger or take innocent human lives, jeopardize fundamental freedoms and seriously impair the dignity of human beings,

CONSIDERING that unlawful acts against the safety of maritime navigation jeopardize the safety of persons and property, seriously affect the operation of maritime services, and undermine the confidence of the peoples of the world in the safety of maritime navigation,

CONSIDERING that the occurrence of such acts is a matter of grave concern to the international community as a whole,

BEING CONVINCED of the urgent need to develop international co-operation between States in devising and adopting effective and practical measures for the prevention of all unlawful acts against the safety of maritime navigation, and the prosecution and punishment of their perpetrators,

RECALLING resolution 40/61 of the General Assembly of the United Nations of 9 December 1985 which, inter alia, “urges all States unilaterally and in co-operation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien occupation, that may give rise to international terrorism and may endanger international peace and security”,

RECALLING FURTHER that resolution 40/61 “unequivocally condemns, as criminal, all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardize friendly relations among States and their security”,

RECALLING ALSO that by resolution 40/61, the International Maritime Organization was invited to “study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures”,

HAVING IN MIND resolution A. 584(14) of 20 November 1985, of the Assembly of the International Maritime Organization, which called for development of measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crews,

NOTING that acts of the crew which are subject to normal shipboard discipline are outside the purview of this Convention,

AFFIRMING the desirability of monitoring rules and standards relating to the prevention and control of unlawful acts against ships and persons on board ships, with a view to updating them as necessary, and, to this effect, taking note with satisfaction of the Measures to Prevent Unlawful Acts against Passengers and Crews on Board Ships, recommended by the Maritime Safety Committee of the International Maritime Organization,

AFFIRMING FURTHER that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,

RECOGNIZING the need for all States, in combating unlawful acts against the safety of maritime navigation, strictly to comply with rules and principles of general international law,

HAVE AGREED as follows:

Article 1

For the purposes of this Convention, “ship” means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft.

Article 2

1.       This Convention does not apply to:

(a)      a warship; or

(b)      a ship owned or operated by a State when being used as a naval auxiliary or for customs or police purposes; or

(c)      a ship which has been withdrawn from navigation or laid up.

2.       Nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes.

Article 3

1.       Any person commits an offence if that person unlawfully and intentionally:

(a)      seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; or

(b)      performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; or

(c)      destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; or

(d)      places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; or

(e)      destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship; or

(f)      communicates information which he knows to be false, thereby endangering the safe navigation of a ship; or

(g)      injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (f).

2.       Any person also commits an offence if that person:

(a)      attempts to commit any of the offences set forth in paragraph 1; or

(b)      abets the commission of any of the offences set forth in paragraph 1 perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or

(c)      threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraph 1, subparagraphs (b), (c) and (e), if that threat is likely to endanger the safe navigation of the ship in question.

Article 4

1.       This Convention applies if the ship is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single State, or the lateral limits of its territorial sea with adjacent States.

2.       In cases where the Convention does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State referred to in paragraph 1.

Article 5

Each State Party shall make the offences set forth in article 3 punishable by appropriate penalties which take into account the grave nature of those offences.

Article 6

1.       Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 when the offence is committed:

(a)      against or on board a ship flying the flag of the State at the time the offence is committed; or

(b)      in the territory of that State, including its territorial sea; or

(c)      by a national of that State.

2.       A State Party may also establish its jurisdiction over any such offence when:

(a)      it is committed by a stateless person whose habitual residence is in that State; or

(b)      during its commission a national of that State is seized, threatened, injured or killed; or

(c)      it is committed in an attempt to compel that State to do or abstain from doing any act.

3.       Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General of the International Maritime Organization (hereinafter referred to as “the Secretary-General”). If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.

4.       Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.

5.       This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 7

1.       Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present shall, in accordance with its law, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2.       Such State shall immediately make a preliminary inquiry into the facts, in accordance with its own legislation.

3.       Any person regarding whom the measures referred to in paragraph 1 are being taken shall be entitled to:

(a)      communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence;

(b)      be visited by a representative of that State.

4.       The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or the alleged offender is present, subject to the proviso that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.

5.       When a State Party, pursuant to this article, has taken a person into custody, it shall immediately notify the States which have established jurisdiction in accordance with article 6, paragraph 1 and, if it considers it advisable, any other interested States, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 8

1.       The master of a ship of a State Party (the “flag State”) may deliver to the authorities of any other State Party (the “receiving State”) any person who he has reasonable grounds to believe has committed one of the offences set forth in article 3.

2.       The flag State shall ensure that the master of its ship is obliged, whenever practicable, and if possible before entering the territorial sea of the receiving State carrying on board any person whom the master intends to deliver in accordance with paragraph 1, to give notification to the authorities of the receiving State of his intention to deliver such person and the reasons therefor.

3.       The receiving State shall accept the delivery, except where it has grounds to consider that the Convention is not applicable to the acts giving rise to the delivery, and shall proceed in accordance with the provisions of article 7. Any refusal to accept a delivery shall be accompanied by a statement of the reasons for refusal.

4.       The flag State shall ensure that the master of its ship is obliged to furnish the authorities of the receiving State with the evidence in the master's possession which pertains to the alleged offence.

5.       A receiving State which has accepted the delivery of a person in accordance with paragraph 3 may, in turn, request the flag State to accept delivery of that person. The flag State shall consider any such request, and if it accedes to the request it shall proceed in accordance with article 7. If the flag State declines a request, it shall furnish the receiving State with a statement of the reasons therefor.

Article 9

Nothing in this Convention shall affect in any way the rules of international law pertaining to the competence of States to exercise investigative or enforcement jurisdiction on board ships not flying their flag.

Article 10

1.       The State Party in the territory of which the offender or the alleged offender is found shall, in cases to which article 6 applies, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

2.       Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 3 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided for such proceedings by the law of the State in the territory of which he is present.

Article 11

1.       The offences set forth in article 3 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2.       If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 3. Extradition shall be subject to the other conditions provided by the law of the requested State Party.

3.       States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 3 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.

4.       If necessary, the offences set forth in article 3 shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in a place within the jurisdiction of the State Party requesting extradition.

5.       A State Party which receives more than one request for extradition from States which have established jurisdiction in accordance with article 6 and which decides not to prosecute shall, in selecting the State to which the offender or alleged offender is to be extradited, pay due regard to the interests and responsibilities of the State Party whose flag the ship was flying at the time of the commission of the offence.

6.       In considering a request for the extradition of an alleged offender pursuant to this Convention, the requested State shall pay due regard to whether his rights as set forth in article 7, paragraph 3, can be effected in the requesting State.

7.       With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.

Article 12

1.       State Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in article 3, including assistance in obtaining evidence at their disposal necessary for the proceedings.

2.       States Parties shall carry out their obligations under paragraph 1 in conformity with any treaties on mutual assistance that may exist between them. In the absence of such treaties, States Parties shall afford each other assistance in accordance with their national law.

Article 13

1.       States Parties shall co-operate in the prevention of the offences set forth in article 3, particularly by:

(a)      taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories;

(b)      exchanging information in accordance with their national law, and co-ordinating administrative and other measures taken as appropriate to prevent the commission of offences set forth in article 3.

2.       When, due to the commission of an offence set forth in article 3, the passage of a ship has been delayed or interrupted, any State Party in whose territory the ship or passengers or crew are present shall be bound to exercise all possible efforts to avoid a ship, its passengers, crew or cargo being unduly detained or delayed.

Article 14

Any State Party having reason to believe that an offence set forth in article 3 will be committed shall, in accordance with its national law, furnish as promptly as possible any relevant information in its possession to those States which it believes would be the States having established jurisdiction in accordance with article 6.

Article 15

1.       Each State Party shall, in accordance with its national law, provide to the Secretary-General, as promptly as possible, any relevant information in its possession concerning:

(a)      the circumstances of the offence;

(b)      the action taken pursuant to article 13, paragraph 2;

(c)      the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings.

2.       The State Party where the alleged offender is prosecuted shall, in accordance with its national law, communicate the final outcome of the proceedings to the Secretary-General.

3.       The information transmitted in accordance with paragraphs 1 and 2 shall be communicated by the Secretary-General to all States Parties, to Members of the International Maritime Organization (hereinafter referred to as “the Organization”), to the other States concerned, and to the appropriate international intergovernmental organizations.

Article 16

1.       Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2.       Each State may at the time of signature or ratification, acceptance or approval of this Convention or accession thereto, declare that it does not consider itself bound by any or all of the provisions of paragraph 1. The other States Parties shall not be bound by those provisions with respect to any State Party which has made such a reservation.

3.       Any State which has made a reservation in accordance with paragraph 2 may, at any time, withdraw that reservation by notification to the Secretary-General.

Article 17

1.       This Convention shall be open for signature at Rome on 10 March 1988 by States participating in the International Conference on the Suppression of Unlawful Acts against the Safety of Maritime Navigation and at the Headquarters of the Organization by all States from 14 March 1988 to 9 March 1989. It shall thereafter remain open for accession.

2.       States may express their consent to be bound by this Convention by:

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

(b)      signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(c)      accession.

3.       Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

Article 18

1.       This Convention shall enter into force ninety days following the date on which fifteen States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession in respect thereof.

2.       For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Convention after the conditions for entry into force thereof have been met, the ratification, acceptance, approval or accession shall take effect ninety days after the date of such deposit.

Article 19

1.       This Convention may be denounced by any State Party at any time after the expiry of one year from the date on which this Convention enters into force for that State.

2.       Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.

3.       A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.

Article 20

1.       A conference for the purpose of revising or amending this Convention may be convened by the Organization.

2.       The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of one third of the States Parties, or ten States Parties, whichever is the higher figure.

3.       Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.

Article 21

1.       This Convention shall be deposited with the Secretary-General.

2.       The Secretary-General shall:

(a)      inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of:

(i)       each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof;

(ii)      the date of the entry into force of this Convention;

(iii)     the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect;

(iv)     the receipt of any declaration or notification made under this Convention;

(b)      transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto.

3.       As soon as this Convention enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 22

This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention.

DONE AT ROME this tenth day of March one thousand nine hundred and eighty-eight.

PART B

Reservations and Declarations to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

Algeria:

The instrument of accession of the People's Democratic Republic of Algeria was accompanied by the following reservation:

The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 16, paragraph 1 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation concluded in Rome on 10 March 1988.

The Government of the People's Democratic Republic of Algeria declares that for a dispute to be submitted to arbitration or to the International Court of Justice, the agreement of all the parties involved shall be necessary in each case.

Argentina:

The instrument of ratification of the Argentine Republic contained the following reservation:

The Argentine Republic declares, in accordance with the provisions of article 16, paragraph 2, of the Convention, that it shall not be bound by any of the provisions of paragraph 1 of that article.

Azerbaijan:

The instrument of accession by Azerbaijan was accompanied by the following reservation:

In accordance with paragraph 2 of Article 16 of the Convention, the Republic of Azerbaijan declares that it does not consider itself bound by paragraph 1 of Article 16.

Chile:

The following statement was made at the time of signature of the Convention:

In connection with the provisions of article 4 of the present Convention, the Government of Chile shall not apply the provisions thereof to incidents that occur in its internal waters and in the waters of Magellan Strait.

China:

The following statement was made at the time of signature of the Convention:

The People's Republic of China shall not be bound by paragraph 1 of article 16 of the said Convention.

This statement was reaffirmed in the instrument of ratification of the People's Republic of China.

Cuba:

The instrument of accession by the Republic of Cuba contained the following reservation:

The Republic of Cuba, in accordance with paragraph 2 of article 16, declares that it does not consider itself bound by the provisions of paragraph 1 of the aforesaid article, with respect to the settlement of disputes between States Parties, since it considers that such disputes should be settled by amicable agreement. Similarly, the Republic of Cuba reiterates that it does not recognize the compulsory jurisdiction of the International Court of Justice.

Denmark:

The instrument of ratification of the Kingdom of Denmark contained the following reservation:

[T]he Convention as well as the Protocol will not apply to the Faroes nor to Greenland, pending a further decision.

Egypt:

The instrument of ratification of the Arab Republic of Egypt was accompanied by the following reservations:

1.       A reservation is made to article 16 on the peaceful settlement of disputes because it provides for the binding jurisdiction of the International Court of Justice, and also with regard to the application of the Convention to seagoing ships in internal waters which are scheduled to navigate beyond territorial waters.

2.       A reservation is made to article 6, paragraph 2, of the Convention and article 3, paragraph 2, of the Protocol because those articles permit the optional jurisdiction of blackmailed States (which are asked by the perpetrator of an act of terrorism to do or abstain from doing any act).

This is in compliance with the provision of paragraph 4 of each of the two articles.

France:

The instrument of approval of the French Republic contained the following declarations:

1.       As far as article 3, paragraph 2, is concerned the French Republic understands by “tentative”, “incitation”, “complicité” and “menace”, la tenative, l'incitation, la complicité and la menace as defined in the conditions envisaged by French criminal law.

2.       The French Republic does not consider itself bound by the provisions of article 16, paragraph 1, according to which: “Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

Germany:

The instrument of accession of the German Democratic Republic (now the Federal Republic of Germany) was accompanied by the following reservation in the German language:

In accordance with article 16, paragraph 2, of the Convention the German Democratic Republic declares that it does not consider itself bound by article 16, paragraph 1, of the Convention.

India:

The instrument of accession of the Republic of India contained the following reservation:

In accordance with article 16(2) of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988, the Government of the Republic of India hereby declares that it does not consider itself bound by the provisions of article 16(1).

Mexico:

The instrument of accession of the United Mexican States contained the following reservation:

Mexico's accession to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988, and to its Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988, is on the understanding that in matters relating to extradition, both article 11 of the Convention and article 3 of the Protocol will be applied in the Republic of Mexico subject to the modalities and procedures laid down in the applicable provisions of national law.

Mozambique:

The instrument of accession by Mozambique contained the following declarations:

The Republic of Mozambique does not consider itself bound by the provisions of article 16, paragraph 1, of the Convention.

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

Furthermore, the Republic of Mozambique declares that:

The Republic of Mozambique, in accordance with its Constitution and domestic laws, can not extradite Mozambique citizens. Therefore, Mozambique citizens will be tried and sentenced in national courts.

Myanmar:

The instrument of accession by Myanmar was accompanied by the following reservation:

The Government of the Union of Myanmar wishes to express reservation of Article 16(1) relating to arbitration and does not consider itself bound by the same.

Portugal:

The instrument of accession of the Portuguese Republic contained the following declaration:

In face of its internal law Portugal considers that the handing over of the suspect mentioned in article 8 of the Convention can only be based on strong suspicions that he committed any of the crimes mentioned in article 3, and will always depend on a court decision.

Furthermore it will not be admitted in the event that the crime ascribed entails death sentence.

Qatar:

Qatar acceded to the Convention subject to reservation in respect of article 16(1).

Russian Federation:

The instrument of ratification of the Russian Federation contained the following reservation (in the Russian language):

The Russian Federation applies the provisions of point 1 of article 8 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation to the extent to which they do not conflict with its own legislation.

Tunisia:

The instrument of accession of the Republic of Tunisia was accompanied by the following declaration:

The Republic of Tunisia, in agreeing to accede to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation concluded in Rome on 10 March 1988, declares that it does not consider itself bound by the provisions of paragraph 1 of article 16 of the Convention and maintains that disputes concerning the interpretation or application of the Convention may be submitted to arbitration or to the International Court of Justice only with the prior agreement of all the parties involved.

Turkey:

The instrument of ratification of the Republic of Turkey was accompanied by the following reservation:

In signing the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, the Government of the Republic of Turkey, under the article 16(2) of the said Convention declares that it does not consider itself bound by the provisions of paragraph (1) of the article 16 of the said Convention.

United Kingdom:

The instrument of ratification of the United Kingdom of Great Britain and Northern Ireland was accompanied by the following declaration:

… that until consultations with various territories under the territorial sovereignty of the United Kingdom are completed, the Convention and Protocol will apply in respect of the United Kingdom of Great Britain and Northern Ireland only. Consultations with the territories are in hand and are expected to be completed by the end of 1991.

The United Kingdom declared its ratification to be effective also in respect of the Isle of Man from 8 February 1999.

Viet Nam:

The instrument of accession by Viet Nam was accompanied by the following declaration:

According to the Convention, the Socialist Republic of Viet Nam makes its reservation to paragraph 1 of article 16 thereof.”

SCHEDULE 2

“SCHEDULE 7F

PART A

PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF

Adopted at Rome on the 10^th day of March 1988

THE STATES PARTIES TO THIS PROTOCOL,

BEING PARTIES to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,

RECOGNIZING that the reasons for which the Convention was elaborated also apply to fixed platforms located on the continental shelf,

TAKING ACCOUNT of the provisions of that Convention,

AFFIRMING that matters not regulated by this Protocol continue to be governed by the rules and principles of general international law,

HAVE AGREED as follows:

Article 1

1.       The provisions of articles 5 and 7 and of articles 10 to 16 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (hereinafter referred to as “the Convention”) shall also apply mutatis mutandis to the offences set forth in article 2 of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf.

2.       In cases where this Protocol does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State in whose internal waters or territorial sea the fixed platform is located.

3.       For the purposes of this Protocol, “fixed platform” means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.

Article 2

1.       Any person commits an offence if that person unlawfully and intentionally:

(a)      seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation; or

(b)      performs an act of violence against a person on board a fixed platform if that act is likely to endanger its safety; or

(c)      destroys a fixed platform or causes damage to it which is likely to endanger its safety; or

(d)      places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety; or

(e)      injures or kills any person in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (d).

2.       Any person also commits an offence if that person:

(a)      attempts to commit any of the offences set forth in paragraph 1; or

(b)      abets the commission of any such offences perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or

(c)      threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraph 1, subparagraphs (b) and (c), if that threat is likely to endanger the safety of the fixed platform.

Article 3

1.       Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 when the offence is committed:

(a)      against or on board a fixed platform while it is located on the continental shelf of that State; or

(b)      by a national of that State.

2.       A State Party may also establish its jurisdiction over any such offence when:

(a)      it is committed by a stateless person whose habitual residence is in that State;

(b)      during its commission a national of that State is seized, threatened, injured or killed; or

(c)      it is committed in an attempt to compel that State to do or abstain from doing any act.

3.       Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General of the International Maritime Organization (hereinafter referred to as “the Secretary-General”). If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.

4.       Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.

5.       This Protocol does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 4

Nothing in this Protocol shall affect in any way the rules of international law pertaining to fixed platforms located on the continental shelf.

Article 5

1.       This Protocol shall be open for signature at Rome on 10 March 1988 and at the Headquarters of the International Maritime Organization (hereinafter referred to as “the Organization”) from 14 March 1988 to 9 March 1989 by any State which has signed the Convention. It shall thereafter remain open for accession.

2.       States may express their consent to be bound by this Protocol by:

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

(b)      signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(c)      accession.

3.       Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

4.       Only a State which has signed the Convention without reservation as to ratification, acceptance or approval, or has ratified, accepted, approved or acceded to the Convention may become a Party to this Protocol.

Article 6

1.       This Protocol shall enter into force ninety days following the date on which three States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession in respect thereof. However, this Protocol shall not enter into force before the Convention has entered into force.

2.       For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Protocol after the conditions for entry into force thereof have been met, the ratification, acceptance, approval or accession shall take effect ninety days after the date of such deposit.

Article 7

1.       This Protocol may be denounced by any State Party at any time after the expiry of one year from the date on which this Protocol enters into force for that State.

2.       Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.

3.       A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.

4.       A denunciation of the Convention by a State Party shall be deemed to be a denunciation of this Protocol by that Party.

Article 8

1.       A conference for the purpose of revising or amending this Protocol may be convened by the Organization.

2.       The Secretary-General shall convene a conference of the States Parties to this Protocol for revising or amending the Protocol, at the request of one third of the States Parties, or five States Parties, whichever is the higher figure.

3.       Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Protocol shall be deemed to apply to the Protocol as amended.

Article 9

1.       This Protocol shall be deposited with the Secretary-General.

2.       The Secretary-General shall:

(a)      inform all States which have signed this Protocol or acceded thereto, and all Members of the Organization, of:

(i)       each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;

(ii)      the date of entry into force of this Protocol;

(iii)      the deposit of any instrument of denunciation of this Protocol together with the date on which it is received and the date on which the denunciation takes effect;

(iv)     the receipt of any declaration or notification made under this Protocol or under the Convention, concerning this Protocol.

(b)      transmit certified true copies of this Protocol to all States which have signed this Protocol or acceded thereto.

3.       As soon as this Protocol enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 10

This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Protocol.

DONE AT ROME this tenth day of March one thousand nine hundred and eighty-eight.

Part B

Reservations and Declarations to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf

China:

The following statement was made at the time of signature of the Protocol:

The People's Republic of China shall not be bound by paragraph 1 of article 16 of the said Convention.

This statement was reaffirmed in the instrument of ratification of the People's Republic of China.

Cuba:

The instrument of accession of the Republic of Cuba contained the following reservation:

The Republic of Cuba, in accordance with paragraph 2 of article 16 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, applicable to the present Protocol, declares that it does not consider itself bound by the provisions of paragraph 1 of the aforesaid article, with respect to the settlement of disputes between States Parties, since it consider that such disputes should be settled by amicable agreement. Similarly, the Republic of Cuba reiterates that it does not recognize the compulsory jurisdiction of the International Court of Justice.

Denmark:

The instrument of ratification of the Kingdom of Denmark contained the following reservation:

[T]he Convention as well as the Protocol will not apply to the Faroes nor to Greenland, pending a further decision.

Egypt:

The instrument of ratification of the Arab Republic of Egypt was accompanied by the following reservations:

1.       A reservation is made to article 16 on the peaceful settlement of disputes because it provides for the binding jurisdiction of the International Court of Justice, and also with regard to the application of the Convention to seagoing ships in internal waters which are scheduled to navigate beyond territorial waters.

2.       A reservation is made to article 6, paragraph 2, of the Convention and article 3, paragraph 2, of the Protocol because those articles permit the optional jurisdiction of blackmailed States (which are asked by the perpetrator of an act of terrorism to do or abstain from doing any act).

This is in compliance with the provision of paragraph 4 of each of the two articles.

France:

The instrument of approval of the French Republic contained the following declarations:

1.       As far as article 2, paragraph 2, is concerned the French Republic understands by “tentative”, “incitation”, “complicité” and “menace”, la tenative, l'incitation, la complicité and la menace as defined in the conditions envisaged by French criminal law.

2.       The French Republic does not consider itself bound by the provisions of article 1, paragraph 1, to the extent that reference is made to the provisions of article 16, paragraph 1, according to which: “Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

Germany:

The instrument of accession of the German Democratic Republic (now the Federal Republic of Germany) was accompanied by the following reservation in the German language:

In accordance with article 16, paragraph 2, of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the provisions of which shall also apply mutatis mutandis to the Protocol according to article 1, paragraph 1, of the Protocol, the German Democratic Republic declares that it does not consider itself bound by article 16, paragraph 1 of the Convention as regards the Protocol.

Mexico:

The instrument of accession of the United Mexican States contained the following reservation:

Mexico's accession to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988, and to its Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988, is on the understanding that in matters relating to extradition, both article 11 of the Convention and article 3 of the Protocol will be applied in the Republic of Mexico subject to the modalities and procedures laid down in the applicable provisions of national law.

Netherlands:

The instrument of acceptance of the Kingdom of the Netherlands contained the following reservation:

With regard to the obligation laid down in article 1 of the Protocol in conjunction with article 10 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation to exercise jurisdiction in cases where the judicial authorities of the Netherlands cannot exercise jurisdiction on any of the grounds referred to in article 3, paragraph 1, of the Protocol, the Government of the Kingdom of the Netherlands reserves the right to be bound to exercise such jurisdiction only after the Kingdom has received and rejected a request for extradition from a State Party.

Turkey:

The instrument of ratification of the Republic of Turkey was accompanied by the following reservation:

In signing “the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation” and “the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf”, the Government of the Republic of Turkey, under the article 16(2) of the said Convention declares that it does not consider itself bound by the provisions of paragraph (1) of the article 16 of the said Convention.

United Kingdom:

The instrument of ratification of the United Kingdom of Great Britain and Northern Ireland was accompanied by the following declaration:

… that until consultations with various territories under the territorial sovereignty of the United Kingdom are completed, the Convention and Protocol will apply in respect of the United Kingdom of Great Britain and Northern Ireland only. Consultations with the territories are in hand and are expected to be completed by the end of 1991.

The United Kingdom declared its ratification to be effective also in respect of the Isle of Man from 8 February 1999.”

SCHEDULE 3

Part A

“Algeria:

Reservation:

The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of Article 17, paragraph 2, of this Convention.

Declaration:

The Government of the People's Democratic Republic of Algeria declares that any dispute can only be submitted to arbitration or referred to the International Court of Justice with the prior consent of all parties concerned.

Azerbaijan:

Reservation:

In accordance with paragraph 3 of Article 17 of the Convention, the Republic of Azerbaijan declares that it does not consider itself bound by paragraph 2 of Article 17.

Kuwait:

Reservation:

Having considered the Convention on the Physical Protection of Nuclear Material signed on 3 March 1980, and having considered Law No. 12 of 2004 , issued on (14 Dhu Al-Qa'da 1424 - year of the Hegira) 6 January 2004 pertaining to approval of it with a reservation on paragraph 2 of Article 17 declaring non-obligation to be bound by it, we hereby announce our accession to the said Convention and pledge to comply with it and ensure its observance.

Qatar:

Reservation:

The State of Qatar does not consider itself bound by either of the dispute settlement procedures provided for in paragraph (2) of Article (17).”

Part B

“Azerbaijan:

Declaration contained in the instrument of ratification deposited on 11 February 2004:

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.

Reservation contained in the instrument of ratification deposited on 11 February 2004:

In accordance with paragraph 1 of Article 13 of the Convention, the Republic of Azerbaijan reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.”

Part C

“Syrian Arab Republic:

Reservation:

In accordance with the provisions of article 28, paragraph 1, of the Convention, the Syrian Arab Republic does not recognize the competence of the Committee against Torture provided for in article 20 thereof;

The accession of the Syrian Arab Republic to this Convention shall in no way signify recognition of Israel or entail entry into any dealings with Israel in the context of the provisions of this Convention.”

Part D

“China:

Reservation:

The People's Republic of China makes a reservation with regard to Article 22, paragraph 1 of the Convention on the Safety of United Nations and Associated Personnel and is not bound by the provisions of Article 22, paragraph 1.

Democratic People's Republic of Korea:

Reservation:

The Government of the Democratic People's Republic of Korea does not consider itself bound by all of paragraph 1 of Article 22 of the Convention on the Safety of United Nations and Associated Personnel.

Turkey:

Declarations:

I.         The Republic of Turkey declares that it will implement the provisions of the Convention only to the State Parties with which it has diplomatic relations.

II.        The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and legal and administrative order of the Republic of Turkey are applied.

III.       The Republic of Turkey declares that, in accordance with article 22, paragraph 2 of the Convention, Turkey does not consider itself bound by article 22, paragraph 1 of this Convention. The explicit consent of the Republic of Turkey is necessary in each individual case before any dispute to which the Republic of Turkey is party concerning the interpretation or application of this Convention may be referred to the International Court of Justice.

Reservations:

In connection with Article 20, paragraph 1 of the Convention, concerning the applicability of international humanitarian law, the Republic of Turkey is not a party to the Protocols I and II, dated 8 June 1977, Additional to the Geneva Conventions of 12 August 1949, and therefore will not be bound by the provisions of the said Protocols.”

Part E

“Azerbaijan:

Declaration contained in the instrument of ratification deposited on 11 February 2004:

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.

Reservation contained in the instrument of ratification deposited on 11 February 2004:

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

Declaration contained in the instrument of ratification deposited on 11 February 2004:

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Azerbaijan declares that it designates, according to Article 29, paragraph 1, as the central authority:

The Prosecutors' Office of the Republic of Azerbaijan

Nigar Rafibeyli st. 7

AZ 1001, Baky - Azerbaijan

Reservation contained in the instrument of ratification deposited on 11 February 2004:

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

Belgium:

Reservation contained in a Note Verbale handed over by the Permanent Representative of Belgium to the Deputy Secretary General at the time of deposit of the instrument of ratification, on 23 March 2004:

According to Article 37, paragraph 1, of the Convention, Belgium reserves the right to establish as a criminal offence under its domestic law the conduct referred to in Articles 7 and 8 of the Convention only if such conduct was committed in view of the accomplishment or the omission of an act, without the knowledge and without authorisation, as the case may be, of the board of directors or of the general meeting, of the principal or of the employer.

Reservation contained in a Note Verbale handed over by the Permanent Representative of Belgium to the Deputy Secretary General at the time of deposit of the instrument of ratification, on 23 March 2004:

According to Article 37, paragraph 1, of the Convention, Belgium reserves the right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12 of the Convention which does not concern the use by a person holding a public function of the influence - be it real influence or supposed influence - that he or she disposes of owing to his or her function.

Reservation contained in a Note Verbale handed over by the Permanent Representative of Belgium to the Deputy Secretary General at the time of deposit of the instrument of ratification, on 23 March 2004:

According to Article 37, paragraph 2, of the Convention, Belgium reserves the right to apply Article 17, paragraphs 1 b and c, only if the offence also constitutes an offence under the legislation of the State Party in which it has been committed, unless the offence concerns a person holding a public function in a State member of the European Union.

Finland:

Declaration contained in a letter from the Permanent Representative of Finland, dated 30 September 2003, registered at the Secretariat General on 1 October 2003:

The Government of Finland declares that the central authority designated pursuant to Article 29 is the Ministry of Justice, PO Box No. 25, 00023 Valtioneuvosto, Finland.

Iceland:

Declaration contained in the instrument of ratification deposited on 11 February 2004:

In accordance with Article 29, paragraph 2, of the Convention, the following authority is hereby designated as the central authority for the Republic of Iceland:

The National Commissioner of the Icelandic Police (Ríkislögreglustjórinn) Skúlagötu 21, 101 Reykjvík, Iceland.

Moldova:

Declaration contained in the instrument of ratification deposited on 14 January 2004:

The provisions of the Convention will not be applicable on the territory effectively controlled by the institutions of the self-proclaimed transnistrian republic until the durable settlement of the conflict from this region.

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Moldova, dated 12 January 2004, deposited with the instrument of ratification on 14 January 2004:

According to Article 29, paragraph 1, of the Convention, the following central authorities of the Republic of Moldova have been designated as the authorities competent for its implementation:

a) the Prosecutor General Office - for mutual assistance requests formulated within the criminal proceedings stage, including the requests for extradition;

b) the Ministry of Justice - for mutual assistance requests formulated within the judicial stage and that of the execution of the sentences, including the requests for extradition.

Norway:

Declaration contained in a Note Verbale handed over to the Secretary General of the Council of Europe at the time of deposit of the instrument of ratification on 2 March 2004:

In accordance with Article 29 of the Convention, the Kingdom of Norway declares that the designated authorities are:

1.        the central authority concerning mutual assistance, Ref. Article 26:

Investigation and Prosecution of Economic and Environmental Crime (Økokrim)

P.O. Box 8193 Dep.

0034 Oslo - NORWAY

2.        the central authority concerning Extradition, Ref. Article 27:

The Ministry of Justice and the Police

P.O. Box 8005 Dep.

0030 Oslo - NORWAY

Sweden:

Declaration contained in the instrument of ratification deposited on 25 June 2004:

Sweden makes the explanatory statement that, in Sweden's view, a ratification of the Convention does not mean that its membership of the Group of States against Corruption (GRECO) cannot be reviewed if reasons to do so arise in the future.

Reservation contained in the instrument of ratification deposited on 25 June 2004:

Sweden makes a reservation against the undertaking to introduce criminal provisions for trading in influence (Article 12 of the Convention).

Reservation contained in the instrument of ratification deposited on 25 June 2004:

Sweden reserves the right not to exercise jurisdiction solely on the grounds that a crime under the Convention involves a Swedish citizen who is an official of an international organisation or court, a member of a parliamentary assembly of an international or supranational organisation or a judge at an international court (Article 17.1 c of the Convention).

Sweden also reserves the right to maintain a requirement of dual criminality for Swedish jurisdiction for acts committed abroad.

Declaration contained in the instrument of ratification deposited on 25 June 2004:

As central authority Sweden designates the Government Offices of Sweden (the Swedish Ministry of Justice).

United Kingdom:

Reservation contained in a Note Verbale handed over by the Permanent Representative of the United Kingdom to the Secretary General at the time of deposit of the instrument of ratification, on 9 December 2003:

Section 109 of the Anti-Terrorism, Crime and Security Act 2001 (and section 69 of the Criminal Justice (Scotland) Act 2003) extend the normal jurisdiction of the United Kingdom courts over any offence of bribery at common law or under the Public Bodies Corrupt Practices Act 1889 or the Prevention of Corruption Act 1906 (“the 1906 Act”) to cover offences by United Kingdom nationals which take place outside the United Kingdom. The United Kingdom therefore applies the jurisdictional rule laid down in Article 17, paragraph 1 (b), except that United Kingdom jurisdiction is limited to United Kingdom nationals, and accordingly does not cover public officials or members of domestic public assemblies except where they are United Kingdom nationals. The United Kingdom therefore makes a declaration under Article 17, paragraph 2, that it reserves the right to apply the jurisdictional rule laid down in paragraph 1.b only where the offender is a United Kingdom national. In addition, the United Kingdom makes a declaration under Article 17, paragraph 2 that it reserves the right not to apply the jurisdictional rule laid down in paragraph 1.c at all. Since United Kingdom law places no bar on the extradition of United Kingdom nationals, the United Kingdom does not need to change the law to meet the requirements of Article 17, paragraph 3.

The conduct referred to in Article 7 is largely covered by section 1 of the 1906 Act. The 1906 Act does not however cover the case where the undue advantage is not given directly to the agent but is given to a third party. The United Kingdom accepts this aspect of the law is in need of amendment and the draft Corruption Bill published in 2003 would make this change in respect of England, Wales and Northern Ireland. However for the present a reservation is necessary. Accordingly, in accordance with Article 37, paragraph 1, the United Kingdom reserves the right not to establish as a criminal offence all of the conduct referred to in Article 7.

The conduct referred to in Article 12 is covered by United Kingdom law in so far as an agency relationship exists between the person who trades his influence and the person he influences. However not all of the conduct referred to in Article 12 is criminal under United Kingdom law. Accordingly, in accordance with Article 37, paragraph 1, the United Kingdom reserves the right not to establish as a criminal offence all of the conduct referred to in Article 12.

Declaration contained in a Note Verbale handed over by the Permanent Representative of the United Kingdom to the Secretary General at the time of deposit of the instrument of ratification, on 9 December 2003:

In accordance with Article 30, paragraph 6, of the Convention, the United Kingdom declares that all requests made under this chapter are to be addressed to its central authorities.

Declaration contained in a Note Verbale handed over by the Permanent Representative of the United Kingdom to the Secretary General at the time of deposit of the instrument of ratification, on 9 December 2003:

In accordance with Article 29, paragraph 2, of the Convention, the United Kingdom has designated in pursuance of Article 29, paragraph 1 that its central authority for mutual legal assistance is:

The Home Office

50 Queen Anne's Gate

London - SW1H 9AT

and that its central authorities for extradition are:

For England, Wales and Northern Ireland:

The Home Office

50 Queen Anne's Gate

London - SW1H 9AT

For Scotland:

The Crown Office

25 Chambers Street

Edinburgh - EH1 1LA”

SCHEDULE 4

TABLE