United Nations Convention against Cybercrime;
Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes
Offences established in accordance with other United Nations conventions and protocols
1In giving effect to other applicable United Nations conventions and protocols to which they are Parties, States Parties shall ensure that criminal offences established in accordance with such conventions and protocols are also considered criminal offences under domestic law when committed through the use of information and communications technology systems.
2Nothing in this article shall be interpreted as establishing criminal offences in accordance with this Convention.
Protection of sovereignty
1States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.
2Nothing in this Convention shall entitle a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law.
1States Parties shall ensure that the implementation of their obligations under this Convention is consistent with their obligations under international human rights law.
2Nothing in this Convention shall be interpreted as permitting suppression of human rights or fundamental freedoms, including the rights related to the freedoms of expression, conscience, opinion, religion or belief, peaceful assembly and association, in accordance and in a manner consistent with applicable international human rights law.
1Each State Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence under its domestic law, when committed intentionally, the access to the whole or any part of an information and communications technology system without right.
2A State Party may require that the offence be committed by infringing security measures, with the intent of obtaining electronic data or other dishonest or criminal intent or in relation to an information and communications technology system that is connected to another information and communications technology system.
1Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the interception, made by technical means, of non-public transmissions of electronic data to, from or within an information and communications technology system, including electromagnetic emissions from an information and communications technology system carrying such electronic data.
2A State Party may require that the offence be committed with dishonest or criminal intent, or in relation to an information and communications technology system that is connected to another information and communications technology system.
Interference with electronic data
1Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the damaging, deletion, deterioration, alteration or suppression of electronic data.
2A State Party may require that the conduct described in paragraph 1 of this article result in serious harm.
Interference with an information and communications technology system
1Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right:
aThe obtaining, production, sale, procurement for use, import, distribution or otherwise making available of:
iA device, including a program, designed or adapted primarily for the purpose of committing any of the offences established in accordance with articles 7 to 10 of this Convention; or
iiA password, access credentials, electronic signature or similar data by which the whole or any part of an information and communications technology system is capable of being accessed;
2This article shall not be interpreted as imposing criminal liability where the obtaining, production, sale, procurement for use, import, distribution or otherwise making available, or the possession referred to in paragraph 1 of this article is not for the purpose of committing an offence established in accordance with articles 7 to 10 of this Convention, such as for the authorized testing or protection of an information and communications technology system.
3Each State Party may reserve the right not to apply paragraph 1 of this article, provided that the reservation does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 (a) (ii) of this article.
Information and communications technology system-related forgery
1Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the input, alteration, deletion or suppression of electronic data resulting in inauthentic data with the intent that they be considered or acted upon for legal purposes as if they were authentic, regardless of whether or not the data are directly readable and intelligible.
2A State Party may require an intent to defraud, or a similar dishonest or criminal intent, before criminal liability attaches.
Information and communications technology system-related theft or fraud
Offences related to online child sexual abuse or child sexual exploitation material
1Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct:
aProducing, offering, selling, distributing, transmitting, broadcasting, displaying, publishing or otherwise making available child sexual abuse or child sexual exploitation material through an information and communications technology system;
bSoliciting, procuring or accessing child sexual abuse or child sexual exploitation material through an information and communications technology system;
cPossessing or controlling child sexual abuse or child sexual exploitation material stored in an information and communications technology system or another storage medium;
dFinancing the offences established in accordance with subparagraphs (a) to (c) of this paragraph, which States Parties may establish as a separate offence.
2For the purposes of this article, the term “child sexual abuse or child sexual exploitation material” shall include visual material, and may include written or audio content, that depicts, describes or represents any person under 18 years of age:
aEngaging in real or simulated sexual activity;
bIn the presence of a person engaging in any sexual activity;
cWhose sexual parts are displayed for primarily sexual purposes; or
dSubjected to torture or cruel, inhumane or degrading treatment or punishment and such material is sexual in nature.
3A State Party may require that the material identified in paragraph 2 of this article be limited to material that:
aDepicts, describes or represents an existing person; or
bVisually depicts child sexual abuse or child sexual exploitation.
4In accordance with their domestic law and consistent with applicable international obligations, States Parties may take steps to exclude the criminalization of:
aConduct by children for self-generated material depicting them; or
bThe consensual production, transmission, or possession of material described in paragraph 2 (a) to (c) of this article, where the underlying conduct depicted is legal as determined by domestic law, and where such material is maintained exclusively for the private and consensual use of the persons involved.
5Nothing in this Convention shall affect any international obligations which are more conducive to the realization of the rights of the child.
Solicitation or grooming for the purpose of committing a sexual offence against a child
1Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the act of intentionally communicating, soliciting, grooming, or making any arrangement through an information and communications technology system for the purpose of committing a sexual offence against a child, as defined in domestic law, including for the commission of any of the offences established in accordance with article 14 of this Convention.
2A State Party may require an act in furtherance of the conduct described in paragraph 1 of this article.
3A State Party may consider extending criminalization in accordance with paragraph 1 of this article in relation to a person believed to be a child.
4States Parties may take steps to exclude the criminalization of conduct as described in paragraph 1 of this article when committed by children.
Non-consensual dissemination of intimate images
1Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the selling, distributing, transmitting, publishing or otherwise making available of an intimate image of a person by means of an information and communications technology system, without the consent of the person depicted in the image.
2For the purpose of paragraph 1 of this article, “intimate image” shall mean a visual recording of a person over the age of 18 years made by any means, including a photograph or video recording, that is sexual in nature, in which the person’s sexual parts are exposed or the person is engaged in sexual activity, which was private at the time of the recording, and in respect of which the person or persons depicted maintained a reasonable expectation of privacy at the time of the offence.
3A State Party may extend the definition of intimate images, as appropriate, to depictions of persons who are under the age of 18 years if they are of legal age to engage in sexual activity under domestic law and the image does not depict child abuse or exploitation.
4For the purposes of this article, a person who is under the age of 18 years and depicted in an intimate image cannot consent to the dissemination of an intimate image that constitutes child sexual abuse or child sexual exploitation material under article 14 of this Convention.
5A State Party may require the intent to cause harm before criminal liability attaches.
6States Parties may take other measures concerning matters related to this article, in accordance with their domestic law and consistent with applicable international obligations.
Laundering of proceeds of crime
1Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:
a(i) The conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of that person’s actions;
iiThe concealment or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property, knowing that such property is the proceeds of crime;
bSubject to the basic concepts of its legal system:
iThe acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceeds of crime;
iiParticipation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.
2For purposes of implementing or applying paragraph 1 of this article:
aEach State Party shall establish as predicate offences relevant offences established in accordance with articles 7 to 16 of this Convention;
bIn the case of States Parties whose legislation sets out a list of specific predicate offences, they shall, at a minimum, include in that list a comprehensive range of offences established in accordance with articles 7 to 16 of this Convention;
cFor the purposes of subparagraph (b) of this paragraph, predicate offences shall include offences committed both within and outside the jurisdiction of the State Party in question. However, offences committed outside the jurisdiction of a State Party shall constitute predicate offences only when the relevant conduct is a criminal offence under the domestic law of the State where it is committed and would be a criminal offence under the domestic law of the State Party implementing or applying this article, had it been committed there;
dEach State Party shall furnish copies of its laws that give effect to this article and of any subsequent changes to such laws or a description thereof to the Secretary-General of the United Nations;
eIf required by fundamental principles of the domestic law of a State Party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who committed the predicate offence;
fKnowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this article may be inferred from objective factual circumstances.
Liability of legal persons
1Each State Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for participation in the offences established in accordance with this Convention.
2Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.
3Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences.
4Each State Party shall, in particular, ensure that legal persons held liable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.
Participation and attempt
1Each State Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, when committed intentionally, the participation in any capacity, such as that of an accomplice, assistant or instigator, in an offence established in accordance with this Convention.
2Each State Party may adopt the necessary legislative and other measures to establish as a criminal offence, in accordance with its domestic law, when committed intentionally, any attempt to commit an offence established in accordance with this Convention.
3Each State Party may adopt the necessary legislative and other measures to establish as a criminal offence, in accordance with its domestic law, when committed intentionally, the preparation for an offence established in accordance with this Convention.
Prosecution, adjudication and sanctions
1Each State Party shall make the commission of an offence established in accordance with this Convention liable to effective, proportionate and dissuasive sanctions that take into account the gravity of the offence.
2Each State Party may adopt, in accordance with its domestic law, such legislative and other measures as may be necessary to establish aggravating circumstances in relation to the offences established in accordance with this Convention, including circumstances that affect critical information infrastructures.
3Each State Party shall endeavour to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences established in accordance with this Convention are exercised in order to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences.
4Each State Party shall ensure that any person prosecuted for offences established in accordance with this Convention enjoys all rights and guarantees in conformity with domestic law and consistent with the applicable international obligations of the State Party, including the right to a fair trial and the rights of the defence.
5In the case of offences established in accordance with this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to seek to ensure that conditions imposed in connection with decisions on release pending trial or appeal take into consideration the need to ensure the presence of the defendant at subsequent criminal proceedings.
6Each State Party shall take into account the gravity of the offences concerned when considering the eventuality of early release or parole of persons convicted of such offences.
7States Parties shall ensure that appropriate measures are in place under domestic law to protect children who are accused of offences established in accordance with this Convention, consistent with the obligations under the Convention on the Rights of the Child and the applicable Protocols thereto, as well as other applicable international or regional instruments.
8Nothing contained in this Convention shall affect the principle that the description of the offences established in accordance with this Convention and of the applicable legal defences or other legal principles controlling the lawfulness of conduct is reserved to the domestic law of a State Party and that such offences shall be prosecuted and punished in accordance with that law.
1Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when:
aThe offence is committed in the territory of that State Party; or
bThe offence is committed on board a vessel that is flying the flag of that State Party or an aircraft that is registered under the laws of that State Party at the time when the offence is committed.
2Subject to article 5 of this Convention, a State Party may also establish its jurisdiction over any such offence when:
aThe offence is committed against a national of that State Party; or
bThe offence is committed by a national of that State Party or a stateless person with habitual residence in its territory; or
cThe offence is one of those established in accordance with article 17, paragraph 1 (b) (ii), of this Convention and is committed outside its territory with a view to the commission of an offence established in accordance with article 17, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory; or
dThe offence is committed against the State Party.
3For the purposes of article 37, paragraph 11, of this Convention, each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that the person is one of its nationals.
4Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite the person.
5If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that any other States Parties are conducting an investigation, prosecution or judicial proceeding in respect of the same conduct, the competent authorities of those States Parties shall, as appropriate, consult one another with a view to coordinating their actions.
6Without prejudice to norms of general international law, this Convention shall not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.
Procedural measures and law enforcement
Scope of procedural measures
1Each State Party shall adopt such legislative and other measures as may be necessary to establish the powers and procedures provided for in this chapter for the purpose of specific criminal investigations or proceedings.
2Except as provided otherwise in this Convention, each State Party shall apply the powers and procedures referred to in paragraph 1 of this article to:
aThe criminal offences established in accordance with this Convention;
bOther criminal offences committed by means of an information and communications technology system; and
cThe collection of evidence in electronic form of any criminal offence.
3(a) Each State Party may reserve the right to apply the measures referred to in article 29 of this Convention only to offences or categories of offences specified in the reservation, provided that the range of such offences or categories of offences is not more restricted than the range of offences to which it applies the measures referred to in article 30 of this Convention. Each State Party shall consider restricting such a reservation to enable the broadest application of the measures referred to in article 29;
bWhere a State Party, owing to limitations in its legislation in force at the time of the adoption of this Convention, is not able to apply the measures referred to in articles 29 and 30 of this Convention to communications being transmitted within an information and communications technology system of a service provider which:
iIs being operated for the benefit of a closed group of users; and
iiDoes not employ public communications networks and is not connected with another information and communications technology system, whether public or private;
Conditions and safeguards
1Each State Party shall ensure that the establishment, implementation and application of the powers and procedures provided for in this chapter are subject to conditions and safeguards provided for under its domestic law, which shall provide for the protection of human rights, in accordance with its obligations under international human rights law, and which shall incorporate the principle of proportionality.
2In accordance with and pursuant to the domestic law of each State Party, such conditions and safeguards shall, as appropriate in view of the nature of the procedure or power concerned, include, inter alia, judicial or other independent review, the right to an effective remedy, grounds justifying application, and limitation of the scope and the duration of such power or procedure.
3To the extent that it is consistent with the public interest, in particular the proper administration of justice, each State Party shall consider the impact of the powers and procedures in this chapter upon the rights, responsibilities and legitimate interests of third parties.
4The conditions and safeguards established in accordance with this article shall apply at the domestic level to the powers and procedures set forth in this chapter, both for the purpose of domestic criminal investigations and proceedings and for the purpose of rendering international cooperation by the requested State Party.
5References to judicial or other independent review in paragraph 2 of this article are references to such review at the domestic level.
Expedited preservation of stored electronic data
1Each State Party shall adopt such legislative and other measures as may be necessary to enable its competent authorities to order or similarly obtain the expeditious preservation of specified electronic data, including traffic data, content data and subscriber information, that have been stored by means of an information and communications technology system, in particular where there are grounds to believe that the electronic data are particularly vulnerable to loss or modification.
2Where a State Party gives effect to paragraph 1 of this article by means of an order to a person to preserve specified stored electronic data in the person’s possession or control, the State Party shall adopt such legislative and other measures as may be necessary to oblige that person to preserve and maintain the integrity of those electronic data for a period of time as long as necessary, up to a maximum of 90 days, to enable the competent authorities to seek their disclosure. A State Party may provide for such an order to be subsequently renewed.
3Each State Party shall adopt such legislative and other measures as may be necessary to oblige the custodian or other person who is to preserve the electronic data to keep confidential the undertaking of such procedures for the period of time provided for in its domestic legislation.
Expedited preservation and partial disclosure of traffic data
Search and seizure of stored electronic data
1Each State Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to search or similarly access:
aAn information and communications technology system, part of it, and electronic data stored therein; and
bAn electronic data storage medium in which the electronic data sought may be stored;
2Each State Party shall adopt such legislative and other measures as may be necessary to ensure that, where its authorities search or similarly access a specific information and communications technology system or part of it, pursuant to paragraph 1 (a) of this article, and have grounds to believe that the electronic data sought are stored in another information and communications technology system or part of it in its territory, and such data are lawfully accessible from or available to the initial system, such authorities shall be able to expeditiously conduct the search to obtain access to that other information and communications technology system.
3Each State Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to seize or similarly secure electronic data in its territory accessed in accordance with paragraph 1 or 2 of this article. These measures shall include the power to:
aSeize or similarly secure an information and communications technology system or part of it, or an electronic data storage medium;
bMake and retain copies of those electronic data in electronic form;
cMaintain the integrity of the relevant stored electronic data;
dRender inaccessible or remove those electronic data in the accessed information and communications technology system.
4Each State Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order any person who has knowledge about the functioning of the information and communications technology system in question, the information and telecommunications network, or their component parts, or measures applied to protect the electronic data therein, to provide, as is reasonable, the necessary information to enable the undertaking of the measures referred to in paragraphs 1 to 3 of this article.
Real-time collection of traffic data
1Each State Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to:
aCollect or record, through the application of technical means in the territory of that State Party; and
bCompel a service provider, within its existing technical capability:
iTo collect or record, through the application of technical means in the territory of that State Party; or
iiTo cooperate and assist the competent authorities in the collection or recording of;
2Where a State Party, owing to the principles of its domestic legal system, cannot adopt the measures referred to in paragraph 1 (a) of this article, it may instead adopt such legislative and other measures as may be necessary to ensure the real-time collection or recording of traffic data associated with specified communications transmitted in its territory, through the application of technical means in that territory.
3Each State Party shall adopt such legislative and other measures as may be necessary to oblige a service provider to keep confidential the fact of the execution of any power provided for in this article and any information relating to it.
Interception of content data
1Each State Party shall adopt such legislative and other measures as may be necessary, in relation to a range of serious criminal offences to be determined by domestic law, to empower its competent authorities to:
aCollect or record, through the application of technical means in the territory of that State Party; and
bCompel a service provider, within its existing technical capability:
iTo collect or record, through the application of technical means in the territory of that State Party; or
iiTo cooperate and assist the competent authorities in the collection or recording of;
2Where a State Party, owing to the principles of its domestic legal system, cannot adopt the measures referred to in paragraph 1 (a) of this article, it may instead adopt such legislative and other measures as may be necessary to ensure the real-time collection or recording of content data on specified communications in its territory, through the application of technical means in that territory.
3Each State Party shall adopt such legislative and other measures as may be necessary to oblige a service provider to keep confidential the fact of the execution of any power provided for in this article and any information relating to it.
Freezing, seizure and confiscation of the proceeds of crime
1Each State Party shall adopt, to the greatest extent possible within its domestic legal system, such measures as may be necessary to enable the confiscation of:
aProceeds of crime derived from offences established in accordance with this Convention or property the value of which corresponds to that of such proceeds;
bProperty, equipment or other instrumentalities used in or destined for use in offences established in accordance with this Convention.
2Each State Party shall adopt such measures as may be necessary to enable the identification, tracing, freezing or seizure of any item referred to in paragraph 1 of this article for the purpose of eventual confiscation.
3Each State Party shall adopt, in accordance with its domestic law, such legislative and other measures as may be necessary to regulate the administration by the competent authorities of frozen, seized or confiscated property covered in paragraphs 1 and 2 of this article.
4If proceeds of crime have been transformed or converted, in part or in full, into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.
5If proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.
6Income or other benefits derived from proceeds of crime, from property into which proceeds of crime have been transformed or converted or from property with which proceeds of crime have been intermingled, shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds of crime.
7For the purposes of this article and article 50 of this Convention, each State Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized. A State Party shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.
8Each State Party may consider the possibility of requiring that an offender demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation, to the extent that such a requirement is consistent with the principles of their domestic law and with the nature of the judicial and other proceedings.
9The provisions of this article shall not be construed as prejudicing the rights of bona fide third parties.
10Nothing contained in this article shall affect the principle that the measures to which it refers shall be defined and implemented in accordance with the provisions of the domestic law of a State Party.
Establishment of criminal record
1Each State Party shall take appropriate measures, in accordance with its domestic law and within its means, to provide effective protection from potential retaliation or intimidation for witnesses who give testimony or, in good faith and on reasonable grounds, provide information concerning offences established in accordance with this Convention or otherwise cooperate with investigative or judicial authorities and, as appropriate, for their relatives and other persons close to them.
2The measures envisaged in paragraph 1 of this article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process:
aEstablishing procedures for the physical protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons;
bProviding evidentiary rules to permit witness testimony to be given in a manner that ensures the safety of the witness, such as permitting testimony to be given through the use of communications technology such as video links or other adequate means.
3States Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article.
4The provisions of this article shall also apply to victims insofar as they are witnesses.
Assistance to and protection of victims
1Each State Party shall take appropriate measures within its means to provide assistance and protection to victims of offences established in accordance with this Convention, in particular in cases of threat of retaliation or intimidation.
2Each State Party shall, subject to its domestic law, establish appropriate procedures to provide access to compensation and restitution for victims of offences established in accordance with this Convention.
3Each State Party shall, subject to its domestic law, enable views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings against offenders in a manner not prejudicial to the rights of the defence.
4With respect to the offences established in accordance with articles 14 to 16 of this Convention, each State Party shall, subject to its domestic law, take measures to provide assistance to victims of such offences, including for their physical and psychological recovery, in cooperation with relevant international organizations, non-governmental organizations, and other elements of civil society.
5In applying the provisions of paragraphs 2 to 4 of this article, each State Party shall take into account the age, gender and the particular circumstances and needs of victims, including the particular circumstances and needs of children.
6Each State Party shall, to the extent consistent with its domestic legal framework, take effective steps to ensure compliance with requests to remove or render inaccessible the content described in articles 14 and 16 of this Convention.
International cooperation
General principles of international cooperation
1States Parties shall cooperate with each other in accordance with the provisions of this Convention, as well as other applicable international instruments on international cooperation in criminal matters, and domestic laws, for the purpose of:
aThe investigation and prosecution of, and judicial proceedings in relation to, the criminal offences established in accordance with this Convention, including the freezing, seizure, confiscation and return of the proceeds from such offences;
bThe collecting, obtaining, preserving and sharing of evidence in electronic form of criminal offences established in accordance with this Convention;
cThe collecting, obtaining, preserving and sharing of evidence in electronic form of any serious crime, including serious crimes established in accordance with other applicable United Nations conventions and protocols in force at the time of the adoption of this Convention.
2For the purpose of the collecting, obtaining, preserving and sharing of evidence in electronic form of offences as provided for in paragraph 1 (b) and (c) of this article, the relevant paragraphs of article 40, and articles 41 to 46 of this Convention shall apply.
3In matters of international cooperation, whenever dual criminality is considered a requirement, it shall be deemed fulfilled irrespective of whether the laws of the requested State Party place the offence within the same category of offence or denominate the offence by the same terminology as the requesting State Party, if the conduct underlying the offence for which assistance is sought is a criminal offence under the laws of both States Parties.
Protection of personal data
1(a) A State Party transferring personal data pursuant to this Convention shall do so in accordance with its domestic law and any obligations the transferring Party may have under applicable international law. States Parties shall not be required to transfer personal data in accordance with this Convention if the data cannot be provided in compliance with their applicable laws concerning the protection of personal data;
bWhere the transfer of personal data would not be compliant with paragraph 1 (a) of this article, States Parties may seek to impose appropriate conditions, in accordance with such applicable laws, to achieve compliance in order to respond to a request for personal data;
cStates Parties are encouraged to establish bilateral or multilateral arrangements to facilitate the transfer of personal data.
2For personal data transferred in accordance with this Convention, States Parties shall ensure that the personal data received are subject to effective and appropriate safeguards in the respective legal frameworks of the States Parties.
3In order to transfer personal data obtained in accordance with this Convention to a third country or an international organization, a State Party shall notify the original transferring State Party of its intention and request its authorization. The State Party shall transfer such personal data only with the authorization of the original transferring State Party, which may require that the authorization be provided in written form.
1This article shall apply to the criminal offences established in accordance with this Convention where the person who is the subject of the request for extradition is present in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party. When the extradition is sought for the purpose of serving a final sentence of imprisonment or another form of detention imposed in respect of an extraditable offence, the requested State Party may grant the extradition in accordance with domestic law.
2Notwithstanding paragraph 1 of this article, a State Party whose law so permits may grant the extradition of a person for any of the criminal offences established in accordance with this Convention that are not punishable under its own domestic law.
3If the request for extradition includes several separate criminal offences, at least one of which is extraditable under this article and some of which are not extraditable by reason of their period of imprisonment but are related to offences established in accordance with this Convention, the requested State Party may apply this article also in respect of those offences.
4Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.
5If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offence to which this article applies.
6States Parties that make extradition conditional on the existence of a treaty shall:
aAt the time of deposit of their instruments of ratification, acceptance or approval of or accession to this Convention, inform the Secretary-General of the United Nations whether they will take this Convention as the legal basis for cooperation in extradition with other States Parties to this Convention; and
bIf they do not take this Convention as the legal basis for cooperation in extradition, seek, where appropriate, to conclude treaties on extradition with other States Parties to this Convention in order to implement this article.
7States Parties that do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between themselves.
8Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.
9States Parties shall, subject to their domestic law, endeavour to expedite extradition procedures and to simplify evidentiary requirements relating thereto in respect of any offence to which this article applies.
10Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the requesting State Party, including when the request is transmitted through existing channels of the International Criminal Police Organization, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure the person’s presence at extradition proceedings.
11A State Party in whose territory an alleged offender is found, if it does not extradite such person in respect of an offence to which this article applies solely on the ground that the person is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decisions and conduct their proceedings in the same manner as in the case of any other offence of a comparable nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.
12Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State Party to serve the sentence imposed as a result of the trial or proceedings for which the extradition or surrender of the person was sought and that State Party and the State Party seeking the extradition of the person agree with this option and other terms that they may deem appropriate, such conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 11 of this article.
13If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is a national of the requested State Party, the requested State Party shall, if its domestic law so permits and in conformity with the requirements of such law, upon application of the requesting State Party, consider the enforcement of the sentence imposed under the domestic law of the requesting State Party or the remainder thereof.
14Any person regarding whom proceedings are being carried out in connection with any of the offences to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the domestic law of the State Party in the territory of which that person is present.
15Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s sex, race, language, religion, nationality, ethnic origin or political opinions, or that compliance with the request would cause prejudice to that person’s position for any one of these reasons.
16States Parties may not refuse a request for extradition on the sole ground that the offence is also considered to involve fiscal matters.
17Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation.
18The requested State Party shall inform the requesting State Party of its decision with regard to the extradition. The requested State Party shall inform the requesting State Party of any reason for refusal of extradition unless the requested State Party is prevented from doing so by its domestic law or its international legal obligations.
19Each State Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary-General of the United Nations the name and address of an authority responsible for making or receiving requests for extradition or provisional arrest. The Secretary-General shall set up and keep updated a register of authorities so designated by the States Parties. Each State Party shall ensure that the details held in the register are correct at all times.
20States Parties shall seek to conclude bilateral and multilateral agreements or arrangements to carry out or to enhance the effectiveness of extradition.
Transfer of sentenced persons
Transfer of criminal proceedings
1States Parties shall consider the possibility of transferring to one another proceedings for the criminal prosecution of an offence established in accordance with this Convention where such a transfer is deemed to be in the interests of the proper administration of justice, particularly in cases where several jurisdictions are involved, with a view to concentrating the prosecution.
2If a State Party that makes the transfer of criminal proceedings conditional on the existence of a treaty receives a request for transfer from another State Party with which it has no treaty in this matter, it may consider this Convention as the legal basis for the transfer of criminal proceedings in respect of any offence to which this article applies.
General principles and procedures relating to mutual legal assistance
1States Parties shall afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences established in accordance with this Convention, and for the purposes of the collection of evidence in electronic form of offences established in accordance with this Convention, as well as of serious crimes.
2Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested State Party with respect to investigations, prosecutions and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 18 of this Convention in the requesting State Party.
3Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes:
aTaking evidence or statements from persons;
bEffecting service of judicial documents;
cExecuting searches and seizures, and freezing;
dSearching or similarly accessing, seizing or similarly securing, and disclosing electronic data stored by means of an information and communications technology system pursuant to article 44 of this Convention;
eCollecting traffic data in real time pursuant to article 45 of this Convention;
fIntercepting content data pursuant to article 46 of this Convention;
gExamining objects and sites;
hProviding information, evidence and expert evaluations;
iProviding originals or certified copies of relevant documents and records, including government, bank, financial, corporate or business records;
jIdentifying or tracing proceeds of crime, property, instrumentalities or other things for evidentiary purposes;
kFacilitating the voluntary appearance of persons in the requesting State Party
lRecovering proceeds of crime;
mAny other type of assistance that is not contrary to the domestic law of the requested State Party.
4Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal matters to a competent authority in another State Party where they believe that such information could assist the authority in undertaking or successfully concluding inquiries and criminal proceedings or could result in a request formulated by the latter State Party pursuant to this Convention.
5The transmission of information pursuant to paragraph 4 of this article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information shall comply with a request that said information remain confidential, even temporarily, or with restrictions on its use. However, this shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person. In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party. If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay.
6The provisions of this article shall not affect obligations under any other treaty, bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal assistance.
7Paragraphs 8 to 31 of this article shall apply to requests made pursuant to this article if the States Parties in question are not bound by a treaty on mutual legal assistance. If those States Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States Parties agree to apply paragraphs 8 to 31 of this article in lieu thereof. States Parties are strongly encouraged to apply the provisions of those paragraphs if they facilitate cooperation.
8States Parties may decline to render assistance pursuant to this article on the ground of absence of dual criminality. However, the requested State Party may, when it deems appropriate, provide assistance, to the extent it decides at its discretion, irrespective of whether the conduct would constitute an offence under the domestic law of the requested State Party. Assistance may be refused when requests involve matters of a de minimis nature or matters for which the cooperation or assistance sought is available under other provisions of this Convention.
9A person who is being detained or is serving a sentence in the territory of one State Party and whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings in relation to offences established in accordance with this Convention may be transferred if the following conditions are met:
aThe person freely gives informed consent;
bThe competent authorities of both States Parties agree, subject to such conditions as those States Parties may deem appropriate.
10For the purposes of paragraph 9 of this article:
aThe State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State Party from which the person was transferred;
bThe State Party to which the person is transferred shall, without delay, implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties;
cThe State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiate extradition proceedings for the return of the person;
dThe person transferred shall receive credit for service of the sentence being served in the State from which the person was transferred for time spent in the custody of the State Party to which the person was transferred.
11Unless the State Party from which a person is to be transferred in accordance with paragraphs 9 and 10 of this article so agrees, that person, regardless of the person’s nationality, shall not be prosecuted, detained, punished or subjected to any other restriction of liberty in the territory of the State to which that person is transferred in respect of acts, omissions or convictions prior to the person’s departure from the territory of the State from which the person was transferred.
12(a) Each State Party shall designate a central authority or authorities that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. Where a State Party has a special region or territory with a separate system of mutual legal assistance, it may designate a distinct central authority that shall have the same function for that region or territory;
bCentral authorities shall ensure the speedy and proper execution or transmission of the requests received. Where the central authority transmits the request to a competent authority for execution, it shall encourage the speedy and proper execution of the request by the competent authority;
cThe Secretary-General of the United Nations shall be notified of the central authority designated for this purpose at the time each State Party deposits its instrument of ratification, acceptance or approval of or accession to this Convention, and shall set up and keep updated a register of central authorities designated by the States Parties. Each State Party shall ensure that the details held in the register are correct at all times;
dRequests for mutual legal assistance and any communication related thereto shall be transmitted to the central authorities designated by the States Parties. This requirement shall be without prejudice to the right of a State Party to require that such requests and communications be addressed to it through diplomatic channels and, in urgent circumstances, where the States Parties agree, through the International Criminal Police Organization, if possible.
13Requests shall be made in writing or, where possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, under conditions allowing that State Party to establish authenticity. The Secretary-General of the United Nations shall be notified of the language or languages acceptable to each State Party at the time it deposits its instrument of ratification, acceptance or approval of or accession to this Convention. In urgent circumstances and where agreed by the States Parties, requests may be made orally, but shall be confirmed in writing forthwith.
14Where not prohibited by their respective laws, central authorities of States Parties are encouraged to transmit and receive requests for mutual legal assistance, and communications related thereto, as well as evidence, in electronic form under conditions allowing the requested State Party to establish authenticity and ensuring the security of communications.
15A request for mutual legal assistance shall contain:
aThe identity of the authority making the request;
bThe subject matter and nature of the investigation, prosecution or judicial proceeding to which the request relates and the name and functions of the authority conducting the investigation, prosecution or judicial proceeding;
cA summary of the relevant facts, except in relation to requests for the purpose of service of judicial documents;
dA description of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed;
eWhere possible and appropriate, the identity, location and nationality of any person concerned, as well as the country of origin, description and location of any item or accounts concerned;
fWhere applicable, the time period for which the evidence, information or other assistance is sought; and
gThe purpose for which the evidence, information or other assistance is sought.
16The requested State Party may request additional information when it appears necessary for the execution of the request in accordance with its domestic law or when it can facilitate such execution.
17A request shall be executed in accordance with the domestic law of the requested State Party and, to the extent not contrary to the domestic law of the requested State Party and where possible, in accordance with the procedures specified in the request.
18Wherever possible and consistent with fundamental principles of domestic law, when an individual is in the territory of a State Party and has to be heard as a witness, victim or expert by the judicial authorities of another State Party, the first State Party may, at the request of the other, permit the hearing to take place by videoconference if it is not possible or desirable for the individual in question to appear in person in the territory of the requesting State Party. States Parties may agree that the hearing shall be conducted by a judicial authority of the requesting State Party and attended by a judicial authority of the requested State Party. If the requested State Party does not have access to the technical means necessary for holding a videoconference, such means may be provided by the requesting State Party, upon mutual agreement.
19The requesting State Party shall not transmit or use information or evidence furnished by the requested State Party for investigations, prosecutions or judicial proceedings other than those stated in the request without the prior consent of the requested State Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing in its proceedings information or evidence that is exculpatory to an accused person. In the latter case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if so requested, consult with the requested State Party. If, in an exceptional case, advance notice is not possible, the requesting State Party shall inform the requested State Party of the disclosure without delay.
20The requesting State Party may require that the requested State Party keep confidential the fact and substance of the request, except to the extent necessary to execute the request. If the requested State Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting State Party.
21Mutual legal assistance may be refused:
aIf the request is not made in conformity with the provisions of this article;
bIf the requested State Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests;
cIf the authorities of the requested State 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 judicial proceedings under their own jurisdiction;
dIf it would be contrary to the legal system of the requested State Party relating to mutual legal assistance for the request to be granted.
22Nothing in this Convention shall be interpreted as imposing an obligation to afford mutual legal assistance if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s sex, race, language, religion, nationality, ethnic origin or political opinions, or that compliance with the request would cause prejudice to that person’s position for any one of these reasons.
23States Parties may not refuse a request for mutual legal assistance on the sole ground that the offence is also considered to involve fiscal matters.
24States Parties shall not decline to render mutual legal assistance pursuant to this article on the ground of bank secrecy.
25Reasons shall be given for any refusal of mutual legal assistance.
26The requested State Party shall execute the request for mutual legal assistance as soon as possible and shall take as full account as possible of any deadlines suggested by the requesting State Party and for which reasons are given, preferably in the request. The requested State Party shall respond to reasonable requests by the requesting State Party on the status, and progress in its handling, of the request. The requesting State Party shall promptly inform the requested State Party when the assistance sought is no longer required.
27Mutual legal assistance may be postponed by the requested State Party on the ground that it interferes with an ongoing investigation, prosecution or judicial proceeding.
28Before refusing a request pursuant to paragraph 21 of this article or postponing its execution pursuant to paragraph 27 of this article, the requested State Party shall consult with the requesting State Party to consider whether assistance may be granted subject to such terms and conditions as it deems necessary. If the requesting State Party accepts assistance subject to those conditions, it shall comply with the conditions.
29Without prejudice to the application of paragraph 11 of this article, a witness, expert or other person who, at the request of the requesting State Party, consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to any other restriction of the person’s liberty in that territory in respect of acts, omissions or convictions prior to the person’s departure from the territory of the requested State Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of 15 consecutive days or for any period agreed upon by the States Parties from the date on which the person has been officially informed that the presence of the person is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory of the requesting State Party or, having left it, has returned of the person’s own free will.
30The ordinary costs of executing a request shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the States 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.
31The requested State Party:
aShall provide to the requesting State Party copies of government records, documents or information in its possession that under its domestic law are available to the general public;
bMay, at its discretion, provide to the requesting State Party, in whole, in part or subject to such conditions as it deems appropriate, copies of any government records, documents or information in its possession that under its domestic law are not available to the general public.
32States 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.
1Each State Party shall designate a point of contact available 24 hours a day, 7 days a week, in order to ensure the provision of immediate assistance for the purpose of specific criminal investigations, prosecutions or judicial proceedings concerning offences established in accordance with this Convention, or for the collection, obtaining and preservation of evidence in electronic form for the purposes of paragraph 3 of this article and in relation to the offences established in accordance with this Convention, as well as to serious crime.
2The Secretary-General of the United Nations shall be notified of such point of contact and keep an updated register of points of contact designated for the purposes of this article and shall annually circulate to the States Parties the updated list of contact points.
3Such assistance shall include facilitating or, if permitted by the domestic law and practice of the requested State Party, directly carrying out the following measures:
aThe provision of technical advice;
bThe preservation of stored electronic data pursuant to articles 42 and 43 of this Convention, including, as appropriate, information about the location of the service provider, if known to the requested State Party, to assist the requesting State Party in making a request;
cThe collection of evidence and the provision of legal information;
dThe locating of suspects; or
eThe provision of electronic data to avert an emergency.
4A State Party’s point of contact shall have the capacity to carry out communications with the point of contact of another State Party on an expedited basis. If the point of contact designated by a State Party is not part of that State Party’s authority or authorities responsible for mutual legal assistance or extradition, the point of contact shall ensure that it is able to coordinate with that authority or those authorities on an expedited basis.
5Each State Party shall ensure that trained and equipped personnel are available to ensure the operation of the 24/7 network.
6States Parties may also use and strengthen existing authorized networks of points of contact, where applicable, and within the limits of their domestic laws, including the 24/7 networks for computer-related crime of the International Criminal Police Organization for prompt police-to-police cooperation and other methods of information exchange cooperation.
International cooperation for the purpose of expedited preservation of stored electronic data
1A State Party may request another State Party to order or otherwise obtain, in accordance with article 25 of this Convention, the expeditious preservation of electronic data stored by means of an information and communications technology system located within the territory of that other State Party, and in respect of which the requesting State Party intends to submit a request for mutual legal assistance in the search or similar access, seizure or similar securing, or disclosure of the electronic data.
2The requesting State Party may use the 24/7 network provided for in article 41 of this Convention to seek information concerning the location of the electronic data stored by means of an information and communications technology system and, as appropriate, information about the location of the service provider.
3A request for preservation made under paragraph 1 of this article shall specify:
aThe authority seeking the preservation;
bThe offence that is the subject of a criminal investigation, prosecution or judicial proceeding and a brief summary of the related facts;
cThe stored electronic data to be preserved and their relationship to the offence;
dAny available information identifying the custodian of the stored electronic data or the location of the information and communications technology system;
eThe necessity of the preservation;
fThat the requesting State Party intends to submit a request for mutual legal assistance in the search or similar access, seizure or similar securing, or disclosure of the stored electronic data;
gAs appropriate, the need to keep the request for preservation confidential and not to notify the user.
4Upon receiving the request from another State Party, the requested State Party shall take all appropriate measures to preserve expeditiously the specified electronic data in accordance with its domestic law. For the purposes of responding to a request, dual criminality shall not be required as a condition for providing such preservation.
5A State Party that requires dual criminality as a condition for responding to a request for mutual legal assistance in the search or similar access, seizure or similar securing, or disclosure of stored electronic data may, in respect of offences other than those established in accordance with this Convention, reserve the right to refuse the request for preservation under this article in cases where it has reasons to believe that, at the time of disclosure, the condition of dual criminality could not be fulfilled.
6In addition, a request for preservation may be refused only on the basis of the grounds contained in article 40, paragraph 21 (b) and (c) and paragraph 22, of this Convention.
7Where the requested State Party believes that preservation will not ensure the future availability of the data or will threaten the confidentiality of or otherwise prejudice the requesting State Party’s investigation, it shall promptly so inform the requesting State Party, which shall then determine whether the request should nevertheless be executed.
8Any preservation effected in response to a request made pursuant to paragraph 1 of this article shall be for a period of not less than 60 days, in order to enable the requesting State Party to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data. Following the receipt of such a request, the data shall continue to be preserved pending a decision on that request.
9Before the expiry of the preservation period in paragraph 8 of this article, the requesting State Party may request an extension of the period of preservation.
International cooperation for the purpose of expedited disclosure of preserved traffic data
1Where, in the course of the execution of a request made pursuant to article 42 of this Convention to preserve traffic data concerning a specific communication, the requested State Party discovers that a service provider in another State Party was involved in the transmission of the communication, the requested State Party shall expeditiously disclose to the requesting State Party a sufficient amount of traffic data to identify that service provider and the path through which the communication was transmitted.
2Disclosure of traffic data under paragraph 1 of this article may be refused only on the basis of the grounds contained in article 40, paragraph 21 (b) and (c) and paragraph 22, of this Convention.
Mutual legal assistance in accessing stored electronic data
1A State Party may request another State Party to search or similarly access, seize or similarly secure, and disclose electronic data stored by means of an information and communications technology system located within the territory of the requested State Party, including electronic data that have been preserved pursuant to article 42 of this Convention.
2The requested State Party shall respond to the request through the application of relevant international instruments and laws referred to in article 35 of this Convention, and in accordance with other relevant provisions of this chapter.
3The request shall be responded to on an expedited basis where:
aThere are grounds to believe that the relevant data are particularly vulnerable to loss or modification; or
bThe instruments and laws referred to in paragraph 2 of this article otherwise provide for expedited cooperation.
Mutual legal assistance in the real-time collection of traffic data
1States Parties shall endeavour to provide mutual legal assistance to each other in the real-time collection of traffic data associated with specified communications in their territory transmitted by means of an information and communications technology system. Subject to the provisions of paragraph 2 of this article, such assistance shall be governed by the conditions and procedures provided for under domestic law.
2Each State Party shall endeavour to provide such assistance at least with respect to criminal offences for which the real-time collection of traffic data would be available in a similar domestic case.
3A request made in accordance with paragraph 1 of this article shall specify:
aThe name of the requesting authority;
bA summary of the main facts and the nature of the investigation, prosecution or judicial proceeding to which the request relates;
cThe electronic data in relation to which the collection of the traffic data is required and their relationship to the offence;
dAny available data that identify the owner or user of the data or the location of the information and communications technology system;
eJustification for the need to collect the traffic data;
fThe period for which traffic data are to be collected and a corresponding justification of its duration.
Mutual legal assistance in the interception of content data
Law enforcement cooperation
1States Parties shall cooperate closely with one another, consistent with their respective domestic legal and administrative systems, to enhance the effectiveness of law enforcement action to combat the offences established in accordance with this Convention. States Parties shall, in particular, take effective measures:
aTo enhance and, where necessary, to establish channels of communication between their competent authorities, agencies and services, taking into account existing channels, including those of the International Criminal Police Organization, in order to facilitate the secure and rapid exchange of information concerning all aspects of the offences established in accordance with this Convention, including, if the States Parties concerned deem it appropriate, links with other criminal activities;
bTo cooperate with other States Parties in conducting inquiries with respect to offences established in accordance with this Convention concerning:
iThe identity, whereabouts and activities of persons suspected of involvement in such offences or the location of other persons concerned;
iiThe movement of proceeds of crime or property derived from the commission of such offences;
iiiThe movement of property, equipment or other instrumentalities used or intended for use in the commission of such offences;
cTo provide, where appropriate, necessary items or data for analytical or investigative purposes;
dTo exchange, where appropriate, information with other States Parties concerning specific means and methods used to commit the offences established in accordance with this Convention, including the use of false identities, forged, altered or false documents and other means of concealing activities, as well as cybercrime tactics, techniques and procedures;
eTo facilitate effective coordination between their competent authorities, agencies and services and to promote the exchange of personnel and other experts, including, subject to bilateral agreements or arrangements between the States Parties concerned, the posting of liaison officers;
fTo exchange information and coordinate administrative and other measures taken, as appropriate, for the purpose of early identification of the offences established in accordance with this Convention.
2With a view to giving effect to this Convention, States Parties shall consider entering into bilateral or multilateral agreements or arrangements on direct cooperation between their law enforcement agencies and, where such agreements or arrangements already exist, amending them. In the absence of such agreements or arrangements between the States Parties concerned, the States Parties may consider this Convention to be the basis for mutual law enforcement cooperation in respect of the offences established in accordance with this Convention. Whenever appropriate, States Parties shall make full use of agreements or arrangements, including international or regional organizations, to enhance the cooperation between their law enforcement agencies.
Mechanisms for the recovery of property through international cooperation in confiscation
1Each State Party, in order to provide mutual legal assistance pursuant to article 50 of this Convention with respect to property acquired through or involved in the commission of an offence established in accordance with this Convention, shall, in accordance with its domestic law:
aTake such measures as may be necessary to permit its competent authorities to give effect to an order of confiscation issued by a court of another State Party;
bTake such measures as may be necessary to permit its competent authorities, where they have jurisdiction, to order the confiscation of such property of foreign origin by adjudication of an offence of money-laundering or such other offence as may be within its jurisdiction or by other procedures authorized under its domestic law; and
cConsider taking such measures as may be necessary to allow confiscation of such property without a criminal conviction in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases.
2Each State Party, in order to provide mutual legal assistance upon a request made pursuant to article 50, paragraph 2, of this Convention, shall, in accordance with its domestic law:
aTake such measures as may be necessary to permit its competent authorities to freeze or seize property upon a freezing or seizure order issued by a court or competent authority of a requesting State Party that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for the purposes of paragraph 1 of this article;
bTake such measures as may be necessary to permit its competent authorities to freeze or seize property upon a request that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for the purposes of paragraph 1 (a) of this article; and
cConsider taking additional measures to permit its competent authorities to preserve property for confiscation, such as on the basis of a foreign arrest or criminal charge related to the acquisition of such property.
International cooperation for the purposes of confiscation
1A State Party that has received a request from another State Party having jurisdiction over an offence established in accordance with this Convention for the confiscation of proceeds of crime, property, equipment or other instrumentalities referred to in article 31, paragraph 1, of this Convention situated in its territory shall, to the greatest extent possible within its domestic legal system:
aSubmit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such an order is granted, give effect to it; or
bSubmit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party in accordance with article 31, paragraph 1, of this Convention insofar as it relates to proceeds of crime, property, equipment or other instrumentalities situated in the territory of the requested State Party.
2Following a request made by another State Party having jurisdiction over an offence established in accordance with this Convention, the requested State Party shall take measures to identify, trace and freeze or seize proceeds of crime, property, equipment or other instrumentalities referred to in article 31, paragraph 1, of this Convention for the purpose of eventual confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the requested State Party.
3The provisions of article 40 of this Convention are applicable, mutatis mutandis, to this article. In addition to the information specified in article 40, paragraph 15, of this Convention, requests made pursuant to this article shall contain:
aIn the case of a request pertaining to paragraph 1 of this article, a description of the property to be confiscated, including, to the extent possible, the location, and where relevant, the estimated value of the property and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law;
bIn the case of a request pertaining to paragraph 1 of this article, a legally admissible copy of an order of confiscation upon which the request is based issued by the requesting State Party, a statement of the facts and information as to the extent to which execution of the order is requested, a statement specifying the measures taken by the requesting State Party to provide adequate notification to bona fide third parties and to ensure due process, and a statement that the confiscation order is final;
cIn the case of a request pertaining to paragraph 2 of this article, a statement of the facts relied upon by the requesting State Party and a description of the actions requested and, where available, a legally admissible copy of an order on which the request is based.
4The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with and subject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may be bound in relation to the requesting State Party.
5Each State Party shall furnish copies of its laws and regulations that give effect to this article and of any subsequent changes to such laws and regulations or a description thereof to the Secretary-General of the United Nations.
6If a State Party elects to make the taking of the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention the necessary and sufficient treaty basis.
7Cooperation under this article may also be refused or provisional measures may be lifted if the requested State Party does not receive sufficient and timely evidence or if the property is of a de minimis value.
8Before lifting any provisional measure taken pursuant to this article, the requested State Party shall, wherever possible, give the requesting State Party an opportunity to present its reasons in favour of continuing the measure.
9The provisions of this article shall not be construed as prejudicing the rights of bona fide third parties.
10States Parties shall consider concluding bilateral or multilateral treaties, agreements or arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this article.
Return and disposal of confiscated proceeds of crime or property
1Proceeds of crime or property confiscated by a State Party pursuant to article 31 or 50 of this Convention shall be disposed of by that State Party in accordance with its domestic law and administrative procedures.
2When acting on a request made by another State Party in accordance with article 50 of this Convention, States Parties shall, to the extent permitted by domestic law and if so requested, give priority consideration to returning the confiscated proceeds of crime or property to the requesting State Party so that it can give compensation to the victims of the crime or return such proceeds of crime or property to their prior legitimate owners.
3When acting on a request made by another State Party in accordance with articles 31 and 50 of this Convention, a State Party may, after due consideration has been given to compensation of victims, give special consideration to concluding agreements or arrangements on:
aContributing the value of such proceeds of crime or property or funds derived from the sale of such proceeds of crime or property or a part thereof to the account designated in accordance with article 56, paragraph 2 (c), of this Convention, and to intergovernmental bodies specializing in the fight against cybercrime;
bSharing with other States Parties, on a regular or case-by-case basis, such proceeds of crime or property, or funds derived from the sale of such proceeds of crime or property, in accordance with its domestic law or administrative procedures.
4Where appropriate, unless States Parties decide otherwise, the requested State Party may deduct reasonable expenses incurred in investigations, prosecutions or judicial proceedings leading to the return or disposition of confiscated property pursuant to this article.
1Each State Party shall endeavour, in accordance with fundamental principles of its legal system, to develop and implement or maintain effective and coordinated policies and best practices to reduce existing or future opportunities for cybercrime through appropriate legislative, administrative or other measures.
2Each State Party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of relevant individuals and entities outside the public sector, such as non-governmental organizations, civil society organizations, academic institutions and private sector entities, as well as the general public, in the relevant aspects of prevention of the offences established in accordance with this Convention.
3Preventive measures may include:
aStrengthening cooperation between law enforcement agencies or prosecutors and relevant individuals and entities outside the public sector, such as non-governmental organizations, civil society organizations, academic institutions and private sector entities for the purpose of addressing relevant aspects of preventing and combating the offences established in accordance with this Convention;
bPromoting public awareness regarding the existence, causes and gravity of the threat posed by the offences established in accordance with this Convention through public information activities, public education, media and information literacy programmes and curricula that promote public participation in preventing and combating such offences;
cBuilding and making efforts to increase the capacity of domestic criminal justice systems, including training and developing expertise among criminal justice practitioners, as part of national prevention strategies against the offences established in accordance with this Convention;
dEncouraging service providers to take effective measures, where feasible in the light of national circumstances and to the extent permitted by domestic law, to strengthen the security of the service providers’ products, services and customers;
eRecognizing the contributions of the legitimate activities of security researchers when intended solely, and to the extent permitted and subject to the conditions prescribed by domestic law, to strengthen and improve the security of service providers’ products, services and customers located within the territory of the State Party;
fDeveloping, facilitating and promoting programmes and activities in order to discourage those at risk of engaging in cybercrime from becoming offenders and to develop their skills in a lawful manner;
gEndeavouring to promote the reintegration into society of persons convicted of offences established in accordance with this Convention;
hDeveloping strategies and policies, in accordance with domestic law, to prevent and eradicate gender-based violence that occurs through the use of an information and communications technology system, as well as taking into consideration the special circumstances and needs of persons in vulnerable situations in developing preventive measures;
iUndertaking specific and tailored efforts to keep children safe online, including through education and training on and raising public awareness of child sexual abuse or child sexual exploitation online and through revising domestic legal frameworks and enhancing international cooperation aimed at its prevention, as well as making efforts to ensure the swift removal of child sexual abuse and child sexual exploitation material;
jEnhancing the transparency of and promoting the contribution of the public to decision-making processes and ensuring that the public has adequate access to information;
kRespecting, promoting and protecting the freedom to seek, receive and impart public information concerning cybercrime;
lDeveloping or strengthening support programmes for victims of the offences established in accordance with this Convention;
mPreventing and detecting transfers of proceeds of crime and property related to the offences established in accordance with this Convention.
4Each State Party shall take appropriate measures to ensure that the relevant competent authority or authorities responsible for preventing and combating cybercrime are known and accessible to the public, where appropriate, for the reporting, including anonymously, of any incident that may be considered a criminal offence established in accordance with this Convention.
5States Parties shall endeavour to periodically evaluate existing relevant national legal frameworks and administrative practices with a view to identifying gaps and vulnerabilities and ensuring their relevance in the face of changing threats posed by the offences established in accordance with this Convention.
6States Parties may collaborate with each other and with relevant international and regional organizations in promoting and developing the measures referred to in this article. This includes participation in international projects aimed at the prevention of cybercrime.
7Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that may assist other States Parties in developing and implementing specific measures to prevent cybercrime.
Technical assistance and information exchange
Technical assistance and capacity-building
1States Parties shall, according to their capacity, consider affording one another the widest measure of technical assistance and capacity-building, including training and other forms of assistance, the mutual exchange of relevant experience and specialized knowledge and the transfer of technology on mutually agreed terms, taking into particular consideration the interests and needs of developing States Parties, with a view to facilitating the prevention, detection, investigation and prosecution of the offences covered by this Convention.
2States Parties shall, to the extent necessary, initiate, develop, implement or improve specific training programmes for their personnel responsible for the prevention, detection, investigation and prosecution of the offences covered by this Convention.
3Activities referred to in paragraphs 1 and 2 of this article may deal, to the extent permitted by domestic law, with the following:
aMethods and techniques used in the prevention, detection, investigation and prosecution of the offences covered by this Convention;
bBuilding capacity in the development and planning of strategic policies and legislation to prevent and combat cybercrime;
cBuilding capacity in the collection, preservation and sharing of evidence, in particular in electronic form, including the maintenance of the chain of custody and forensic analysis;
dModern law enforcement equipment and the use thereof;
eTraining of competent authorities in the preparation of requests for mutual legal assistance and other means of cooperation that meet the requirements of this Convention, especially for the collection, preservation and sharing of evidence in electronic form;
fPrevention, detection and monitoring of the movements of proceeds deriving from the commission of the offences covered by this Convention, property, equipment or other instrumentalities and methods used for the transfer, concealment or disguise of such proceeds, property, equipment or other instrumentalities;
gAppropriate and efficient legal and administrative mechanisms and methods for facilitating the seizure, confiscation and return of proceeds of offences covered by this Convention;
hMethods used in the protection of victims and witnesses who cooperate with judicial authorities;
iTraining in relevant substantive and procedural law, and law enforcement investigation powers, as well as in national and international regulations and in languages.
4States Parties shall, subject to their domestic law, endeavour to leverage the expertise of and cooperate closely with other States Parties and relevant international and regional organizations, non-governmental organizations, civil society organizations, academic institutions and private sector entities, with a view to enhancing the effective implementation of this Convention.
5States Parties shall assist one another in planning and implementing research and training programmes designed to share expertise in the areas referred to in paragraph 3 of this article, and to that end shall also, when appropriate, use regional and international conferences and seminars to promote cooperation and to stimulate discussion on problems of mutual concern.
6States Parties shall consider assisting one another, upon request, in conducting evaluations, studies and research relating to the types, causes and effects of offences covered by this Convention committed in their respective territories, with a view to developing, with the participation of the competent authorities and relevant non-governmental organizations, civil society organizations, academic institutions and private sector entities, strategies and action plans to prevent and combat cybercrime.
7States Parties shall promote training and technical assistance that facilitates timely extradition and mutual legal assistance. Such training and technical assistance may include language training, assistance with the drafting and handling of mutual legal assistance requests, and secondments and exchanges between personnel in central authorities or agencies with relevant responsibilities.
8States Parties shall strengthen, to the extent necessary, efforts to maximize the effectiveness of technical assistance and capacity-building in international and regional organizations and in the framework of relevant bilateral and multilateral agreements or arrangements.
9States Parties shall consider establishing voluntary mechanisms with a view to contributing financially to the efforts of developing countries to implement this Convention through technical assistance programmes and capacity-building projects.
10Each State Party shall endeavour to make voluntary contributions to the United Nations Office on Drugs and Crime for the purpose of fostering, through the Office, programmes and projects with a view to implementing this Convention through technical assistance and capacity-building.
1Each State Party shall consider analysing, as appropriate, in consultation with relevant experts, including from non-governmental organizations, civil society organizations, academic institutions and private sector entities, trends in its territory with respect to offences covered by this Convention, as well as the circumstances in which such offences are committed.
2States Parties shall consider developing and sharing with each other and through international and regional organizations statistics, analytical expertise and information concerning cybercrime, with a view to developing, insofar as possible, common definitions, standards and methodologies, as well as best practices, to prevent and combat such crime.
3Each State Party shall consider monitoring its policies and practical measures to prevent and combat offences covered by this Convention and making assessments of their effectiveness and efficiency.
4States Parties shall consider exchanging information on legal, policy and technological developments related to cybercrime and the collection of evidence in electronic form.
Implementation of the Convention through economic development and technical assistance
1States Parties shall take measures conducive to the optimal implementation of this Convention to the extent possible, through international cooperation, taking into account the negative effects of the offences covered by this Convention on society in general and, in particular, on sustainable development.
2States Parties are strongly encouraged to make concrete efforts, to the extent possible and in coordination with each other, as well as with international and regional organizations:
aTo enhance their cooperation at various levels with other States Parties, in particular developing countries, with a view to strengthening their capacity to prevent and combat the offences covered by this Convention;
bTo enhance financial and material assistance to support the efforts of other States Parties, in particular developing countries, in effectively preventing and combating the offences covered by this Convention and to help them to implement this Convention;
cTo provide technical assistance to other States Parties, in particular developing countries, in support of meeting their needs regarding the implementation of this Convention. To that end, States Parties shall endeavour to make adequate and regular voluntary contributions to an account specifically designated for that purpose in a United Nations funding mechanism;
dTo encourage, as appropriate, non-governmental organizations, civil society organizations, academic institutions and private sector entities, as well as financial institutions, to contribute to the efforts of States Parties, including in accordance with this article, in particular by providing more training programmes and modern equipment to developing countries in order to assist them in achieving the objectives of this Convention;
eTo exchange best practices and information with regard to activities undertaken, with a view to improving transparency, avoiding duplication of effort and making best use of any lessons learned.
3States Parties shall also consider using existing subregional, regional and international programmes, including conferences and seminars, to promote cooperation and technical assistance and to stimulate discussion on problems of mutual concern, including the special problems and needs of developing countries.
4To the extent possible, States Parties shall ensure that resources and efforts are distributed and directed to support the harmonization of standards, skills, capacity, expertise and technical capabilities with the aim of establishing common minimum standards among States Parties to eradicate safe havens for the offences covered by this Convention and strengthen the fight against cybercrime.
5To the extent possible, the measures taken under this article shall be without prejudice to existing foreign assistance commitments or to other financial cooperation arrangements at the bilateral, regional or international levels.
6States Parties may conclude bilateral, regional or multilateral agreements or arrangements on material and logistical assistance, taking into consideration the financial arrangements necessary for the means of international cooperation provided for by this Convention to be effective and for the prevention, detection, investigation and prosecution of the offences covered by this Convention.
Mechanism of implementation
Conference of the States Parties to the Convention
1A Conference of the States Parties to the Convention is hereby established to improve the capacity of and cooperation between States Parties to achieve the objectives set forth in this Convention and to promote and review its implementation.
2The Secretary-General of the United Nations shall convene the Conference of the States Parties not later than one year following the entry into force of this Convention. Thereafter, regular meetings of the Conference shall be held in accordance with the rules of procedure adopted by the Conference.
3The Conference of the States Parties shall adopt rules of procedure and rules governing the activities set forth in this article, including rules concerning the admission and participation of observers, and the payment of expenses incurred in carrying out those activities. Such rules and related activities shall take into account principles such as effectiveness, inclusivity, transparency, efficiency and national ownership.
4In establishing its regular meetings, the Conference of the States Parties shall take into account the time and location of the meetings of other relevant international and regional organizations and mechanisms in similar matters, including their subsidiary treaty bodies, consistent with the principles identified in paragraph 3 of this article.
5The Conference of the States Parties shall agree upon activities, procedures and methods of work to achieve the objectives set forth in paragraph 1 of this article, including:
aFacilitating the effective use and implementation of this Convention, the identification of any problems thereof, as well as the activities carried out by States Parties under this Convention, including encouraging the mobilization of voluntary contributions;
bFacilitating the exchange of information on legal, policy and technological developments pertaining to the offences established in accordance with this Convention and the collection of evidence in electronic form among States Parties and relevant international and regional organizations, as well as non-governmental organizations, civil society organizations, academic institutions and private sector entities, in accordance with domestic law, as well as on patterns and trends in cybercrime and on successful practices for preventing and combating such offences;
cCooperating with relevant international and regional organizations, as well as non-governmental organizations, civil society organizations, academic institutions and private sector entities;
dMaking appropriate use of relevant information produced by other international and regional organizations and mechanisms for preventing and combating the offences established in accordance with this Convention, in order to avoid unnecessary duplication of work;
eReviewing periodically the implementation of this Convention by its States Parties;
fMaking recommendations to improve this Convention and its implementation as well as considering possible supplementation or amendment of the Convention;
gElaborating and adopting supplementary protocols to this Convention on the basis of articles 61 and 62 of this Convention;
hTaking note of the technical assistance and capacity-building requirements of States Parties regarding the implementation of this Convention and recommending any action it may deem necessary in that respect.
6Each State Party shall provide the Conference of the States Parties with information on legislative, administrative and other measures, as well as on its programmes, plans and practices, to implement this Convention, as required by the Conference. The Conference shall examine the most effective way of receiving and acting upon information, including, inter alia, information received from States Parties and from competent international and regional organizations. Inputs received from representatives of relevant non-governmental organizations, civil society organizations, academic institutions and private sector entities, duly accredited in accordance with procedures to be decided upon by the Conference, may also be considered.
7For the purpose of paragraph 5 of this article, the Conference of the States Parties may establish and administer such review mechanisms as it considers necessary.
8Pursuant to paragraphs 5 to 7 of this article, the Conference of the States Parties shall establish, if it deems necessary, any appropriate mechanisms or subsidiary bodies to assist in the effective implementation of the Convention.
1The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the States Parties to the Convention.
aAssist the Conference of the States Parties in carrying out the activities set forth in this Convention and make arrangements and provide the necessary services for the sessions of the Conference as they pertain to this Convention;
bUpon request, assist States Parties in providing information to the Conference of the States Parties, as envisaged in this Convention; and
cEnsure the necessary coordination with the secretariats of relevant international and regional organizations.
Implementation of the Convention
1Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with fundamental principles of its domestic law, to ensure the implementation of its obligations under this Convention.
2Each State Party may adopt more strict or severe measures than those provided for by this Convention for preventing and combating the offences established in accordance with this Convention.
Effects of the Convention
1If two or more States Parties have already concluded an agreement or treaty on the matters dealt with in this Convention or have otherwise established their relations on such matters, or should they in future do so, they shall also be entitled to apply that agreement or treaty or to regulate those relations accordingly.
2Nothing in this Convention shall affect other rights, restrictions, obligations and responsibilities of a State Party under international law.
1This Convention may be supplemented by one or more protocols.
2In order to become a Party to a protocol, a State or a regional economic integration organization must also be a Party to this Convention.
3A State Party to this Convention is not bound by a protocol unless it becomes a Party to the protocol in accordance with the provisions thereof.
4Any protocol to this Convention shall be interpreted together with this Convention, taking into account the purpose of that protocol.
Adoption of supplementary protocols
1At least 60 States Parties shall be required before any supplementary protocol is considered for adoption by the Conference of the States Parties. The Conference shall make every effort to achieve consensus on any supplementary protocol. If all efforts at consensus have been exhausted and no agreement has been reached, the supplementary protocol shall, as a last resort, require for its adoption at least a two-thirds majority vote of the States Parties present and voting at the meeting of the Conference.
2Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.
1States Parties shall endeavour to settle disputes concerning the interpretation or application of this Convention through negotiation or any other peaceful means of their own choice.
2Any dispute between two or more States Parties concerning the interpretation or application of this Convention that cannot be settled through negotiation or other peaceful means within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.
3Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Convention, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.
4Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
Signature, ratification, acceptance, approval and accession
1This Convention shall be open to all States for signature in Hanoi in 2025 and thereafter at United Nations Headquarters in New York until 31 December 2026.
2This Convention shall also be open for signature by regional economic integration organizations, provided that at least one member State of such an organization has signed this Convention in accordance with paragraph 1 of this article.
3This 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. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
4This Convention is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
1This Convention shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that organization.
2For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the fortieth instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date on which this Convention enters into force pursuant to paragraph 1 of this article, whichever is later.
1After the expiry of five years from the entry into force of this Convention, a State Party may propose an amendment and transmit it to the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the States Parties to the Convention for the purpose of considering and deciding on the proposal. The Conference shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties present and voting at the meeting of the Conference.
2Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.
3An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.
4An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party 90 days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
5When an amendment enters into force, it shall be binding on those States Parties that have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Convention and any earlier amendments that they have ratified, accepted or approved.
1A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
2A regional economic integration organization shall cease to be a Party to this Convention when all of its member States have denounced it.
3Denunciation of this Convention in accordance with paragraph 1 of this article shall entail the denunciation of any protocols thereto.
1The Secretary-General of the United Nations is designated depositary of this Convention.
2The 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.
