IE
S.I. No. 587/2004 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2004
Table of Provisions (8)
Statutory Text (8 Articles)
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
Countries with which the State has made an extradition agreement under section 8(2) of the Act of 1965
Places to which an extradition agreement or an arrangement under section 8(2) of the Act of 1965 applies
Paris Convention
Hague Convention
Montreal Convention
Montreal Protocol
Nuclear Materials Convention
Drug Trafficking Convention
Anti-Terrorism Convention
Convention Against Torture
Convention on the Safety of UN Personnel
Australian Treaty
United States Trea
Convention on Combating Bribery
Convention on Corruption
Maritime Safety Convention
Fixed Platforms Protocol
Afghanistan
X
X
X
X
X
X
X
Albania
X
X
X
X
X
X
X
X
X
X
X
X
Algeria
X
X
X
X
X
X
X
Andorra
X
X
Angola
X
X
Antigua and Barbuda
X
X
X
X
X
Argentina
X
X
X
X
X
X
X
X
X
X
Armenia
X
X
X
X
X
X
X
X
Australia
X
X
X
X
X
X
X
X
X
X
X
Austria
X
X
X
X
X
X
X
X
X
X
X
X
Azerbaijan
X
X
X
X
X
X
X
X
X
X
X
X
Bahamas
X
X
X
Bahrain
X
X
X
X
X
Bangladesh
X
X
X
X
X
Barbados
X
X
X
X
X
X
Belarus
X
X
X
X
X
X
X
X
X
Belgium
X
X
X
X
X
X
X
X
X
X
X
Belize
X
X
X
X
X
Benin
X
X
X
X
X
Bhutan
X
X
X
Bolivia
X
X
X
X
X
X
X
X
Bosnia and Herzegovina
X
X
X
X
X
X
X
X
X
X
X
Botswana
X
X
X
X
X
X
X
X
X
Brazil
X
X
X
X
X
X
X
X
Brunei Darussalam
X
X
X
X
X
X
X
Bulgaria
X
X
X
X
X
X
X
X
X
X
X
X
X
Burkina Faso
X
X
X
X
X
X
X
X
Burundi
X
X
X
Cambodia
X
X
X
X
Cameroon
X
X
X
X
X
X
Canada
X
X
X
X
X
X
X
X
X
X
Cape Verde
X
X
X
X
X
X
X
Central African Republic
X
X
X
X
Chad
X
X
X
X
Chile
X
X
X
X
X
X
X
X
X
X
China
X
X
X
X
X
X
X
X
X
Colombia
X
X
X
X
X
X
Comoros
X
X
X
Congo
X
X
X
X
Costa Rica
X
X
X
X
X
X
X
X
X
Cote d'Ivoire
X
X
X
X
X
Croatia
X
X
X
X
X
X
X
X
X
X
Cuba
X
X
X
X
X
X
X
X
Cyprus
X
X
X
X
X
X
X
X
X
X
X
X
Czech Republic
X
X
X
X
X
X
X
X
X
X
X
Democratic People's Republic of Korea
X
X
X
X
Democratic Republic of the Congo
X
X
X
Denmark
X
X
X
X
X
X
X
X
X
X
X
X
X
Djibouti
X
X
X
X
X
X
X
Dominica
X
X
Dominican Republic
X
X
X
Ecuador
X
X
X
X
X
X
X
X
X
Egypt
X
X
X
X
X
X
X
El Salvador
X
X
X
X
X
X
X
Eritrea
X
Equatorial Guinea
X
X
X
X
X
X
X
Estonia
X
X
X
X
X
X
X
X
X
X
X
Ethiopia
X
X
X
X
X
Fiji
X
X
X
X
X
Finland
X
X
X
X
X
X
X
X
X
X
X
X
X
France
X
X
X
X
X
X
X
X
X
X
X
X
Gabon
X
X
X
X
Gambia
X
X
X
X
X
Georgia
X
X
X
X
X
X
X
Germany
X
X
X
X
X
X
X
X
X
X
X
X
Ghana
X
X
X
X
X
X
X
X
Greece
X
X
X
X
X
X
X
X
X
X
X
X
Grenada
X
X
X
X
X
X
X
Guatemala
X
X
X
X
X
X
Guinea
X
X
X
X
X
X
Guinea-Bissau
X
X
X
Guyana
X
X
X
X
X
X
X
X
Haiti
X
X
X
Holy See
X
Honduras
X
X
X
X
X
X
Hungary
X
X
X
X
X
X
X
X
X
X
X
X
X
Iceland
X
X
X
X
X
X
X
X
X
X
X
X
X
India
X
X
X
X
X
X
X
Indonesia
X
X
X
X
X
Iran (Islamic Republic of)
X
X
X
X
Iraq
X
X
X
X
Ireland
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Israel
X
X
X
X
X
X
X
Italy
X
X
X
X
X
X
X
X
X
X
X
X
Jamaica
X
X
X
X
Japan
X
X
X
X
X
X
X
X
X
X
Jordan
X
X
X
X
X
X
X
Kazakhstan
X
X
X
X
X
X
X
Kenya
X
X
X
X
X
X
X
X
Kuwait
X
X
X
X
X
X
X
X
X
Kyrgyzstan
X
X
X
X
X
Lao People's Democratic Republic
X
X
X
X
Latvia
X
X
X
X
X
X
X
X
X
X
X
Lebanon
X
X
X
X
X
X
X
X
X
Lesotho
X
X
X
X
X
Liberia
X
X
X
X
X
X
X
Libyan Arab Jamahiriya
X
X
X
X
X
X
X
X
X
Liechtenstein
X
X
X
X
X
X
X
X
X
X
Lithuania
X
X
X
X
X
X
X
X
X
X
X
X
Luxembourg
X
X
X
X
X
X
X
X
X
X
Madagascar
X
X
X
X
X
Malawi
X
X
X
X
Malaysia
X
X
X
Maldives
X
X
X
X
X
Mali
X
X
X
X
X
X
X
X
Malta
X
X
X
X
X
X
X
X
X
X
X
Marshall Islands
X
X
X
X
X
X
Mauritania
X
X
X
X
Mauritius
X
X
X
X
X
X
X
Mexico
X
X
X
X
X
X
X
X
X
Micronesia (Federated States of)
X
X
X
X
Monaco
X
X
X
X
X
X
X
X
X
Mongolia
X
X
X
X
X
X
X
Morocco
X
X
X
X
X
X
X
X
Mozambique
X
X
X
X
X
X
X
X
Myanmar
X
X
X
X
X
X
Namibia
X
X
X
Nauru
X
X
X
Nepal
X
X
X
X
X
Netherlands
X
X
X
X
X
X
X
X
X
X
X
X
X
New Zealand
X
X
X
X
X
X
X
X
X
X
Nicaragua
X
X
X
X
Niger
X
X
X
X
Nigeria
X
X
X
X
X
X
Norway
X
X
X
X
X
X
X
X
X
X
X
X
X
Oman
X
X
X
X
X
X
X
Pakistan
X
X
X
X
X
X
X
Palau
X
X
X
X
X
Panama
X
X
X
X
X
X
X
X
X
Papua New Guinea
X
X
X
Paraguay
X
X
X
X
X
X
Peru
X
X
X
X
X
X
X
X
Philippines
X
X
X
X
X
X
X
X
X
Poland
X
X
X
X
X
X
X
X
X
X
X
X
X
Portugal
X
X
X
X
X
X
X
X
X
X
X
X
X
Qatar
X
X
X
X
X
X
X
Republic of Korea
X
X
X
X
X
X
X
X
X
X
Republic of Moldova
X
X
X
X
X
X
X
X
X
Romania
X
X
X
X
X
X
X
X
X
X
X
X
Russian Federation
X
X
X
X
X
X
X
X
X
X
X
Rwanda
X
X
X
X
Saint Kitts and Nevis
X
X
Saint Lucia
X
X
X
X
X
X
Saint Vincent and the Grenadines
X
X
X
X
X
X
X
Samoa
X
X
X
X
San Marino
X
X
Sao Tome and Principe
X
Saudi Arabia
X
X
X
X
X
Senegal
X
X
X
X
X
X
X
X
X
Serbia and Montenegro
X
X
X
X
X
X
X
X
X
X
X
Seychelles
X
X
X
X
X
X
X
X
Sierra Leone
X
X
X
X
Singapore
X
X
X
X
X
X
Slovakia
X
X
X
X
X
X
X
X
X
X
X
X
X
Slovenia
X
X
X
X
X
X
X
X
X
X
X
X
X
Somalia
X
Solomon Islands
X
South Africa
X
X
X
X
X
X
Spain
X
X
X
X
X
X
X
X
X
X
X
X
Sri Lanka
X
X
X
X
X
X
X
Sudan
X
X
X
X
X
X
X
Suriname
X
X
X
X
Swaziland
X
X
X
X
X
X
X
Sweden
X
X
X
X
X
X
X
X
X
X
X
X
X
Switzerland
X
X
X
X
X
X
X
X
X
X
Syrian Arab Republic
X
X
X
X
X
X
X
Tajikistan
X
X
X
X
X
X
Thailand
X
X
X
X
The Former Yugoslav Republic of Macedonia
X
X
X
X
X
X
X
X
X
Timor-Leste
X
Togo
X
X
X
X
X
X
X
Tonga
X
X
X
X
X
X
X
Trinidad and Tobago
X
X
X
X
X
X
X
Tunisia
X
X
X
X
X
X
X
X
X
Turkey
X
X
X
X
X
X
X
X
X
X
X
X
X
Turkmenistan
X
X
X
X
X
X
X
X
Uganda
X
X
X
X
X
X
X
Ukraine
X
X
X
X
X
X
X
X
X
X
X
United Arab Emirates
X
X
X
X
X
United Kingdom
X
X
X
X
X
X
X
X
X
X
X
X
X
United Republic of Tanzania
X
X
X
X
United States of America
X
X
X
X
X
X
X
X
X
X
Uruguay
X
X
X
X
X
X
X
X
X
Uzbekistan
X
X
X
X
X
X
X
X
X
Vanuatu
X
X
X
X
Venezuela
X
X
X
X
Viet Nam
X
X
X
X
X
X
Yemen
X
X
X
X
X
X
Zambia
X
X
X
X
Zimbabwe
X
X
X
Netherlands Antilles
X
Netherlands Aruba
X
GIVEN under the Official Seal of the Minister for Foreign Affairs this 28
th
September, 2004.
Brian Cowen,
Minister for Foreign Affairs
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The effect of this Order is to amend the Extradition Act 1965 (Application of Part II) Order 2000 by applying the provisions of Part II of the enabling Act to the States Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done at Rome on 10 March 1988, which was acceded to on behalf of the State on 10 September 2004, to the States Parties to 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, which was acceded to on behalf of the State on 10 September 2004, and to those additional States which became party to the international agreements dealt with by that Order so as to ensure that the State can fulfil its international obligations relating to extradition.
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
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
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
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
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.