S.I. No. 387/2019 - Extradition (Criminal Law Convention on Corruption) Order 2019

1. Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

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

The Ministry of Justice and the Police

P.O. Box 8005 Dep.

0030 Oslo - NORWAY”

Republic of Moldova

“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.”

Russian Federation

Declaration contained in a Note verbale from the Permanent Representation of Russia, dated 2 January 2009, registered at the Secretariat General on 5 January 2009

“In accordance with Article 29 of the Convention, the Russian Federation designates as central authorities

For civil law issues including civil law aspects of criminal cases: the Ministry of Justice of the Russian Federation.

For other issues of international co-operation: the Prosecutor General’s Office of the Russian Federation.”

San Marino

Declaration contained in a letter from the Permanent Representative of San Marino, dated 20 October 2016, registered at the Secretariat General on 24 October 2016

In accordance with Article 29 of the Convention, the central authorities for the Republic of San Marino is

Segreteria di Stato Affari Esteri

Palazzo Begni

Contrada Omerelli

47890 San Marino

Repubblica di San Marino

Serbia

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, and updated by a letter from the Permanent Representative of Serbia, dated 20 July 2006, registered at the Secretariat General on 20 July 2006

“In accordance with Article 29 of the Convention, the following institutions have been designated as central authorities of Serbia 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

The aforementioned Ministry of Justice is the only central authority in Serbia responsible for requests made with respect to the matter of extradition, dealt with in Article 27 of the Convention.”

Switzerland

Declaration contained in the instrument of ratification deposited on 31 March 2006

“The central authority designated by Switzerland pursuant to Article 29 is the “Office fédéral de la justice, CH-3003 Berne”.”

Ukraine

Declaration contained in the instrument of ratification deposited on 27 November 2009

“Ukraine declares that the central authorities which are authorised pursuant to Article 29, paragraph 1, of the Convention, shall be the Ministry of Justice of Ukraine (concerning requests of courts) and the General Prosecutor’s Office of Ukraine (concerning requests of pre-trial investigations authorities).

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Ukraine, dated 12 October 2015, transmitted by a Note verbale from the Permanent Representation of Ukraine, dated 13 October 2015, registered at the Secretariat General on 16 October 2015

“[…]

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.”

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 3 to the Order in respect of offences under the 1999 Criminal Law Convention on Corruption. The Convention was ratified by the State on 3 October 2003. The countries listed in Part A of Schedule 3 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 3 lists the reservations and declarations, or parts thereof, made by certain states parties which relate to extradition under the Convention.

3. The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDPC and, following consultation of the non-member States Parties to this Convention, may adopt the amendment.

4. The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance.

5. Any amendment adopted in accordance with paragraph 3 of this article shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.

Article 40

Settlement of disputes

6. Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this chapter are to be addressed to its central authority.

Article 31

Information

The requested Party shall promptly inform the requesting Party of the action taken on a request under this chapter and the final result of that action. The requested Party shall also promptly inform the requesting Party of any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly.

Chapter V — Final provisions

Article 32

Signature and entry into force

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

9

th August,

2019.

WHEREAS, by the Criminal Law Convention on Corruption (the terms of which are set out in Schedule 1 to the following Order) done at Strasbourg on 27 January 1999 (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 3 October 2003, subject to the declaration specified in Schedule 2 to the following Order;

AND WHEREAS the Convention has also been ratified, or acceded to, by the countries specified in Part A of Schedule 3 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