S.I. No. 383/2019 - Extradition (Convention on the Safety of United Nations and Associated Personnel) Order 2019

1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.

2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.

Article 29

Authentic texts

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

DONE at New York this ninth day of December one thousand nine hundred and ninety-four

SCHEDULE 2

PART A

Albania

Argentina

Australia

Azerbaijan

Bangladesh

Belarus

Benin

Bolivia (Plurinational State of)

Bosnia and Herzegovina

Botswana

Brazil

Brunei Darussalam

Burkina Faso

Canada

Chile

China

Colombia

Congo

Costa Rica

Côte d’Ivoire

Democratic People’s Republic of Korea

Dominican Republic

Ecuador

El Salvador

Fiji

Guatemala

Guinea

Guyana

Iceland

Jamaica

Japan

Kenya

Kuwait

Lao People’s Democratic Republic

Lebanon

Lesotho

Liberia

Libya

Liechtenstein

Malawi

Mali

Monaco

Mongolia

Montenegro

Nauru

Nepal

New Zealand

Norway

Palestine

Panama

Paraguay

Philippines

Republic of Korea

Republic of North Macedonia

Russian Federation

Samoa

Saudi Arabia

Senegal

Serbia

Singapore

Sri Lanka

Switzerland

Togo

Tunisia

Turkey

Turkmenistan

Ukraine

Uruguay

Uzbekistan

PART B

Reservations and Declarations made by States Parties with respect to the Convention on the Safety of United Nations and Associated Personnel

(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval, formal confirmation, succession or accession.)

El Salvador

“With respect to the provisions of article 15 of the Convention, the Republic of El Salvador does not regard the above-mentioned Convention as the legal basis for cooperation in connection with extradition.

[…]”

GIVEN under my Official Seal,

18 July 2019.

SIMON COVENEY,

Minister for Foreign Affairs and Trade

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 apply the provisions of Part II of the

Extradition Act 1965

to the countries listed in Part A of Schedule 2 to the Order in respect of offences under the 1994 United Nations Convention on the Safety of United Nations and Associated Personnel. The Convention was ratified by the State on 28 March 2002. The countries listed in Part A of Schedule 2 are those states parties to the Convention other than Member States of the European Union because extradition to and from those Member States is regulated by the European Arrest Warrant system. Part B of Schedule 2 lists the reservations and declarations, or parts thereof, made by certain states parties which relate to extradition under the Convention.

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

Article 23

Review meetings

At the request of one or more States Parties, and if approved by a majority of States Parties, the Secretary-General of the United Nations shall convene a meeting of the States Parties to review the implementation of the Convention, and any problems encountered with regard to its application.

Article 24

Signature

This Convention shall be open for signature by all States, until 31 December 1995, at United Nations Headquarters in New York.

Article 25

Ratification, acceptance or approval

This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

Article 26

Accession

This Convention shall be open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 27

Entry into force

4. Each of those crimes shall be treated, for the purposes of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of article 10.

Article 16

Mutual assistance in criminal matters

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

Article 11

Prevention of crimes against United Nations and associated personnel

States Parties shall cooperate in the prevention of the crimes set out in article 9, particularly by

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

(b) Exchanging information in accordance with their national law and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.

Article 12

Communication of information

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd August,

2019.

WHEREAS, by the Convention on the Safety of United Nations and Associated Personnel (the terms of which are set out in Schedule 1 to the following Order) done at New York on 9 December 1994 (referred to subsequently in these recitals as “the Convention”) to which the State is a party, an arrangement was made with other countries that are parties to the Convention for the surrender of persons wanted for prosecution or punishment for offences specified therein;

AND WHEREAS the Convention was acceded to on behalf of the State on 28 March 2002;

AND WHEREAS the Convention has also been ratified, or acceded to, by the countries specified in that regard in Part A of Schedule 2 to the following Order, subject to the reservations entered and the declarations made by certain countries concerned specified in Part B of that Schedule;

NOW I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of powers conferred on me by section 8 (amended by

section 57

(3) of the

Criminal Justice (Terrorist Offences) Act 2005

(No. 2 of 2005)) of the

Extradition Act 1965

(No. 17 of 1965) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 (

S.I. No. 246 of 2011

)), and after consultation with the Minister for Justice and Equality, hereby order as follows