S.I. No. 396/2019 - Extradition (United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances) Order 2019

1. (a) it is an offence against a law of the requesting country punishable by death or imprisonment for not less than 12 months or the imposition of a fine of more than $5,000; and

(b) the conduct that constitutes an offence (however described) in the Cook Islands punishable by death or imprisonment for not less than 12 months or the imposition of a fine of more than $5,000.

2. In determining whether conduct constitutes an offence, regard may be had to only some of the acts and omissions that make up the conduct.

3. In determining the maximum penalty for an offence for which no statutory penalty is imposed, regard must be had to the level of penalty that can be imposed by any court in the requesting country for the offence.

4. An offence may be an extradition offence although

(a) it is an offence against a law of the requesting country relating to taxation, customs duties or other revenue matters, or relating to foreign exchange controls; and

(b) the Cook Islands does not impose a duty, tax, impost or control of that kind.

[…]”

Cuba

23 July 2014

“Article 6

Lic. Claudio Inocente Ramos Borrego

Director de Relaciones Internacionales

Ministerio de Justicia

Calle O, No. 216, entre las calles 23 y 25, Vedado,

Plaza de la Revolución

La Habana, Cuba

Telephone: (537) 838 3448

(537) 838 3450 to 56 ext. 347

Email: dri@oc.minjus.cu

Language: Spanish

Office hours: 8:00-17:00

GMT: -5

Request by INTERPOL: No

Documents required for Request

Information on the issuing body, file number or criminal case number, offences committed, persons accused of the offence, description of the acts committed, investigation order, list of the criminal law provisions that criminalize the offences committed, name and function of the official submitting the request.

Formats and channels accepted

Rogatory Comission, Ministry of Foreign Affairs, Ministry of Justice.

Specific procedure in urgent cases

This does not exist; there is only a procedure for regular cases.

[…]”

Holy See

“[…]

The Holy See declares that articles 6.6 and 7.15 of the Convention shall be interpreted in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, of 1 October 2008).

[…]

Iceland

1 March 2012

“... the Government of Iceland notified its designation of authority under the provisions of articles 6, 7 and 17 of the above Convention, as follows

Ministry of the Interior

Sölvhólsgötu 7

150 Reykjavík

Iceland

Phone: (354) 545-9000

Fax: (354) 552-7340

Email: postur@irr.is

Languages: English, Icelandic

Office hours: 08:30-16:00

GMT: 0

Request by INTERPOL: No.”

Iran (Islamic Republic of)

“The Government of the Islamic Republic of Iran wishes to express reservation to article 6, paragraph 3, of the Convention, since this provision is incompatible with our domestic law.

[…]”

Liechtenstein

29 March 2012

Name of Authority: Ministry of Justice

Full postal address: Haus Risch

Äulestrasse 51

Postfach 684

FL-9490 Vaduz

Name of service to be contacted: Ministry of Justice

Name of person to be contacted: Mr. Harald Oberdorfer

Telephone: 00423/236-6590

Fax: 00423/236-7581

Email: harald.oberdorfer@regierung.li

Office Hours: 08:30 to 16:30

Lunch breaks: from 11:30 to 13:00

GMT: +/- 1

Languages: English, German

Acceptance of requests through INTERPOL: Yes

Information needed for requests to be executed: Letter rogatory (criminal proceedings pending, summary of facts, requested assistance, legal provisions)

Formats and channels accepted: Fax and transmission through Interpol accepted.

22 October 2013

Mag. Harald Oberdorfer

Legal Officer

Office of Justice

Judicial Affairs Division

P.O. Box 684

9490 Vaduz

Principality of Liechtenstein

Phone: +423 236 65 90

Fax: +423 236 75 81

E-Mail: harald.oberdorfer@llv.li

Languages: German, English

Office hours: 08:00-11:30, 13:30-17:00

GMT: +1

Request by Interpol: yes

Nicaragua

31 July 2006

“... the Government of the Republic of Nicaragua has designated the Attorney General of the Republic as the Central Authority in charge of fulfilling that which is stipulated in the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988.”

Peru

4 June 2014

Notification under articles 6, 7 and 17

Authority

Javier Moscoso Flores

Director General of the Dirección General de Capitanías y Guardacostas, Peru

Email: jorge.moscoso@dicapi.mil.pe.

Philippines

16 January 2015

The Philippine Drug Enforcement Agency would like to request to amend its point of contacts as follows

Name of the authority: UNDERSECRETARY ARTURO G. CACDAC JR, CESE

Director General

Philippine Drug Enforcement Agency

Postal Address: NIA Northside Road, Barangay Pinyahan

Quezon City

Philippines 1111

Telephone: (+63)29209916

Email: pdeaodg@yahoo.com

Languages: English and Filipino

Office hours: 0800-1700

GMT: +8

Name of the authority: ATTY GIL T. PABILONA

Director

Legal and Prosecution Service

Philippine Drug Enforcement Agency

Postal Address: NIA Northside Road, Barangay Pinyahan

Quezon City

Philippines 1111

Telephone: (+63)29203395

Email: giltpabilona@yahoo.com

Languages: English

Name of the authority: DERRICK ARNOLD C. CARREON, CESE

Director

International Cooperation and Foreign Affairs Service

Philippine Drug Enforcement Agency

Postal Address: NIA Northside Road, Barangay Pinyahan

Quezon City

Philippines 1111

Telephone: (63)29200105

Email: icfaspdea@gmail.com.

Serbia

20 April 2009

“The Permanent Mission of the Republic of Serbia ... has the honour to notify of the Serbian competent authorities for the implementation of the Article 6 (Extradition) and 7 (Mutual Legal Assistance) of the Convention.

The requests shall be addressed to

Name of Authority: Ministry of Justice of the Republic of Serbia

Full postal address: Ministry of Justice, 22-26 Nemanjina Street, 11000 Belgrade, Republic of Serbia

Name of Service to be contacted: Normative Affairs and International Cooperation Department, Mutual Legal Assistance Sector

Telephone: +381 11 311 14 73; +381 11 311 21 99

Fax: +381 11 311 45 15; +381 11 311 29 09

Office hours: from 08:30 to 16:30

Time zone: GMT 1

Languages English, Russian

In urgent matters the requests may be forwarded through NCB INTERPOL-Belgrade

Contact: INTERPOL BELGRADE

Full postal address: NCB INTERPOL BELGRADE, Terazije 41,

11000 Belgrade, Republic of Serbia

Telephone: +381 11 33 45 254

Fax: +381 11 33 45 822

Office hours: from 08:30 to 16:30

Permanent service: until 22:00 hours

Time zone: GMT 1

Languages: English, French

Acceptance of requests

Through INTERPOL: YES.

[…]”

Singapore

“With respect to article 6 paragraph 3, the Republic of Singapore declares that it shall not consider the Convention as the legal basis for extradition in respect of any offence to which article 6 applies.

[…]”

Thailand

“Notification under Article 6, 7 (8) and 17 (7)

Name of Authority: Attorney General

Full postal address

Office of the Attorney General

Rajaburi Direkriddhi Building

Government Complex Chaeng

Wattana Road

Lak Si

Bangkok 10210 Thailand

Telephone: 662-515-4656

Fax: 662-515-5657

Email: inter@ago.go.th

Office Hours: 08:30 to 16:30

Lunch breaks: 12:00 to 13:00

GMT: + 6

Languages: Thai, English

Acceptance of requests through INTERPOL: No

Formats and channels accepted

[…]

[For extradition:] if the State has and extradition treaty with Thailand, the request shall be transmitted through the Central Authority unless stipulated otherwise. The State having no such treaty shall submit its request through the diplomatic channel.”

Trinidad and Tobago

“(Article 6 on Extradition and Article 7 on Mutual Legal Assistance)

Head, Central Authority Unit

Ministry of the Attorney General

Cabildo Chambers

23-27 St. Vincent Street

Port of Spain

Trinidad and Tobago

Telephone: (868) 625-6579/(868) 623-7010 extension 2622

Facsimile: (868) 627-9171

Electronic mail: centralauthorit@tstt.net.tt

[…]”

United States of America

“[…]

(2) The United States shall not consider this Convention as the legal basis for extradition of citizens to any country with which the United States has no bilateral extradition treaty in force.

[…]”

Venezuela (Bolivarian Republic of)

“1. With respect to article 6: (Extradition)

It is the understanding of the Government of Venezuela that this Convention shall not be considered a legal basis for the extradition of Venezuelan citizens, as provided for in the national legislation in force.

[…]”

Viet Nam

Reservations to article 6 on Extradition, article 32 paragraph 2 and paragraph 3 on Dispute settlement.

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 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The Convention was ratified on behalf of the State on 3 September 1996. 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.

5. Any Party having made a declaration in accordance with paragraph 4 of this article may at any time withdraw the declaration by notification to the Secretary-General.

Article 33

AUTHENTIC TEXTS

The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention are equally authentic.

Article 34

DEPOSITARY

The Secretary-General shall be the depositary of this Convention.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention.

DONE AT VIENNA, in one original, this twentieth day of December one thousand nine hundred and eighty-eight.

Annex

Table I

Table II

Acetic anhydride

Acetone

N-

Acetylanthranilic acid

Anthranilic acid

Ephedrine

Ethyl ether

Ergometrine

Hydrochloric acida

Ergotamine

Methyl ethyl ketone

Isosafrole

Piperidine

Lysergic acid

Sulphuric acida

3,4-Methylenedioxyphenyl-2-propanone Norephedrine

Toluene

4-Anilino-

N

-phenethylpiperidine (ANPP)

N

-Phenethyl-4-piperidone (NPP)

Phenylacetic acid

alpha-

phenylacetoacetonitrile (APAAN)

1-Phenyl-2-propanone

Piperonal

Potassium permanganate

Pseudoephedrine

Safrole

The salts of the substances listed in this Table whenever the existence of such salts is possible.

The salts of the substances listed in this Table whenever the existence of such salts is possible.

SCHEDULE 2

PART A

Afghanistan

Albania

Algeria

Andorra

Angola

Antigua and Barbuda

Argentina

Armenia

Australia

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belarus

Belize

Benin

Bhutan

Bolivia (Plurinational State of)

Bosnia and Herzegovina

Botswana

Brazil

Brunei Darussalam

Burkina Faso

Burundi

Cabo Verde

Cambodia

Cameroon

Canada

Central African Republic

Chad

Chile

China

Colombia

Comoros

Congo

Cook Islands

Costa Rica

Côte d‘Ivoire

Cuba

Democratic People’s Republic of Korea

Democratic Republic of the Congo

Djibouti

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Eritrea

Eswatini

Ethiopia

Fiji

Gabon

Gambia

Georgia

Ghana

Grenada

Guatemala

Guinea

Guinea-Bissau

Guyana

Haiti

Holy See

Honduras

Iceland

India

Indonesia

Iran (Islamic Republic of)

Iraq

Israel

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Kuwait

Kyrgyzstan

Lao People’s Democratic Republic

Lebanon

Lesotho

Liberia

Libya

Liechtenstein

Madagascar

Malawi

Malaysia

Maldives

Mali

Marshall Islands

Mauritania

Mauritius

Mexico

Micronesia (Federated States of)

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Myanmar

Namibia

Nauru

Nepal

New Zealand

Nicaragua

Niger

Nigeria

Niue

Norway

Oman

Pakistan

Palestine

Panama

Paraguay

Peru

Philippines

Qatar

Republic of Korea

Republic of Moldova

Republic of North Macedonia

Russian Federation

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Samoa

San Marino

Sao Tome and Principe

Saudi Arabia

Senegal

Serbia

Seychelles

Sierra Leone

Singapore

South Africa

Sri Lanka

Sudan

Suriname

Switzerland

Syrian Arab Republic

Tajikistan

Thailand

Timor-Leste

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Uganda

Ukraine

United Arab Emirates

United Republic of Tanzania

United States of America

Uruguay

Uzbekistan

Vanuatu

Venezuela (Bolivarian Republic of)

Viet Nam

Yemen

Zambia

Zimbabwe

PART B

Reservations and Declarations made by States Parties with respect to the European Convention on the Suppression of Terrorism

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

Argentina

16 May 2012

Article 6 (Extradition)

Where a treaty exists, the requirements established therein should be met. If there is no treaty governing extradition, the following requirements should be met

When the requested person has been charged

a) A clear description of the offence, with specific information on the date, place and circumstances under which it was committed, and the identity of the victim;

b) The legal characterization of the offence;

c) An explanation of the basis for the competence of the courts of the requesting State to try the case, as well as the reasons for which the limitations period has not expired;

d) Affidavit or certified copy of the court order for the detention of the accused, with an explanation of the grounds on which the person is suspected of taking part in the offence, and the court order for the delivery of the extradition request;

e) The text of the criminal and procedural provisions applicable to the case as they relate to the foregoing paragraphs;

f) All available information for the identification of the requested person, including name, nicknames, nationality, date of birth, marital status, profession or occupation, distinguishing marks, photographs and fingerprints, and any available information on his domicile or whereabouts in Argentine territory.

In the event that the requested person has been convicted, in addition to the foregoing, the following shall be added

g) An affidavit or certified copy of the court decision of conviction;

h) Certification that the decision is not rendered in absentia and is final. If the judgment is rendered in absentia, assurances must be given that the case will be reopened so that the convicted person may be heard and allowed to exercise the right of defence, and that a new judgment will be issued accordingly;

i) Information on the length of the sentence remaining to be served;

j) An explanation of the reasons for which the sentence has not been completed.

Articles 7 (8) and 17 (7) central authority

Ministerio de Relaciones Exteriores y Culto

Dirección de Asistencia Jurídica Internacional

Esmeralda 1212, piso 4

C1007ABR-Buenos Aires

Argentina

Phone: (54) 11 4819-7000/7385

Fax: (54) 11 4819-7353

E-mail: dajin@mrecic.gov.ar; cooperacion-penal@mrecic.gov.ar

Languages: Spanish

Office hours: 08.00-20.00

GMT: -3

Request by INTERPOL: yes (only for preventive detention requests prior to extradition)

Documents required for request.

Armenia

26 March 2012

“… updated data of the national competent authorities designated under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

[Articles 6 and 7]

Name of Authority: Police of the Republic of Armenia

Full postal address: str. Nalbandyan 130

Yerevan 0025

Name of service to be contacted: General Department on Combat Against Organized Crime

Name of person to be contacted: Mr. Artur Minasyan

Title: Police Lieutenant-Colonel, Head of Operational Information Unit, Department on Combat against Illicit Drug Trafficking

Telephone: +374 10 587 155

Fax: +374 10 587 155

Email: ttdpr@mail.ru

Office Hours: 09:00 to 18:00

Lunch breaks: from 13:00 to 14:00

GMT: +3

Languages: Russian

Acceptance of requests through Yes

INTERPOL

Formats and channels accepted: Any, for police purposes

Specific procedure in urgent cases: Depends on the case

[…]”

Bahrain

19 March 2014

“(Article 6 on Extradition and Article 17 on Illicit Trafficking by Sea)

Name of the authority: Ministry of the Interior

Full Postal address: General Directorate of Criminal Investigation, Public Security, Director General, P.O. Box 26698, Adliya, Kingdom of Bahrain

Telephone: 00973 17 718888

Facsimile: 00973 17 716085

Office hours: from 07:00 hrs to 14:00 hrs

Time in GMT: GMT+3 (Asia/Bahrain)

Languages: Arabic and English

Acceptance of requests through the Interpol: Yes”

China

30 November 2012

6. The Board’s responsibility under this article shall not apply to the implementation of treaties or agreements entered into between Parties in accordance with the provisions of this Convention.

7. The provisions of this article shall not be applicable to disputes between Parties falling under the provisions of article 32.

Article 23

REPORTS OF THE BOARD

8. A Party which has taken any action in accordance with this article shall promptly inform the flag State concerned of the results of that action.

9. It is the understanding of Colombia that the transfer of proceedings referred to in article 8 of the Convention will take place in such a way as not to impair the constitutional guarantees of the right of defence. Further, Colombia declares with respect to article 6, paragraph 10, of the Convention that, in the execution of foreign sentences, the provisions of article 35, paragraph 2, of its Political Constitution and other legal and constitutional norms must be observed

[…]”

Cook Islands

24 March 2005

“(a) Article 6: Extradition

The Cook Islands Extradition Act 2003 provides for the extradition of persons to and from the Cook Islands.

The objects of the Act are to -

(a) codify the law relating to the extradition of persons from the Cook Islands; and

(b) facilitate the making of requests for extradition by the Cook Islands to other countries, and

(c) enable the Cook Islands to carry out its obligations under extradition treaties.

An offense under the Act is an extradition offence if -

10. Action pursuant to paragraph 4 of this article shall be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.

11. Any action taken in accordance with this article shall take due account of the need not to interfere with or affect the rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea.

Article 18

FREE TRADE ZONES AND FREE PORTS

12. Each Party shall furnish annually to the Board, in the form and manner provided for by it and on forms made available by it, information on

(a) The amount seized of substances in Table I and Table II and, when known, their origin;

(b) Any substance not included in Table I or Table II which is identified as having been used in illicit manufacture of narcotic drugs or psychotropic substances, and which is deemed by the Party to be sufficiently significant to be brought to the attention of the Board;

(c) Methods of diversion and illicit manufacture.

13. The Board shall report annually to the Commission on the implementation of this article and the Commission shall periodically review the adequacy and propriety of Table I and Table II.

14. The provisions of this article shall not apply to pharmaceutical preparations, nor to other preparations containing substances in Table I or Table II that are compounded in such a way that such substances cannot be easily used or recovered by readily applicable means.

Article 13

MATERIALS AND EQUIPMENT

The Parties shall take such measures as they deem appropriate to prevent trade in and the diversion of materials and equipment for illicit production or manufacture of narcotic drugs and psychotropic substances and shall co-operate to this end.

Article 14

MEASURES TO ERADICATE ILLICIT CULTIVATION OF NARCOTIC PLANTS AND TO ELIMINATE ILLICIT DEMAND FOR NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

15. Mutual legal assistance may be refused

(a) If the request is not made in conformity with the provisions of this article;

(b) If the requested Party considers that execution of the request is likely to prejudice its sovereignty, security,

ordre public

or other essential interests;

(c) If the authorities of the requested Party would be prohibited by its domestic law from carrying out the action requested with regard to any similar offence, had it been subject to investigation, prosecution or proceedings under their own jurisdiction;

(d) If it would be contrary to the legal system of the requested Party relating to mutual legal assistance for the request to be granted.

16. Reasons shall be given for any refusal of mutual legal assistance.

17. Mutual legal assistance may be postponed by the requested Party on the ground that it interferes with an ongoing investigation, prosecution or proceeding. In such a case, the requested Party shall consult with the requesting Party to determine if the assistance can still be given subject to such terms and conditions as the requested Party deems necessary.

18. A witness, expert or other person who consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting Party, shall not be prosecuted, detained, punished or subjected to any other restriction of his personal liberty in that territory in respect of acts, omissions or convictions prior to his departure from the territory of the requested Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days, or for any period agreed upon by the Parties, from the date on which he has been officially informed that his presence is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory or, having left it, has returned of his own free will.

19. The ordinary costs of executing a request shall be borne by the requested Party, unless otherwise agreed by the Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the Parties shall consult to determine the terms and conditions under which the request will be executed as well as the manner in which the costs shall be borne.

20. The Parties shall consider, as may be necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give practical effect to, or enhance the provisions of this article.

Article 8

TRANSFER OF PROCEEDINGS

The Parties shall give consideration to the possibility of transferring to one another proceedings for criminal prosecution of offences established in accordance with article 3, paragraph 1, in cases where such transfer is considered to be in the interests of a proper administration of justice.

Article 9

OTHER FORMS OF CO-OPERATION AND TRAINING

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

9

th August,

2019.

WHEREAS, by the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the terms of which are set out in Schedule 1 to the following Order) done at Vienna on 20 December 1988 (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 September 1996;

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