S.I. No. 374/2005 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2005
Table of Provisions (10)
Statutory Text (10 Articles)
1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation 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.
Pursuant to article 30, paragraph 2, of the Convention, the Government of Mauritania declares that it does not consider itself bound by paragraph 1 of this article, which provides that in the event of a dispute concerning the interpretation or application of the Convention, one of the Parties may refer the dispute to the International Court of Justice by request.”
PART F
“Cyprus
7 December 2004
Objection
With regard to the declarations made by Turkey upon ratification
The Government of the Republic of Cyprus has examined the declarations made by the Republic of Turkey upon ratification of the Convention on the Safety of the United Nations and Associated Personnel.
The Republic of Turkey declares that it will implement the provisions of the Convention only to the States with which it has diplomatic relations.
In view of the Government of the Republic of Cyprus this declaration in fact amounts to a reservation. The reservation makes it unclear to what extent the Republic of Turkey considers itself bound by the obligations arising from the Convention. In the absence of further clarification, this reservation creates uncertainty as to the States Parties in respect of which Turkey is undertaking the obligations in the Convention, and raises doubt as to the commitment of the Republic of Turkey to the object and purpose of the Convention.
The Republic of Turkey furthermore declares that the Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.
In the view of the Republic of Cyprus, this declaration in fact amounts to a reservation. This reservation is contrary to the letter and the spirit of Article 10 of the Convention. It should be recalled that the duty to establish jurisdiction over the crimes set out in the Convention is mandatory upon States Parties when the crime is committed in the territory of that State or on board a ship or aircraft registered in that State and when the alleged offender is a national of that State. A limitation to the national territory is contrary to the obligations of States Parties in this regard and therefore incompatible with the object and purpose of the Convention.
The Republic of Turkey also makes a reservation that 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 Convention of 12 August 1949, and therefore will not be bound by the provisions of the said Protocols.
The Republic of Cyprus considers this reservation to be contrary to the letter and spirit of Article 20 (1) of the Convention, which states that nothing shall affect the applicability of international humanitarian law as contained in international instruments in relation to the protection of United Nations operations and United Nations and Associated Personnel. Accordingly, this reservation is prohibited by the Convention.
For these reasons, the Government of the Republic of Cyprus objects to the aforesaid reservations made by the Republic of Turkey to the Convention on the Safety of the United Nations and Associated Personnel.
This objection shall not preclude the entry into force of the Convention between the Republic of Cyprus and the Republic of Turkey. The Convention, therefore, enters into force between the two States without the Republic of Turkey benefiting from these reservations
Kuwait
19 July 2004
Reservation in respect of article 22 (1), in accordance with article 22 (2) of the Convention.”
PART G
“Serbia and Montenegro
Declaration contained in a Note verbale from the Permanent Representation of Serbia and Montenegro, dated 1 July 2004, registered at the Secretariat General on 5 July 2004
In accordance with Article 29 of the Convention, the following institutions have been designated as central authorities of Serbia and Montenegro responsible for sending and answering requests made under Chapter IV of the Convention, the execution of such requests or transmission of them to the authorities competent for the execution
Ministry of Justice of the Republic of Serbia
Nemanjina 22-26
11 000 Belgrade
Ministry of Internal Affairs of the Republic of Serbia
Department against Organised Crime
Finance Intelligence Unit
Section for the Suppression of Corruption
Kneza Milosa 101
11 000 Belgrade
Agency for Anti-corruption Initiative of the Republic of Montenegro
Trg Vektra bb 81 000 Podgorica
Besides the above-mentioned institutions, the central authority in Serbia and Montenegro in the sense of Article 26 of the Convention is also
Ministry for Human and Minority Rights of Serbia and Montenegro
Bulevar Mihaila Pupina 2
11 070 New Belgrade
The afore-mentioned Ministry for Human and Minority Rights of Serbia and Montenegro is the only central authority in Serbia and Montenegro responsible for requests made with respect to the matter of extradition, dealt with in Article 27 of the Convention.
Latvia
Renewal of reservation contained in a Note verbale from the Permanent Representation of Latvia, dated 30 December 2004, registered at the Secretariat General on 19 January 2005
With due regard to well-established principles of international law, especially in the field of extradition, the Republic of Latvia declares that it renews its reservation for the period set out in paragraph 1 of Article 38 of the Convention.
The Republic of Latvia considers that the issue of mutual legal assistance, beyond all doubts, constitutes one of the fundamental elements of suppression of all forms of crimes inter alia, corruption. Nevertheless, the Republic of Latvia would like to stress, that in accordance with the principles of its legal order, observation of human rights and rule of law is the core element for providing mutual legal assistance to other States
If there is sufficient ground to believe that the offence which the request for mutual legal assistance refers to could be considered a political offence, the nationals authorities in charge are under an obligation to review the aforementioned request in the light of safeguards provided to any person in accordance with human rights.
Furthermore, the Republic of Latvia would like to emphasize that it has made similar reservations to all international instruments in the penal field, if this instrument contains clauses for extradition or mutual legal assistance.”
SCHEDULE 6
“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 Treaty
Convention on Combating Bribery
Convention on Corruption
Maritime Safety Convention
Fixed Platforms Protocol
Hostages Convention
Convention on Crimes against Internationally Protected Persons
Convention on Terrorist Bombings
Convention on Financing Terrorism
Afghanistan
X
X
X
X
X
X
X
X
X
X
X
Albania
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Algeria
X
X
X
X
X
X
X
X
X
X
X
Andorra
X
X
X
X
X
X
Angola
X
X
Antigua and Barbuda
X
X
X
X
X
X
X
X
Argentina
X
X
X
X
X
X
X
X
X
X
X
X
X
Armenia
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Australia
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Austria
X
X
X
X
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
X
X
X
X
Bahamas
X
X
X
X
X
Bahrain
X
X
X
X
X
X
X
Bangladesh
X
X
X
X
X
X
X
X
X
X
X
X
Barbados
X
X
X
X
X
X
X
X
X
X
Belarus
X
X
X
X
X
X
X
X
X
X
X
X
X
Belgium
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Belize
X
X
X
X
X
X
X
X
X
Benin
X
X
X
X
X
X
X
X
X
Bhutan
X
X
X
X
X
X
Bolivia
X
X
X
X
X
X
X
X
X
X
X
X
X
Bosnia and Herzegovina
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Botswana
X
X
X
X
X
X
X
X
X
X
X
X
X
Brazil
X
X
X
X
X
X
X
X
X
X
X
Brunei Darussalam
X
X
X
X
X
X
X
X
X
X
X
Bulgaria
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Burkina Faso
X
X
X
X
X
X
X
X
X
X
X
X
Burundi
X
X
X
X
Cambodia
X
X
X
X
Cameroon
X
X
X
X
X
X
X
X
X
Canada
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Cape Verde
X
X
X
X
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
X
X
X
X
China
X
X
X
X
X
X
X
X
X
X
X
X
Colombia
X
X
X
X
X
X
X
X
X
X
Comoros
X
X
X
X
X
X
X
Congo
X
X
X
X
Cook Islands
X
X
Costa Rica
X
X
X
X
X
X
X
X
X
X
X
X
X
Cote d'Ivoire
X
X
X
X
X
X
X
X
X
Croatia
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Cuba
X
X
X
X
X
X
X
X
X
X
X
X
Cyprus
X
X
X
X
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
X
X
X
X
X
Democratic People's Republic of Korea
X
X
X
X
X
X
Democratic Republic of the Congo
X
X
X
X
X
Denmark
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Djibouti
X
X
X
X
X
X
X
X
X
X
X
Dominica
X
X
X
X
X
X
X
X
Dominican Republic
X
X
X
X
Ecuador
X
X
X
X
X
X
X
X
X
X
X
X
Egypt
X
X
X
X
X
X
X
X
X
X
El Salvador
X
X
X
X
X
X
X
X
X
X
X
Eritrea
X
Equatorial Guinea
X
X
X
X
X
X
X
X
X
X
X
Estonia
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Ethiopia
X
X
X
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
X
X
X
X
France
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Gabon
X
X
X
X
X
X
X
X
Gambia
X
X
X
X
X
Georgia
X
X
X
X
X
X
X
X
X
X
X
Germany
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Ghana
X
X
X
X
X
X
X
X
X
X
X
X
Greece
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Grenada
X
X
X
X
X
X
X
X
X
X
X
Guatemala
X
X
X
X
X
X
X
X
X
X
Guinea
X
X
X
X
X
X
X
X
X
X
X
X
Guinea- Bissau
X
X
X
Guyana
X
X
X
X
X
X
X
X
Haiti
X
X
X
X
X
Holy See
X
Honduras
X
X
X
X
X
X
X
X
X
X
X
X
Hungary
X
X
X
X
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
X
X
X
X
India
X
X
X
X
X
X
X
X
X
X
X
Indonesia
X
X
X
X
X
Iran (Islamic Republic of)
X
X
X
X
X
Iraq
X
X
X
X
X
Ireland
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Israel
X
X
X
X
X
X
X
X
X
X
Italy
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Jamaica
X
X
X
X
X
Japan
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Jordan
X
X
X
X
X
X
X
X
X
X
Kazakhstan
X
X
X
X
X
X
X
X
X
X
X
Kenya
X
X
X
X
X
X
X
X
X
X
X
X
X
Kuwait
X
X
X
X
X
X
X
X
X
X
X
X
Kyrgyzstan
X
X
X
X
X
X
X
X
X
Lao People's Democratic Republic
X
X
X
X
X
X
X
X
Latvia
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Lebanon
X
X
X
X
X
X
X
X
X
X
X
Lesotho
X
X
X
X
X
X
X
X
Liberia
X
X
X
X
X
X
X
X
X
X
X
Libyan Arab Jamahiriya
X
X
X
X
X
X
X
X
X
X
X
X
X
Liechtenstein
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Lithuania
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Luxembourg
X
X
X
X
X
X
X
X
X
X
X
X
X
Madagascar
X
X
X
X
X
X
X
X
X
Malawi
X
X
X
X
X
X
X
X
Malaysia
X
X
X
X
X
Maldives
X
X
X
X
X
X
X
X
Mali
X
X
X
X
X
X
X
X
X
X
X
X
Malta
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Marshall Islands
X
X
X
X
X
X
X
X
X
X
Mauritania
X
X
X
X
X
X
X
X
X
Mauritius
X
X
X
X
X
X
X
X
X
X
X
Mexico
X
X
X
X
X
X
X
X
X
X
X
X
X
Micronesia (Federated States of)
X
X
X
X
X
X
X
X
Monaco
X
X
X
X
X
X
X
X
X
X
X
X
X
Mongolia
X
X
X
X
X
X
X
X
X
X
X
Morocco
X
X
X
X
X
X
X
X
X
X
Mozambique
X
X
X
X
X
X
X
X
X
X
X
X
Myanmar
X
X
X
X
X
X
X
X
X
Namibia
X
X
X
Nauru
X
X
X
X
Nepal
X
X
X
X
X
X
X
Netherlands
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Netherlands Antilles
X
Netherlands Aruba
X
New Zealand
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Nicaragua
X
X
X
X
X
X
X
X
X
Niger
X
X
X
X
X
X
X
X
X
Nigeria
X
X
X
X
X
X
X
Norway
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Oman
X
X
X
X
X
X
X
X
X
Pakistan
X
X
X
X
X
X
X
X
X
X
Palau
X
X
X
X
X
X
X
X
X
Panama
X
X
X
X
X
X
X
X
X
X
X
X
X
Papua New Guinea
X
X
X
X
X
X
X
Paraguay
X
X
X
X
X
X
X
X
X
X
X
X
Peru
X
X
X
X
X
X
X
X
X
X
X
X
Philippines
X
X
X
X
X
X
X
X
X
X
X
X
X
Poland
X
X
X
X
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
X
X
X
X
Qatar
X
X
X
X
X
X
X
X
Republic of Korea
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Republic of Moldova
X
X
X
X
X
X
X
X
X
X
X
X
X
Romania
X
X
X
X
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
X
X
X
X
Rwanda
X
X
X
X
X
X
X
X
Saint Kitts and Nevis
X
X
X
X
X
Saint Lucia
X
X
X
X
X
X
Saint Vincent and the Grenadines
X
X
X
X
X
X
X
X
X
X
Samoa
X
X
X
X
X
San Marino
X
X
X
X
Sao Tome and Principe
X
Saudi Arabia
X
X
X
X
X
X
X
Senegal
X
X
X
X
X
X
X
X
X
X
X
X
Serbia and Montenegro
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Seychelles
X
X
X
X
X
X
X
X
X
X
X
X
Sierra Leone
X
X
X
X
X
X
X
X
Singapore
X
X
X
X
X
X
X
Slovakia
X
X
X
X
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
X
X
X
X
Somalia
X
Solomon Islands
X
South Africa
X
X
X
X
X
X
X
X
X
X
Spain
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Sri Lanka
X
X
X
X
X
X
X
X
X
X
X
Sudan
X
X
X
X
X
X
X
X
X
X
X
Suriname
X
X
X
X
X
Swaziland
X
X
X
X
X
X
X
X
X
X
X
Sweden
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Switzerland
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Syrian Arab Republic
X
X
X
X
X
X
X
X
X
Tajikistan
X
X
X
X
X
X
X
X
X
X
Thailand
X
X
X
X
X
The Former Yugoslav Republic of Macedonia
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Timor-Leste
X
Togo
X
X
X
X
X
X
X
X
X
X
X
Tonga
X
X
X
X
X
X
X
X
X
X
X
Trinidad and Tobago
X
X
X
X
X
X
X
X
X
X
Tunisia
X
X
X
X
X
X
X
X
X
X
X
X
X
Turkey
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Turkmenistan
X
X
X
X
X
X
X
X
X
X
X
X
X
Uganda
X
X
X
X
X
X
X
X
X
X
X
Ukraine
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
United Arab Emirates
X
X
X
X
X
X
X
United Kingdom
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Channel Islands
X
Isle of Man
X
United Republic of Tanzania
X
X
X
X
X
X
X
X
United States of America
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Uruguay
X
X
X
X
X
X
X
X
X
X
X
X
X
Uzbekistan
X
X
X
X
X
X
X
X
X
X
X
X
X
Vanuatu
X
X
X
X
Venezuela
X
X
X
X
X
X
X
X
Viet Nam
X
X
X
X
X
X
X
X
Yemen
X
X
X
X
X
X
X
X
X
Zambia
X
X
X
X
Zimbabwe
X
X
X
GIVEN under the Official Seal of the Minister for Foreign Affairs this 14
th
day of July, 2005.
Dermot Ahern,
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 International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17
th
day of December 1979 and the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted at New York on the 14
th
day of December 1973, which were acceded to on behalf of the State on 30 June 2005, and the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15
th
day of December 1997 and the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9
th
day of December 1999, which were ratified on behalf of the State on 30 June 2005, 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.
2. Taking into account any observations which may have been submitted by the State Party concerned, as well as any other relevant information available to it, the Committee may, if it decides that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgently.
3. If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the cooperation of the State Party concerned. In agreement with that State Party, such an inquiry may include a visit to its territory.
4. After examining the findings of its member or members submitted in accordance with paragraph 2 of this article, the Committee shall transmit these findings to the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation.
5. All the proceedings of the Committee referred to in paragraphs 1 to 4 of this article shall be confidential, and at all stages of the proceedings the cooperation of the State Party shall be sought. After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report made in accordance with article 24.
Article 30, paragraph 1
6. By a Swedish, Danish, Finnish, Icelandic or Norwegian citizen against a Swedish interest.
Switzerland
Pursuant to article 7, paragraph 3, of the International Convention for the Suppression of the Financing of Terrorism, Switzerland establishes its jurisdiction over the offences set forth in article 2 in all the cases provided for in article 7, paragraph 2.
Tunisia
The Republic of Tunisia,
In ratifying the International Convention for the Suppression of the Financing of Terrorism adopted on 9 December 1999 by the General Assembly at its fifty-fourth session and signed by the Republic of Tunisia on 2 November 2001, declares that it considers itself bound by the provisions of article 7, paragraph 2, of the Convention and decides to establish its jurisdiction when
- The offence was directed towards or resulted in the carrying out of an offence referred to in article 2, paragraph 1, subparagraph (a) or (b), in the territory of Tunisia or against one of its nationals;
- The offence was directed towards or resulted in the carrying out of an offence referred to in article 2, paragraph 1, subparagraph (a) or (b), against a Tunisian State or government facility abroad, including Tunisian diplomatic or consular facilities;
- The offence was directed towards or resulted in an offence referred to in article 2 paragraph 1, subparagraph (a) or (b), committed in an attempt to compel Tunisia to do or abstain from doing any act;
- The offence is committed by a stateless person who has his or her habitual residence in Tunisian territory;
- The offence is committed on board an aircraft operated by the Government of Tunisia.
Turkey
Pursuant to Article 7, paragraph 3 of the International Convention for the Suppression of the Financing of Terrorism, Turkey has established its jurisdiction in accordance with its domestic law in respect of offences set forth in Article 2 in all cases referred to in Article 7, paragraph 2.
Ukraine
Ukraine exercises its jurisdiction over the offences set forth in article 2 of the Convention in cases provided for in paragraph 2 article 7 of the Convention.
Uzbekistan
5 February 2002
Republic of Uzbekistan establishes its jurisdiction over offences referred to in article 2 of the Convention in all cases stipulated in article 7, paragraph 2 of the Convention.
Venezuela (Bolivarian Republic of)
By virtue of the provisions of article 7, paragraph 3, of the International Convention for the Suppression of the Financing of Terrorism, the Bolivarian Republic of Venezuela declares that it has established jurisdiction under its domestic law over offences committed in the situations and under the conditions envisaged in article 7, paragraph 2 of the Convention.”
SCHEDULE 5
PART A
“Bulgaria
Amendment of declaration contained in a Note Verbale from the Permanent Representation of Bulgaria, dated 7 March 2002, registered at the Secretariat General on 11 March 2002
The Republic of Bulgaria declares that it will require that all documents be sent together with a translation into Bulgarian, or in the absence of such, with a translation into either of the official languages of the Council of Europe.
South Africa
Declaration contained in a Note Verbale from the Embassy of South Africa in Brussels dated 26 May 2003 and registered at the Secretariat General on 11 June 2003 supplemented by a Note Verbale dated 17 June 2003 and registered at the Secretariat General on 17 June 2003
For the purposes of Article 6 of the Convention, the term “nationals” is defined, in terms of South Africa's legal system, as persons who have acquired South African citizenship by means of birth, descent or naturalisation. This includes persons with citizenship of South Africa and of another country. These persons will all be liable to be extradited. South Africa's acceptance of dual citizenship will therefore not bar the extradition of a person where he or she is also in possession of a citizenship of a country which prohibits the extradition of its nationals.
Reservation contained in a Note Verbale from the Embassy of South Africa in Brussels dated 26 May 2003 and registered at the Secretariat General on 11 June 2003 supplemented by a Note Verbale dated 17 June 2003 and registered at the Secretariat General on 17 June 2003
For the purposes of Article 2 of the Convention, the Republic of South Africa shall not extradite any person unless the punishment awarded for a conviction in respect of which he or she is being sought, is a sentence of imprisonment of at least six months.”
PART B
“Andorra
23 Sep 2004
At the time of accession to this Convention, the Principality of Andorra has no airport or airfield, although it does have a heliport and helistation.”
PART C
“Lao People's Democratic Republic
1 Oct 2004
Reservation
In accordance with paragraph 4, Article 32 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the Lao People's Democratic Republic does not consider itself bound by paragraph 2, Article 32 of the present Convention. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Convention to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute is necessary.
United Kingdom
Further, on 3 April 2002, the Government of the United Kingdom informed the Secretary-General that the Convention would extend to Guernsey, with the following reservation
(1) Article 7, Paragraph 18 (Reservation)
The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under Article 7, Paragraph 18, in relation to Guernsey, where this is specifically requested by the person to whom the immunity would apply or by the authority designated under Article 7, Paragraph 8 of the party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of Guernsey consider that to do so would be contrary to the public interest.”
PART D
“The Former Yugoslav Republic of Macedonia
Reservation contained in the instrument of ratification deposited on 29 November 2004
In accordance with Article 13 of the Convention, the Republic of Macedonia reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives; in these cases, the Republic of Macedonia undertakes to take into due consideration when evaluating the character of the offence, its particularly serious aspects, including that it created a collective danger to the life physical integrity or liberty of persons or that it affected persons foreign to the motives behind it or that cruel or vicious means have been used in the commission of the offence.”
PART E
“Chile
15 March 2004
By virtue of the powers vested in me by the Constitution of the Republic of Chile, I should like to declare that the Government of Chile recognizes the competence of the Committee against Torture established pursuant to article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations in resolution 39/46 of 10 December 1984 with respect to acts of which the commencement of execution is subsequent to the communication of this declaration by the Republic of Chile to the Secretary-General of the United Nations
(a) To receive and consider communications to the effect that a State party claims that the State of Chile is not fulfilling its obligations under the Convention, in accordance with article 21 thereof; and
(b) To receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by the State of Chile of the provisions of the Convention, in accordance with article 22 thereof.
Mauritania
17 Nov 2004
Reservations
Article 20
The Mauritanian Government does not recognize the competence granted to the Committee in article 20 of the Convention, which provides as follows
7. if the least severe punishment prescribed for the crime in Swedish law is imprisonment for four years or more.
Section 3 a
Besides the cases described in Sections 1-3, crimes shall be adjudged according to Swedish law by a Swedish court in accordance with the provisions of the Act on International Collaboration concerning Proceedings in Criminal matters.
Section 4
A crime is deemed to have been committed where the criminal act was perpetrated and also where the crime was completed or in the case of an attempt, where the intended crime would have been completed.
Section 5
Prosecution for a crime committed within the Realm on a foreign vessel or aircraft by an alien, who was the officer in charge or member of its crew or otherwise travelled in it against another alien or a foreign interest shall not be instituted without the authority of the Government or a person designated by the Government.
Prosecution for a crime committed outside the Realm may be instituted only following the authorisation referred to in the first paragraph. However, prosecution may be instituted without such an order if the crime consists of a false or careless statement before an international court or if the crime was committed
8. 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.
9. International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.
PART B
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.)
Algeria
Reservation
Reservation of Algeria
The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 24, paragraph 1, of the International Convention for the Suppression of the Financing of Terrorism.
The Government of the People's Democratic Republic of Algeria declares that in order for a dispute to be submitted to arbitration or to the International Court of Justice, the agreement of all parties to the dispute shall be required in each case.
Bahrain
Reservation
The Kingdom of Bahrain does not consider itself bound by paragraph 1 of Article 24 of the Convention.
Declaration
The following Conventions shall be deemed not to be included in the annex referred to in Article 2, paragraph 1, subparagraph (a), since Bahrain is not a party thereto
WHEREAS, by the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17
th
day of December 1979 (referred to subsequently in these recitals as the “Hostages Convention”, and the terms of which are set out in Part A of Schedule 7G of the Extradition Act 1965 (Application of Part II Order 2000 (
S.I. No. 474 of 2000
) (inserted by Article 2(b) of, and 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 Hostages Convention was acceded to on behalf of the State on the 30
th
day of June 2005;
AND WHEREAS the Hostages Convention has also been ratified, or acceded to, by the countries specified in the Table to Schedule 10 to the Extradition Act 1965 (Application of Part II) Order 2000 (
S.I. No. 474 of 2000
) (inserted by Article 2(n) of, and Schedule 6 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 7G;
AND WHEREAS, by the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted at New York on the 14
th
day of December 1973 (referred to subsequently in these recitals as the “Convention on Crimes against Internationally Protected Persons”, and the terms of which are set out in Part A of Schedule 7H to the Extradition Act 1965 (Application of Part II) Order 2000 (
S.I. No. 474 of 2000
) (inserted by Article 2(c) of, and Schedule 2 to this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;
AND WHEREAS the Convention on Crimes against Internationally Protected Persons was acceded to on behalf of the State on the 30
th
day of June 2005;
AND WHEREAS the Convention on Crimes against Internationally Protected Persons 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 7H;
AND WHEREAS, by the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15
th
day of December 1997 (referred to subsequently in these recitals as the “Convention on Terrorist Bombings”, and the terms of which are set out in Part A of Schedule 7I to the Extradition Act 1965 (Application of Part II) Order 2000 (
S.I. No. 474 of 2000
) (inserted by Article 2(d) of, and Schedule 3 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;
AND WHEREAS the Convention on Terrorist Bombings was ratified on behalf of the State on the 30
th
day of June 2005;
AND WHEREAS the Convention on Terrorist Bombings 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 7I;
AND WHEREAS, by the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9
th
day of December 1999 (referred to subsequently in these recitals as the “Convention on Financing Terrorism”, and the terms of which are set out in Part A of Schedule 7J to the Extradition Act 1965 (Application of Part II) Order 2000 (
S.I. No. 474 of 2000
) (inserted by Article 2(e) of, and Schedule 4 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;
AND WHEREAS the Convention on Financing of Terrorism was ratified on behalf of the State on the 30
th
day of June 2005;
AND WHEREAS the Convention on Financing of Terrorism 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 7J;
AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) (No. 2) Order 2004 (
S.I. No. 725 of 2004
), certain additional reservations have been entered to the European Convention on Extradition, done at Paris on the 13
th
day of December 1957 (referred to subsequently in these recitals as the “Paris Convention”), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, concluded at Vienna on the 20
th
day of December 1988, the European Convention on the Suppression of Terrorism done at Strasbourg on the 27
th
day of January 1977, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on the 10
th
day of December 1984, the Convention on the Safety of United Nations and Associated Personnel, done at New York on the 9
th
day of December, 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”) and the Criminal Law Convention on Corruption, done at Strasbourg on the 27
th
day of January 1999 (referred to subsequently in these recitals as the “Convention on Corruption”), the texts of which are set out in Part C of Schedule 1, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 (
S.I. No. 173 of 2002
)), Part B of Schedule 7B (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 (
S.I. No. 173 of 2002
)) and Part B of Schedule 7D (inserted by the Extradition Act 1965 (Application of Part II) (Amendment Order 2003 (
S.I. No. 479 of 2003
)) of the Extradition Act 1965 (Application of Part II Order 2000 (
S.I. No. 474 of 2000
) (as amended by Article 2 of, and Schedule 5 to, this Order);
AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) (No. 2) Order 2004 (
S.I. No. 725 of 2004
), certain additional declarations have been made in relation to the Paris Convention, the Convention for the Suppression of the Unlawful Seizure of Aircraft done at the Hague on the 16
th
day of December 1970 the Convention on the Safety of UN Personnel and the Convention on Corruption, the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 7B and Part B of Schedule 7D to the Extradition Act 1965 (Application of Part II) Order 2000 (
S.I. No. 474 of 2000
) (as amended by Article 2 of, and Schedule 5 to, this Order);
NOW I, Dermot Ahern, T.D., Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 8 (amended by
section 49
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