S.I. No. 384/2019 - Extradition (Convention on Combating Bribery of Foreign Public Officials in International Business Transactions) Order 2019

1. This Convention shall enter into force on the sixtieth day following the date upon which five of the ten countries which have the ten largest export shares set out in DAFFE/IME/BR(97)18/FINAL (annexed), and which represent by themselves at least sixty per cent of the combined total exports of those ten countries, have deposited their instruments of acceptance, approval, or ratification. For each signatory depositing its instrument after such entry into force, the Convention shall enter into force on the sixtieth day after deposit of its instrument.

2. If, after 31 December 1998, the Convention has not entered into force under paragraph 1 above, any signatory which has deposited its instrument of acceptance, approval or ratification may declare in writing to the Depositary its readiness to accept entry into force of this Convention under this paragraph 2. The Convention shall enter into force for such a signatory on the sixtieth day following the date upon which such declarations have been deposited by at least two signatories. For each signatory depositing its declaration after such entry into force, the Convention shall enter into force on the sixtieth day following the date of deposit.

Article 16

Amendment

Any Party may propose the amendment of this Convention. A proposed amendment shall be submitted to the Depositary which shall communicate it to the other Parties at least sixty days before convening a meeting of the Parties to consider the proposed amendment. An amendment adopted by consensus of the Parties, or by such other means as the Parties may determine by consensus, shall enter into force sixty days after the deposit of an instrument of ratification, acceptance or approval by all of the Parties, or in such other circumstances as may be specified by the Parties at the time of adoption of the amendment.

Article 17

Withdrawal

A Party may withdraw from this Convention by submitting written notification to the Depositary. Such withdrawal shall be effective one year after the date of the receipt of the notification. After withdrawal, co-operation shall continue between the Parties and the Party which has withdrawn on all requests for assistance or extradition made before the effective date of withdrawal which remain pending.

DONE

in Paris this seventeenth day of December, Nineteen Hundred and Ninety-Seven in the French and English languages, each text being equally authentic.

Annex

Statistics on OECD Exports

1990-1996 US$ million

1990-1996

1990-1996

% of Total OCDE

% of 10 largest

United States

287 118

15.9%

19.7%

Germany

254 746

14.1%

17.5%

Japan

212 665

11.8%

14.6%

France

138 471

7.7%

9.5%

United Kingdom

121 258

6.7%

8.3%

Italy

112 449

6.2%

7.7%

Canada

91 215

5.1%

6.3%

Korea (1)

81 364

4.5%

5.6%

Netherlands

81 264

4.5%

5.6%

Belgium-Luxembourg

78 598

4.4%

5.4%

Total 10 largest

1 459 148

81.0%

100%

Spain

42 469

2.4%

Switzerland

40 395

2.2%

Sweden

36 710

2.0%

Mexico (1)

34 233

1.9%

Australia

27 194

1.5%

Denmark

24 145

1.3%

Austria

*

22 432

1.2%

Norway

21 666

1.2%

Ireland

19 217

1.1%

Finland

17 296

1.0%

Poland (1)

**

12 652

0.7%

Portugal

10 801

0.6%

Turkey

*

8 027

0.4%

Hungary

**

6 795

0.4%

New Zealand

6 663

0.4%

Czech Republic

***

6 263

0.3%

Greece

*

4 606

0.3%

Iceland

949

0.1%

Total OCDE

1 801 661

100%

Notes

* 1990-1995; ** 1991-1996; *** 1993-1996

Source: OECD, (1) IMF

Concerning Belgium-Luxembourg: Trade statistics for Belgium and Luxembourg are available only on a combined basis for the two countries. For purposes of Article 15, paragraph 1 of the Convention, if either Belgium or Luxembourg deposits its instrument of acceptance, approval or ratification, or if both Belgium and Luxembourg deposit their instruments of acceptance, approval or ratification, it shall be considered that one of the countries which have the ten largest exports shares has deposited its instrument and the joint exports of both countries will be counted towards the 60 per cent of combined total exports of those ten countries, which is required for entry into force under this provision.

SCHEDULE 2

PART A

Argentina

Australia

Brazil

Canada

Chile

Colombia

Costa Rica

Iceland

Israel

Japan

Republic of Korea

Latvia

Mexico

New Zealand

Norway

Peru

Russian Federation

South Africa

Switzerland

Turkey

United States of America

PART B

Declarations made by States Parties with respect to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

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

Costa Rica

“Article 2 – In relation to paragraph 10 of the Convention against Bribery of Foreign Public Officials in International Business Transactions, the interpretation of the Republic of Costa Rica is that it is understood that extradition will not be applicable to Costa Rican nationals who are in our territory”.

United States

“Extradition -- The United States shall not consider this Convention as the legal basis for extradition to any country with which the United States has no bilateral extradition treaty in force. In such cases where the United States does have a bilateral extradition treaty in force, that treaty shall serve as the legal basis for extradition for offenses covered under this Convention.”

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 1997 Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The Convention was ratified by the State on 22 September 2003. 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 declarations, or parts thereof, made by certain states parties which relate to extradition under the Convention.

3. Each Party shall take any measures necessary to assure either that it can extradite its nationals or that it can prosecute its nationals for the offence of bribery of a foreign public official. A Party which declines a request to extradite a person for bribery of a foreign public official solely on the ground that the person is its national shall submit the case to its competent authorities for the purpose of prosecution.

4. Extradition for bribery of a foreign public official is subject to the conditions set out in the domestic law and applicable treaties and arrangements of each Party. Where a Party makes extradition conditional upon the existence of dual criminality, that condition shall be deemed to be fulfilled if the offence for which extradition is sought is within the scope of Article 1 of this Convention.

Article 11

Responsible Authorities

For the purposes of Article 4, paragraph 3, on consultation, Article 9, on mutual legal assistance and Article 10, on extradition, each Party shall notify to the Secretary-General of the OECD an authority or authorities responsible for making and receiving requests, which shall serve as channel of communication for these matters for that Party, without prejudice to other arrangements between Parties.

Article 12

Monitoring and Follow-up

The Parties shall co-operate in carrying out a programme of systematic follow-up to monitor and promote the full implementation of this Convention. Unless otherwise decided by consensus of the Parties, this shall be done in the framework of the OECD Working Group on Bribery in International Business Transactions and according to its terms of reference, or within the framework and terms of reference of any successor to its functions, and Parties shall bear the costs of the programme in accordance with the rules applicable to that body.

Article 13

Signature and Accession

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd August,

2019.

WHEREAS, by the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the terms of which are set out in Schedule 1 to the following Order) done at Paris on 17 December 1997 (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 the offences specified therein;

AND WHEREAS the Convention was ratified on behalf of the State on 22 September 2003;

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 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