A/AC.291/L.15

United Nations

General AssemblyDistr.: General
7 August 2024
Original: English

Ad Hoc Committee to Elaborate aComprehensive International Convention
on Countering the Use of Information andCommunications Technologies for
Criminal Purposes
Reconvened concluding session
New York, 29 July–9 August 2024

Draft United Nations convention against cybercrime
Strengthening international cooperation for combating
certain crimes committed by means of information andcommunications technology systems and for the sharing ofevidence in electronic form of serious crimes

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Preamble
The States Parties to the present Convention,
Bearing in mind the purposes and principles of the Charter of the United
Nations, [agreed ad referendum]
Noting that information and communications technologies, while having
enormous potential for the development of societies, create new opportunities for
perpetrators, may contribute to the increase in the rate and diversity of criminal
activities, and may have an adverse impact on States, enterprises and the well-beingof individuals and society as a whole, [agreed ad referendum]
Concerned that the use of information and communications technology systems
can have a considerable impact on the scale, speed and scope of criminal offences,including offences related to terrorism and transnational organized crime, such as
trafficking in persons, the smuggling of migrants, the illicit manufacturing of andtrafficking in firearms, their parts, components and ammunition, drug trafficking andtrafficking in cultural property,
Convinced of the need to pursue, as a matter of priority, a global criminal justicepolicy aimed at the protection of society against cybercrime by, inter alia, adopting
appropriate legislation, establishing common offences and procedural powers andfostering international cooperation to prevent and combat such activities more
effectively at the national, regional and international levels,
Determined to deny safe havens to those who engage in cybercrime byprosecuting these crimes wherever they occur, [agreed ad referendum]
Stressing the need to enhance coordination and cooperation among States by,inter alia, providing technical assistance and capacity-building, including the transfer
of technology on mutually agreed terms, to countries, in particular developing
countries, upon their request, to improve national legislation and frameworks andenhance the capacity of national authorities to deal with cybercrime in all its forms,
including its prevention, detection, investigation and prosecution, and emphasizing inthis context the role that the United Nations plays,
Recognizing the increasing number of victims of cybercrime, the importance ofobtaining justice for those victims and the necessity to address the needs of persons
in vulnerable situations in measures taken to prevent and combat the offences coveredby this Convention, [agreed ad referendum]
Determined to prevent, detect and suppress more effectively internationaltransfers of property obtained as a result of cybercrime and to strengthen international
cooperation in the recovery and return of proceeds of the crimes established inaccordance with this Convention,
Bearing in mind that preventing and combating cybercrime is a responsibility of
all States and that they must cooperate with one another, with the support andinvolvement of relevant international and regional organizations, as well as non governmental organizations, civil society organizations, academic institutions andprivate sector entities, if their efforts in this area are to be effective,
Recognizing the importance of mainstreaming a gender perspective in all
relevant efforts to prevent and combat the offences covered by this Convention, in
accordance with domestic law,
Mindful of the need to achieve law enforcement objectives and to ensure respectfor human rights and fundamental freedoms as enshrined in applicable internationaland regional instruments,
Acknowledging the right to protection against arbitrary or unlawful interferencewith one’s privacy, and the importance of protecting personal data,

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Commending the work of the United Nations Office on Drugs and Crime andother international and regional organizations in preventing and combating
cybercrime, [agreed ad referendum]
Recalling General Assembly resolutions 74/247 of 27 December 2019 and75/282 of 26 May 2021,
Taking into account the existing international and regional conventions andtreaties on cooperation in criminal matters, as well as similar treaties that exist
between Member States of the United Nations, [agreed ad referendum]
Have agreed as follows:

Chapter I
General provisions
Article 1. Statement of purpose
The purposes of this Convention are to:(a) Promote and strengthen measures to prevent and combat cybercrime more
efficiently and effectively; [agreed ad referendum](b) Promote, facilitate and strengthen international cooperation in preventing
and combating cybercrime; and [agreed ad referendum](c) Promote, facilitate and support technical assistance and capacity -building
to prevent and combat cybercrime, in particular for the benefit of developing
countries.
Article 2. Use of terms
For the purposes of this Convention:(a) “Information and communications technology system” shall mean any
device or group of interconnected or related devices, one or more of which, pursuant
to a program, gathers, stores and performs automatic processing of electronic data;[agreed ad referendum](b) “Electronic data” shall mean any representation of facts, information orconcepts in a form suitable for processing in an information and communications
technology system, including a program suitable to cause an information andcommunications technology system to perform a function; [agreed ad referendum](c) “Traffic data” shall mean any electronic data relating to a communication
by means of an information and communications technology system, generated by an
information and communications technology system that formed a part in the chainof communication, indicating the communication’s origin, destination, route, time,date, size, duration or type of underlying service; [agreed ad referendum](d) “Content data” shall mean any electronic data, other than subscriber
information or traffic data, relating to the substance of the data transferred by an
information and communications technology system, including, but not limited to,images, text messages, voice messages, audio recordings and video recordings;[agreed ad referendum](e)“Service provider” shall mean any public or private entity that:(i) Provides to users of its service the ability to communicate by means of an
information and communications technology system; or(ii) Processes or stores electronic data on behalf of such a communications
service or users of such a service;

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A/AC.291/L.15(f) “Subscriber information” shall mean any information that is held by aservice provider, relating to subscribers of its services other than traffic or content
data and by which can be established:(i) The type of communications service used, the technical provisions related
thereto and the period of service;(ii) The subscriber’s identity, postal or geographical address, telephone orother access number, billing or payment information, available on the basis of
the service agreement or arrangement;(iii) Any other information on the site of the installation of communications
equipment, available on the basis of the service agreement or arrangement;[agreed ad referendum](g) “Personal data” shall mean any information relating to an identified or
identifiable natural person; [agreed ad referendum](h) “Serious crime” shall mean conduct constituting an offence punishable bya maximum deprivation of liberty of at least four years or a more serious penalty;(i) “Property” shall mean assets of every kind, whether corporeal orincorporeal, movable or immovable, tangible or intangible, including virtual assets,
and legal documents or instruments evidencing title to, or interest in, such assets;[agreed ad referendum](j) “Proceeds of crime” shall mean any property derived from or obtained,
directly or indirectly, through the commission of an offence; [ agreed ad referendum](k) “Freezing” or “seizure” shall mean temporarily prohibiting the transfer,conversion, disposition or movement of property or temporarily assuming custody orcontrol of property on the basis of an order issued by a court or other competentauthority; [agreed ad referendum](l) “Confiscation”, which includes forfeiture where applicable, shall mean thepermanent deprivation of property by order of a court or other competent authority;[agreed ad referendum](m) “Predicate offence” shall mean any offence as a result of which
proceeds have been generated that may become the subject of an offence as definedin article 17 of this Convention; [agreed ad referendum](n) “Regional economic integration organization” shall mean an organization
constituted by sovereign States of a given region to which its member States havetransferred competence in respect of matters governed by this Convention and which
has been duly authorized, in accordance with its internal procedures, to sign, ratify,
accept, approve or accede to it; references to “States Parties” under this Convention
shall apply to such organizations within the limits of their competence;(o) “Emergency” shall mean a situation in which there is a significant andimminent risk to the life or safety of any natural person.
Article 3. Scope of application
This Convention shall apply, except as otherwise stated herein, to:(a) The prevention, investigation and prosecution of the criminal offences
established in accordance with this Convention, including the freezing, seizure,confiscation and return of the proceeds from such offences;(b) The collecting, obtaining, preserving and sharing of evidence in electronic
form for the purpose of criminal investigations or proceedings, as provided for inarticles 23 and 35 of this Convention.

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Article 4. Offences established in accordance with other United Nations
conventions and protocols
1.
In giving effect to other applicable United Nations conventions and protocols towhich they are Parties, States Parties shall ensure that criminal offences establishedin accordance with such conventions and protocols are also considered criminal
offences under domestic law when committed through the use of information andcommunications technology systems.
2.
Nothing in this article shall be interpreted as establishing criminal offences inaccordance with this Convention.
Article 5. Protection of sovereignty[agreed ad referendum]
1.
States Parties shall carry out their obligations under this Convention in a mannerconsistent with the principles of sovereign equality and territorial integrity of States
and that of non-intervention in the domestic affairs of other States.
2.
Nothing in this Convention shall entitle a State Party to undertake in the territoryof another State the exercise of jurisdiction and performance of functions that arereserved exclusively for the authorities of that other State by its domestic law.
Article 6. Respect for human rights
1.
States Parties shall ensure that the implementation of their obligations under thisConvention is consistent with their obligations under international human rights law.
2.
Nothing in this Convention shall be interpreted as permitting suppression ofhuman rights or fundamental freedoms, including the rights related to the freedomsof expression, conscience, opinion, religion or belief, peaceful assembly andassociation, in accordance and in a manner consistent with applicable international
human rights law.

Chapter II
Criminalization
Article 7. Illegal access
1.
Each State Party shall adopt such legislative and other measures as may benecessary to establish as a criminal offence under its domestic law, when committed
intentionally, the access to the whole or any part of an information andcommunications technology system without right. [agreed ad referendum]
2.
A 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 isconnected to another information and communications technology system.
Article 8. Illegal interception[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may benecessary 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 andcommunications technology system, including electromagnetic emissions from an
information and communications technology system carrying such electronic data.
2.
A 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.
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Article 9. Interference with electronic data
1.
Each State Party shall adopt such legislative and other measures as may benecessary 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. [agreed in informals]
2.
A State Party may require that the conduct described in paragraph 1 of thisarticle result in serious harm. [agreed ad referendum]
Article 10. Interference with an information and communications technology system[agreed ad referendum]
Each State Party shall adopt such legislative and other measures as may benecessary to establish as criminal offences under its domestic law, when committed
intentionally and without right, the serious hindering of the functioning of an
information and communications technology system by inputting, transmitting,damaging, deleting, deteriorating, altering or suppressing electronic data.
Article 11. Misuse of devices[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may benecessary to establish as criminal offences under its domestic law, when committed
intentionally and without right:(a) The obtaining, production, sale, procurement for use, import, distribution
or otherwise making available of:(i) A device, including a program, designed or adapted primarily for the
purpose of committing any of the offences established in accordance witharticles 7 to 10 of this Convention; or(ii) A password, access credentials, electronic signature or similar data bywhich the whole or any part of an information and communications technology
system is capable of being accessed;with the intent that the device, including a program, or the password, accesscredentials, electronic signature or similar data be used for the purpose of committing
any of the offences established in accordance with articles 7 to 10 of this Convention;and(b) The possession of an item referred to in paragraph 1 (a) (i) or (ii) of thisarticle, with intent that it be used for the purpose of committing any of the offences
established in accordance with articles 7 to 10 of this Convention.
2.
This article shall not be interpreted as imposing criminal liability where theobtaining, production, sale, procurement for use, import, distribution or otherwise
making available, or the possession referred to in paragraph 1 of this article is not forthe purpose of committing an offence established in accordance with articles 7 to 10of this Convention, such as for the authorized testing or protection of an informationand communications technology system.
3.
Each 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.
Article 12. Information and communications technology system-related forgery
1.
Each State Party shall adopt such legislative and other measures as may benecessary to establish as criminal offences under its domestic law, when committed
intentionally and without right, the input, alteration, deletion or suppression ofelectronic 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. [ agreed ad referendum]
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2.
A State Party may require an intent to defraud, or a similar dishonest or criminal
intent, before criminal liability attaches.
Article 13. Information and communications technology system-related theft or fraud
Each State Party shall adopt such legislative and other measures as may benecessary to establish as a criminal offence under its domestic law, when committed
intentionally and without right, the causing of a loss of property to another person bymeans of: [agreed ad referendum](a) Any input, alteration, deletion or suppression of electronic data; [ agreed
in informals](b) Any interference with the functioning of ancommunications technology system; [agreed ad referendum]

informationand(c) Any deception as to factual circumstances made through an informationand communications technology system that causes a person to do or omit to do
anything which that person would not otherwise do or omit to do; [ agreed adreferendum]
with the fraudulent or dishonest intent of procuring for oneself or for another person,
without right, a gain in money or other property.
Article 14. Offences related to online child sexual abuse or
child sexual exploitation material
1.
Each State Party shall adopt such legislative and other measures as may benecessary to establish as criminal offences under its domestic law, when committed
intentionally and without right, the following conduct:(a) Producing, offering, selling, distributing, transmitting, broadcasting,displaying, publishing or otherwise making available child sexual abuse or childsexual exploitation material through an information and communications technology
system;(b) Soliciting, procuring or accessing child sexual abuse or child sexual
exploitation material through an information and communications technology system;(c) Possessing or controlling child sexual abuse or child sexual exploitationmaterial stored in an information and communications technology system or anotherstorage medium;(d) Financing the offences established in accordance with subparagraphs (a)to (c) of this paragraph, which States Parties may establish as a separate offence.
2.
For 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:(a)Engaging in real or simulated sexual activity;(b)

In the presence of a person engaging in any sexual activity;(c)

Whose sexual parts are displayed for primarily sexual purposes; or(d) Subjected to torture or cruel, inhumane or degrading treatment or
punishment and such material is sexual in nature.
3.
A State Party may require that the material identified in paragraph 2 of thisarticle be limited to material that:

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Depicts, describes or represents an existing person; or(b)Visually depicts child sexual abuse or child sexual exploitation .

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4.
In accordance with their domestic law and consistent with applicableinternational obligations, States Parties may take steps to exclude the criminalizationof:(a)Conduct by children for self-generated material depicting them; or(b) The 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 ismaintained exclusively for the private and consensual use of the persons involved.
5.
Nothing in this Convention shall affect any international obligations which are
more conducive to the realization of the rights of the child.
Article 15. Solicitation or grooming for the purpose ofcommitting a sexual offence against a child[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may benecessary to establish as criminal offences under its domestic law the act ofintentionally communicating, soliciting, grooming, or making any arrangement
through an information and communications technology system for the purpose ofcommitting a sexual offence against a child, as defined in domestic law, including forthe commission of any of the offences established in accordance with article 14 ofthis Convention.
2.
A State Party may require an act in furtherance of the conduct described inparagraph 1 of this article.
3.
A State Party may consider extending criminalization in accordance withparagraph 1 of this article in relation to a person believed to be a child.
4.
States Parties may take steps to exclude the criminalization of conduct as
described in paragraph 1 of this article when committed by children.
Article 16. Non-consensual dissemination of intimate images
1.
Each State Party shall adopt such legislative and other measures as may benecessary to establish as criminal offences under its domestic law, when committed
intentionally and without right, the selling, distributing, transmitting, publishing orotherwise making available of an intimate image of a person by means of an
information and communications technology system, without the consent of theperson depicted in the image.
2.
For the purpose of paragraph 1 of this article, “intimate image” shall mean avisual recording of a person over the age of 18 years made by any means, including aphotograph or video recording, that is sexual in nature, in which the person’s sexualparts are exposed or the person is engaged in sexual activity, which was private at thetime 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.
3.
A State Party may extend the definition of intimate images, as appropriate, todepictions of persons who are under the age of 18 years if they are of legal age toengage in sexual activity under domestic law and the image does not depict childabuse or exploitation.
4.
For the purposes of this article, a person who is under the age of 18 years anddepicted in an intimate image cannot consent to the dissemination of an intimate
image that constitutes child sexual abuse or child sexual exploitation material underarticle 14 of this Convention.
5.
A State Party may require the intent to cause harm before criminal liability
attaches.

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6.
States Parties may take other measures concerning matters related to this article,
in accordance with their domestic law and consistent with applicable international
obligations.
Article 17. Laundering of proceeds of crime[agreed ad referendum]
1.
Each 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 theproceeds of crime, for the purpose of concealing or disguising the illicit originof 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;(ii) The 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;(b)

Subject to the basic concepts of its legal system:(i) The acquisition, possession or use of property, knowing, at the time ofreceipt, that such property is the proceeds of crime;(ii) Participation in, association with or conspiracy to commit, attempts tocommit and aiding, abetting, facilitating and counselling the commission of anyof the offences established in accordance with this article.
2.

For purposes of implementing or applying paragraph 1 of this article:(a) Each State Party shall establish as predicate offences relevant offences
established in accordance with articles 7 to 16 of this Convention;(b) In the case of States Parties whose legislation sets out a list of specificpredicate 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;(c) For 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;(d) Each State Party shall furnish copies of its laws that give effect to thisarticle and of any subsequent changes to such laws or a description thereof to theSecretary-General of the United Nations;(e) If 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;(f) Knowledge, intent or purpose required as an element of an offence set forthin paragraph 1 of this article may be inferred from objective factual circumstances.
Article 18. Liability of legal persons[agreed ad referendum]
1.
Each 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 th e
offences established in accordance with this Convention.
2.
Subject to the legal principles of the State Party, the liability of legal persons
may be criminal, civil or administrative.
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3.
Such liability shall be without prejudice to the criminal liability of the natural
persons who have committed the offences.
4.
Each State Party shall, in particular, ensure that legal persons held liable inaccordance with this article are subject to effective, proportionate and dissuasive
criminal or non-criminal sanctions, including monetary sanctions.
Article 19. Participation and attempt[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may benecessary to establish as a criminal offence, in accordance with its domestic law, whencommitted intentionally, the participation in any capacity, such as that of an
accomplice, assistant or instigator, in an offence established in accordance with thisConvention.
2.
Each State Party may adopt the necessary legislative and other measures toestablish as a criminal offence, in accordance with its domestic law, when committed
intentionally, any attempt to commit an offence established in accordance with thisConvention.
3.
Each State Party may adopt the necessary legislative and other measures toestablish as a criminal offence, in accordance with its domestic law, when committed
intentionally, the preparation for an offence established in accordance with thisConvention.
Article 20. Statute of limitations[agreed ad referendum]
Each State Party shall, where appropriate, considering the gravity of the crime,
establish under its domestic law a long statute of limitations period in which tocommence proceedings for any offence established in accordance with thisConvention and establish a longer statute of limitations period or provide for thesuspension of the statute of limitations where the alleged offender has evaded theadministration of justice.
Article 21. Prosecution, adjudication and sanctions[agreed ad referendum]
1.
Each State Party shall make the commission of an offence established inaccordance with this Convention liable to effective, proportionate and dissuasive
sanctions that take into account the gravity of the offence.
2.
Each 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 thisConvention, including circumstances that affect critical information infrastructures.
3.
Each State Party shall endeavour to ensure that any discretionary legal powers
under its domestic law relating to the prosecution of persons for offences establishedin accordance with this Convention are exercised in order to maximize theeffectiveness of law enforcement measures in respect of those offences and with due
regard to the need to deter the commission of such offences.
4.
Each State Party shall ensure that any person prosecuted for offences establishedin accordance with this Convention enjoys all rights and guarantees in conformity
with domestic law and consistent with the applicable international obligations of theState Party, including the right to a fair trial and the rights of the defence.
5.
In the case of offences established in accordance with this Convention, eachState Party shall take appropriate measures, in accordance with its domestic law andwith due regard to the rights of the defence, to seek to ensure that conditions imposedin 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.
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6.
Each State Party shall take into account the gravity of the offences concerned
when considering the eventuality of early release or parole of persons convicted ofsuch offences.
7.
States Parties shall ensure that appropriate measures are in place under domestic
law to protect children who are accused of offences established in accordance withthis Convention, consistent with the obligations under the Convention on the Rightsof the Child and the applicable Protocols thereto, as well as other applicableinternational or regional instruments.
8.
Nothing contained in this Convention shall affect the principle that thedescription of the offences established in accordance with this Convention and of theapplicable legal defences or other legal principles controlling the lawfulness ofconduct is reserved to the domestic law of a State Party and that such offences shallbe prosecuted and punished in accordance with that law.

Chapter III
Jurisdiction
Article 22. Jurisdiction[agreed ad referendum]
1.
Each State Party shall adopt such measures as may be necessary to establish its
jurisdiction over the offences established in accordance with this Convention when:(a)

The offence is committed in the territory of that State Party; or(b) The 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 thetime when the offence is committed.
2.
Subject to article 5 of this Convention, a State Party may also establish its
jurisdiction over any such offence when:(a)

The offence is committed against a national of that State Party; or(b) The offence is committed by a national of that State Party or a statelessperson with habitual residence in its territory; or(c) The 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 aview 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(d)The offence is committed against the State Party.

3.
For 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 theoffences established in accordance with this Convention when the alleged offender ispresent in its territory and it does not extradite such person solely on the ground thatthe person is one of its nationals.
4.
Each 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.
5.
If 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.
6.
Without prejudice to norms of general international law, this Convention shallnot exclude the exercise of any criminal jurisdiction established by a State Party inaccordance with its domestic law.
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Chapter IV
Procedural measures and law enforcement
Article 23. Scope of procedural measures
1.
Each State Party shall adopt such legislative and other measures as may benecessary to establish the powers and procedures provided for in this chapter for the
purpose of specific criminal investigations or proceedings.
2.
Except as provided otherwise in this Convention, each State Party shall apply
the powers and procedures referred to in paragraph 1 of this article to:(a)

The criminal offences established in accordance with this Convention;(b) Other criminal offences committed by means of an information andcommunications technology system; and(c)

The 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 inarticle 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 areservation to enable the broadest application of the measures referred to inarticle 29;(b) Where a State Party, owing to limitations in its legislation in force at thetime of the adoption of this Convention, is not able to apply the measures referred toin articles 29 and 30 of this Convention to communications being transmitted within
an information and communications technology system of a service provider which:(i)Is being operated for the benefit of a closed group of users; and(ii) Does not employ public communications networks and is not connectedwith another information and communications technology system, whether
public or private;that State Party may reserve the right not to apply these measures to such
communications. Each State Party shall consider restricting such a reservation to
enable the broadest application of the measures referred to in articles 29 and 30 ofthis Convention.
Article 24. Conditions and safeguards
1.
Each State Party shall ensure that the establishment, implementation andapplication of the powers and procedures provided for in this chapter are subject toconditions and safeguards provided for under its domestic law, which shall provide
for the protection of human rights, in accordance with its obligations underinternational human rights law, and which shall incorporate the principle ofproportionality.
2.
In accordance with and pursuant to the domestic law of each State Party, suchconditions and safeguards shall, as appropriate in view of the nature of the procedureor power concerned, include, inter alia, judicial or other independent review, the rightto an effective remedy, grounds justifying application, and limitation of the scope andthe duration of such power or procedure.
3.
To 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 andprocedures in this chapter upon the rights, responsibilities and legitimate in terests ofthird parties.
4.
The conditions and safeguards established in accordance with this article shallapply at the domestic level to the powers and procedures set forth in this chapter, both

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for the purpose of domestic criminal investigations and proceedings and for the
purpose of rendering international cooperation by the requested State Party.
5.
References to judicial or other independent review in paragraph 2 of this article
are references to such review at the domestic level.
Article 25. Expedited preservation of stored electronic data
[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may benecessary 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 informationand communications technology system, in particular where there are grounds tobelieve that the electronic data are particularly vulnerable to loss or modification.
2.
Where a State Party gives effect to paragraph 1 of this article by means of anorder 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 b enecessary to oblige that person to preserve and maintain the integrity of thoseelectronic 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.
3.
Each State Party shall adopt such legislative and other measures as may benecessary 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.
Article 26. Expedited preservation and partial disclosure of traffic data
[agreed ad referendum]
Each State Party shall adopt, in respect of traffic data that are to be preserved
under the provisions of article 25 of this Convention, such legislative and othermeasures as may be necessary to:(a) Ensure that such expeditious preservation of traffic data is available
regardless of whether one or more service providers were involved in the transmissionof a communication; and(b) Ensure the expeditious disclosure to the State Party’s competent authority,
or a person designated by that authority, of a sufficient amount of traffic data to enable
the State Party to identify the service providers and the path through which thecommunication or indicated information was transmitted.
Article 27. Production order[agreed ad referendum]
Each State Party shall adopt such legislative and other measures as may benecessary to empower its competent authorities to order:(a) A person in its territory to submit specified electronic data in that person’s
possession or control that are stored in an information and communications
technology system or an electronic data storage medium; and(b) A service provider offering its services in the territory of the State Party tosubmit subscriber information relating to such services in that service provider’spossession or control.

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Article 28. Search and seizure of stored electronic data
[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may benecessary to empower its competent authorities to search or similarly access:(a) An information and communications technology system, part of it, andelectronic data stored therein; and(b) An electronic data storage medium in which the electronic data sought may
be stored;
in the territory of that State Party.
2.
Each State Party shall adopt such legislative and other measures as may benecessary to ensure that, where its authorities search or similarly access a specificinformation and communications technology system or part of it, pursuant toparagraph 1 (a) of this article, and have grounds to believe that the electronic datasought are stored in another information and communications technology system orpart of it in its territory, and such data are lawfully accessible from or available to theinitial system, such authorities shall be able to expeditiously conduct the search toobtain access to that other information and communications technology system.
3.
Each State Party shall adopt such legislative and other measures as may benecessary 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:(a) Seize or similarly secure an information and communications technology
system or part of it, or an electronic data storage medium;(b)

Make and retain copies of those electronic data in electronic form;(c)

Maintain the integrity of the relevant stored electronic data;(d) Render inaccessible or remove those electronic data in the accessed
information and communications technology system.
4.
Each State Party shall adopt such legislative and other measures as may benecessary 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 theircomponent parts, or measures applied to protect the electronic data therein, to provide,
as is reasonable, the necessary information to enable the undertaking of the measuresreferred to in paragraphs 1 to 3 of this article.
Article 29. Real-time collection of traffic data
[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may benecessary to empower its competent authorities to:(a) Collect or record, through the application of technical means in the
territory of that State Party; and(b)Compel a service provider, within its existing technical capability:(i) To collect or record, through the application of technical means in the
territory of that State Party; or(ii) To cooperate and assist the competent authorities in the collection orrecording of;traffic data, in real time, associated with specified communications in its territorytransmitted by means of an information and communications technology system.

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2.
Where 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 -timecollection or recording of traffic data associated with specified communicationstransmitted in its territory, through the application of technical means in that territory.
3.
Each State Party shall adopt such legislative and other measures as may benecessary to oblige a service provider to keep confidential the fact of the executionof any power provided for in this article and any information relating to it.
Article 30. Interception of content data
[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may benecessary, in relation to a range of serious criminal offences to be determined bydomestic law, to empower its competent authorities to:(a) Collect or record, through the application of technical means in the
territory of that State Party; and(b)Compel a service provider, within its existing technical capability:(i) To collect or record, through the application of technical means in the
territory of that State Party; or(ii) To cooperate and assist the competent authorities in the collection orrecording of;content data, in real time, of specified communications in its territory transmitted bymeans of an information and communications technology system.
2.
Where 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 -timecollection or recording of content data on specified communications in its territory,
through the application of technical means in that territory.
3.
Each State Party shall adopt such legislative and other measures as may benecessary to oblige a service provider to keep confidential the fact of the executionof any power provided for in this article and any information relating to it.
Article 31. Freezing, seizure and confiscation of the proceeds of crime[agreed ad referendum]
1.
Each 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:(a) Proceeds of crime derived from offences established in accordance withthis Convention or property the value of which corresponds to that of such proceeds;(b) Property, equipment or other instrumentalities used in or destined for use
in offences established in accordance with this Convention.
2.
Each State Party shall adopt such measures as may be necessary to enable theidentification, tracing, freezing or seizure of any item referred to in paragraph 1 ofthis article for the purpose of eventual confiscation.
3.
Each 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 inparagraphs 1 and 2 of this article.
4.
If 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.

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5.
If proceeds of crime have been intermingled with property acquired fromlegitimate sources, such property shall, without prejudice to any powers relating tofreezing or seizure, be liable to confiscation up to the assessed value of theintermingled proceeds.
6.
Income or other benefits derived from proceeds of crime, from property into
which proceeds of crime have been transformed or converted or from property withwhich proceeds of crime have been intermingled, shall also be liable to the measuresreferred to in this article, in the same manner and to the same extent as proceeds ofcrime.
7.
For 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 shallnot decline to act under the provisions of this paragraph on the ground of bank secrecy.
8.
Each State Party may consider the possibility of requiring that an offenderdemonstrate the lawful origin of alleged proceeds of crime or other property liable toconfiscation, 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.
9.
The provisions of this article shall not be construed as prejudicing the rights ofbona fide third parties.
10. Nothing contained in this article shall affect the principle that the measures towhich it refers shall be defined and implemented in accordance with the provisionsof the domestic law of a State Party.
Article 32. Establishment of criminal record[agreed ad referendum]
Each State Party may adopt such legislative or other measures as may benecessary to take into consideration, under such terms as, and for the purpose that, it
deems appropriate, any previous conviction in another State of an alleged offender
for the purpose of using such information in criminal proceedings relating to an
offence established in accordance with this Convention.
Article 33. Protection of witnesses[agreed ad referendum]
1.
Each 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 inaccordance with this Convention or otherwise cooperate with investigative or judicial
authorities and, as appropriate, for their relatives and other persons close to them.
2.
The 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:(a) Establishing procedures for the physical protection of such persons, suchas, to the extent necessary and feasible, relocating them and permitting, whereappropriate, non-disclosure or limitations on the disclosure of information concerning
the identity and whereabouts of such persons;(b) Providing evidentiary rules to permit witness testimony to be given in amanner 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 adequatemeans.
3.
States Parties shall consider entering into agreements or arrangements withother States for the relocation of persons referred to in paragraph 1 of this article.
4.
The provisions of this article shall also apply to victims insofar as they are
witnesses.
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Article 34. Assistance to and protection of victims[agreed ad referendum]
1.
Each State Party shall take appropriate measures within its means to provide
assistance and protection to victims of offences established in accordance with thisConvention, in particular in cases of threat of retaliation or intimidation.
2.
Each 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.
3.
Each State Party shall, subject to its domestic law, enable views and concernsof 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.
4.
With 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 toprovide assistance to victims of such offences, including for their physical andpsychological recovery, in cooperation with relevant international organizations,non-governmental organizations, and other elements of civil society.
5.
In 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 ofvictims, including the particular circumstances and needs of children.
6.
Each 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.

Chapter V
International cooperation
Article 35. General principles of international cooperation
1.
States Parties shall cooperate with each other in accordance with the provisionsof this Convention, as well as other applicable international instruments on
international cooperation in criminal matters, and domestic laws, for the purpose of:(a) The 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;(b) The collecting, obtaining, preserving and sharing of evidence in electronic
form of criminal offences established in accordance with this Convention;(c) The collecting, obtaining, preserving and sharing of evidence in electronic
form of any serious crime, including serious crimes established in accordance withother applicable United Nations conventions and protocols in force at the time of the
adoption of this Convention.
2.
For 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 s hall
apply.
3.
In matters of international cooperation, whenever dual criminality is considereda requirement, it shall be deemed fulfilled irrespective of whether the laws of therequested State Party place the offence within the same category of offence ordenominate 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.

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Article 36. Protection of personal data
[agreed ad referendum]
1.
(a) A State Party transferring personal data pursuant to this Convention shalldo 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 totransfer personal data in accordance with this Convention if the data cannot beprovided in compliance with their applicable laws concerning the protection of
personal data;(b) Where the transfer of personal data would not be compliant withparagraph 1 (a) of this article, States Parties may seek to impose appropriate
conditions, in accordance with such applicable laws, to achieve compliance in orderto respond to a request for personal data;(c) States Parties are encouraged to establish bilateral or multilateralarrangements to facilitate the transfer of personal data.
2.
For 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.
3.
In order to transfer personal data obtained in accordance with this Convention
to a third country or an international organization , a State Party shall notify theoriginal transferring State Party of its intention and request its authorization. The State
Party shall transfer such personal data only with the authorization of the originaltransferring State Party, which may require that the authorization be provided in
written form.
Article 37. Extradition[agreed ad referendum]
1.
This article shall apply to the criminal offences established in accordance withthis Convention where the person who is the subject of the request for extradition ispresent in the territory of the requested State Party, provided that the offence for w hichextradition 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 ofserving a final sentence of imprisonment or another form of detention impose d inrespect of an extraditable offence, the requested State Party may grant the extraditionin accordance with domestic law.
2.
Notwithstanding 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 inaccordance with this Convention that are not punishable under its own domestic law.
3.
If 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 extraditableby reason of their period of imprisonment but are related to offences established inaccordance with this Convention, the requested State Party may apply this article also
in respect of those offences.
4.
Each 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.
5.
If 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.
6.

States Parties that make extradition conditional on the existence of a treaty shall:(a) At the time of deposit of their instruments of ratification, acceptance orapproval of or accession to this Convention, inform the Secretary -General of the
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United Nations whether they will take this Convention as the legal basis forcooperation in extradition with other States Parties to this Convention; and(b) If they do not take this Convention as the legal basis for cooperation in
extradition, seek, where appropriate, to conclude treaties on extradition with otherStates Parties to this Convention in order to implement this article.
7.
States Parties that do not make extradition conditional on the existence of atreaty shall recognize offences to which this article applies as extraditable offences
between themselves.
8.
Extradition shall be subject to the conditions provided for by the domestic lawof the requested State Party or by applicable extradition treaties, including, inter alia,
conditions in relation to the minimum penalty requirement for extradition and thegrounds upon which the requested State Party may refuse extradition.
9.
States 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.
10. Subject to the provisions of its domestic law and its extradition treaties, therequested State Party may, upon being satisfied that the circumstances so warrant andare urgent, and at the request of the requesting State Party, including when the reque stis 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’spresence at extradition proceedings.
11. A State Party in whose territory an alleged offender is found, if it does notextradite 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 theirdecisions and conduct their proceedings in the same manner as in the case of any ot her
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 andevidentiary aspects, to ensure the efficiency of such prosecution.
12. Whenever a State Party is permitted under its domestic law to extradite orotherwise 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 orproceedings 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 thisoption and other terms that they may deem appropriate, such conditional extraditionor surrender shall be sufficient to discharge the obligation set forth in paragraph 11 of
this article.
13. If 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 su chlaw, upon application of the requesting State Party, consider the enforcement of thesentence imposed under the domestic law of the requesting State Party or theremainder thereof.
14. Any 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.
15. Nothing in this Convention shall be interpreted as imposing an obligation to
extradite if the requested State Party has substantial grounds for believing that therequest has been made for the purpose of prosecuting or punishing a person on accountof that person’s sex, race, language, religion, nationality, ethnic origin or political
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opinions, or that compliance with the request would cause prejudice to that person’s
position for any one of these reasons.
16. States Parties may not refuse a request for extradition on the sole ground thatthe offence is also considered to involve fiscal matters.
17. Before 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.
18. The 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 Part y isprevented from doing so by its domestic law or its international legal obligations.
19. Each State Party shall, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, communicate to theSecretary-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 designatedby the States Parties. Each State Party shall ensure that the details held in the registerare correct at all times.
20. States Parties shall seek to conclude bilateral and multilateral agreements or
arrangements to carry out or to enhance the effectiveness of extradition.
Article 38. Transfer of sentenced persons[agreed ad referendum]
States Parties may, taking into consideration the rights of sentenced persons,consider entering into bilateral or multilateral agreements or arrangements on thetransfer to their territory of persons sentenced to imprisonment or other forms ofdeprivation of liberty for offences established in accordance with this Convention, inorder that they may complete their sentences there. States Parties may also take into
account issues relating to consent, rehabilitation and reintegration.
Article 39. Transfer of criminal proceedings[agreed ad referendum]
1.
States Parties shall consider the possibility of transferring to one anotherproceedings for the criminal prosecution of an offence established in accordance withthis 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.
2.
If 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 withwhich it has no treaty in this matter, it may consider this Convention as the legal b asisfor the transfer of criminal proceedings in respect of any offence to which this article
applies.
Article 40. General principles and procedures
relating to mutual legal assistance1.
States Parties shall afford one another the widest measure of mutual legal
assistance in investigations, prosecutions and judicial proceedings in relation to theoffences established in accordance with this Convention, and for the purposes of thecollection of evidence in electronic form of offences established in accordance withthis Convention, as well as of serious crimes. [agreed ad referendum]2.
Mutual legal assistance shall be afforded to the fullest extent possible underrelevant laws, treaties, agreements and arrangements of the requested State Party withrespect to investigations, prosecutions and judicial proceedings in relation to the

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offences for which a legal person may be held liable in accordance with article 18 of
this Convention in the requesting State Party. [agreed ad referendum]3.
Mutual legal assistance to be afforded in accordance with this article may berequested for any of the following purposes:(a)Taking evidence or statements from persons;(b)

Effecting service of judicial documents;(c)

Executing searches and seizures, and freezing;(d) Searching or similarly accessing, seizing or similarly securing, anddisclosing electronic data stored by means of an information and communications
technology system pursuant to article 44 of this Convention;(e) Collecting traffic data in real time pursuant to article 45 of thisConvention;(f)Intercepting content data pursuant to article 46 of this Convention;(g)

Examining objects and sites;(h) Providing information, evidence and expert evaluations; [ agreed adreferendum](i) Providing originals or certified copies of relevant documents and records,
including government, bank, financial, corporate or business records;(j) Identifying or tracing proceeds of crime, property, instrumentalities orother things for evidentiary purposes;(k)Party;(l)Facilitating the voluntary appearance of persons in the requesting State
Recovering proceeds of crime; [agreed ad referendum](m) Any other type of assistance that is not contrary to the domestic law of therequested State Party. [agreed ad referendum]
4.
Without prejudice to domestic law, the competent authorities of a State Party
may, without prior request, transmit information relating to criminal matters to acompetent authority in another State Party where they believe that such information
could assist the authority in undertaking or successfully concluding inquiries andcriminal proceedings or could result in a request formulated by the latter State Party
pursuant to this Convention. [agreed ad referendum]
5.
The transmission of information pursuant to paragraph 4 of this article shall be
without prejudice to inquiries and criminal proceedings in the State of the competentauthorities providing the information. The competent authorities receiving theinformation shall comply with a request that said information remain confidential,
even temporarily, or with restrictions on its use. However, this shall not prevent thereceiving 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 withthe 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. [agreed ad referendum]
6.
The 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. [agreed ad referendum]
7.
Paragraphs 8 to 31 of this article shall apply to requests made pursuant to thisarticle 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
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to apply the provisions of those paragraphs if they facilitate cooperation. [ agreed adreferendum]
8.
States 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 assistancesought is available under other provisions of this Convention. [agreed ad referendum]
9.
A 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 ofidentification, testimony or otherwise providing assistance in obtaining evidence forinvestigations, prosecutions or judicial proceedings in relation to offences establishedin accordance with this Convention may be transferred if the following conditions are
met:
(a)

The person freely gives informed consent;(b) The competent authorities of both States Parties agree, subject to suchconditions as those States Parties may deem appropriate.
[agreed ad referendum]10.

For the purposes of paragraph 9 of this article:(a) The 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;(b) The 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 fromwhich the person was transferred as agreed beforehand, or as otherwise agreed, by thecompetent authorities of both States Parties;(c) The State Party to which the person is transferred shall not require theState Party from which the person was transferred to initiate extradition proceedings
for the return of the person;(d) The 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 custodyof the State Party to which the person was transferred.
[agreed ad referendum]
11. Unless the State Party from which a person is to be transferred in accordancewith paragraphs 9 and 10 of this article so agrees, that person, regardless of theperson’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 istransferred in respect of acts, omissions or convictions prior to the person’s departurefrom the territory of the State from which the person was transferred. [ agreed adreferendum]
12. (a) Each State Party shall designate a central authority or authorities that shallhave the responsibility and power to receive requests for mutual legal assistance andeither to execute them or to transmit them to the competent authorities for executi on.
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 samefunction for that region or territory;(b) Central authorities shall ensure the speedy and proper execution ortransmission of the requests received. Where the central authority transmits therequest to a competent authority for execution, it shall encourage the speedy andproper execution of the request by the competent authority;

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A/AC.291/L.15(c) The Secretary-General of the United Nations shall be notified of thecentral 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 theStates Parties. Each State Party shall ensure that the details held in the register are
correct at all times;(d) Requests 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 thatsuch 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.
[agreed ad referendum]
13. Requests shall be made in writing or, where possible, by any means capableof 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. [agreed ad referendum]
14. Where 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 underconditions allowing the requested State Party to establish authenticity and ensuring
the security of communications. [agreed ad referendum]
15.

A request for mutual legal assistance shall contain:(a)

The identity of the authority making the request;(b) The 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;(c) A summary of the relevant facts, except in relation to requests for the
purpose of service of judicial documents;(d) A description of the assistance sought and details of any particular
procedure that the requesting State Party wishes to be followed;(e) Where possible and appropriate, the identity, location and nationality ofany person concerned, as well as the country of origin, description and location of
any item or accounts concerned;(f) Where applicable, the time period for which the evidence, information orother assistance is sought; and(g)sought.

The purpose for which the evidence, information or other assistance is[agreed ad referendum]
16. The 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. [agreed ad referendum]
17. A 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 .
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18. Wherever 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 videoc onference, suchmeans may be provided by the requesting State Party, upon mutual agreement. [ agreed
ad referendum]
19. The 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 therequested 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 therequested State Party prior to the disclosure and, if so requested, consult with therequested State Party. If, in an exceptional case, advance notice is not possible, therequesting State Party shall inform the requested State Party of the disclosure without
delay. [agreed ad referendum]
20. The 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 requirementof confidentiality, it shall promptly inform the requesting State Party. [ agreed adreferendum]
21.

Mutual legal assistance may be refused:(a)

If the request is not made in conformity with the provisions of this article;(b) If the requested State Party considers that execution of the request is likely
to prejudice its sovereignty, security, ordre public or other essential interests;(c) If the authorities of the requested 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;(d) If it would be contrary to the legal system of the requested State Party
relating to mutual legal assistance for the request to be granted.
22. Nothing in this Convention shall be interpreted as imposing an obligation toafford mutual legal assistance if the requested State Party has substantial grounds forbelieving that the request has been made for the purpose of prosecuting or punishinga 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.
23. States Parties may not refuse a request for mutual legal assistance on the soleground that the offence is also considered to involve fiscal matters. [ agreed adreferendum]
24. States Parties shall not decline to render mutual legal assistance pursuant to thisarticle on the ground of bank secrecy. [agreed ad referendum]
25. Reasons shall be given for any refusal of mutual legal assistance. [ agreed adreferendum]
26. The requested State Party shall execute the request for mutual legal assistanceas 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
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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 theassistance sought is no longer required. [agreed ad referendum]
27. Mutual legal assistance may be postponed by the requested State Party on the
ground that it interferes with an ongoing investigation, prosecution or judicial
proceeding. [agreed ad referendum]
28. Before 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 shallconsult with the requesting State Party to consider whether assistance may be grant ed
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 theconditions. [agreed ad referendum]
29. Without 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 togive evidence in a proceeding or to assist in an investigation, prosecution or judici alproceeding 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 depa rturefrom the territory of the requested State Party. Such safe conduct shall cease when thewitness, 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 per son 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 retu rned of theperson’s own free will. [agreed ad referendum]
30. The 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, theStates Parties shall consult to determine the terms and conditions under which therequest will be executed, as well as the manner in which the costs shall be borne.
[agreed ad referendum]
31.

The requested State Party:(a) Shall 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;(b) May, at its discretion, provide to the requesting State Party, in whole, inpart 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.
[agreed ad referendum]
32. States 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. [ agreed adreferendum]
Article 41. 24/7 network
1.
Each 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 purposeof 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 ofparagraph 3 of this article and in relation to the offences established in accordancewith this Convention, as well as to serious crime.

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2.
The Secretary-General of the United Nations shall be notified of such point ofcontact and keep an updated register of points of contact designated for the purposesof this article and shall annually circulate to the States Parties the updated list ofcontact points. [agreed ad referendum]
3.
Such assistance shall include facilitating or, if permitted by the domestic law
and practice of the requested State Party, directly carrying out the following measures:(a)

The provision of technical advice;(b) The preservation of stored electronic data pursuant to articles 42 and 43 of
this Convention, including, as appropriate, information about the location of theservice provider, if known to the requested State Party, to assist the requesting State
Party in making a request;(c)

The collection of evidence and the provision of legal information ;(d)

The locating of suspects; or(e)

The provision of electronic data to avert an emergency.

[agreed ad referendum]
4.
A 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, thepoint of contact shall ensure that it is able to coordinate with that authority or thoseauthorities on an expedited basis. [agreed ad referendum]
5.
Each State Party shall ensure that trained and equipped personnel are available
to ensure the operation of the 24/7 network. [agreed ad referendum]
6.
States Parties may also use and strengthen existing authorized networks ofpoints 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 ofinformation exchange cooperation. [agreed ad referendum]
Article 42. International cooperation for the purpose of expedited
preservation of stored electronic data
1.
A State Party may request another State Party to order or otherwise obtain, in
accordance with article 25 of this Convention, the expeditious preservation ofelectronic 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 inthe search or similar access, seizure or similar securing, or disclosure of the electronic
data. [agreed ad referendum]2.
The requesting State Party may use the 24/7 network provided for in article 41of this Convention to seek information concerning the location of the electronic datastored by means of an information and communications technology system and, as
appropriate, information about the location of the service provider. [ agreed adreferendum]3.

A request for preservation made under paragraph 1 of this article shall specify:(a)

The authority seeking the preservation;(b) The offence that is the subject of a criminal investigation, prosecution or
judicial proceeding and a brief summary of the related facts;(c)offence;

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A/AC.291/L.15(d) Any available information identifying the custodian of the stored
electronic data or the location of the information and communications technology
system;(e)

The necessity of the preservation;(f) That 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;(g) As appropriate, the need to keep the request for preservation confidential
and not to notify the user.
[agreed ad referendum]
4.
Upon 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.
[agreed ad referendum]
5.
A State Party that requires dual criminality as a condition for responding to arequest 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 t han
those established in accordance with this Convention, reserve the right to refuse therequest 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 f ulfilled.
[agreed ad referendum]
6.
In addition, a request for preservation may be refused only on the basis of thegrounds contained in article 40, paragraph 21 (b) and (c) and paragraph 22, of thisConvention.
7.
Where the requested State Party believes that preservation will not ensure thefuture availability of the data or will threaten the confidentiality of or otherwise
prejudice the requesting State Party’s investigation, it shall promptly so inform therequesting State Party, which shall then determine whether the request should
nevertheless be executed. [agreed ad referendum]
8.
Any preservation effected in response to a request made pursuant toparagraph 1 of this article shall be for a period of not less than 60 days, in order toenable 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 arequest, the data shall continue to be preserved pending a decision on that request.
[agreed ad referendum]
9.
Before the expiry of the preservation period in paragraph 8 of this article, therequesting State Party may request an extension of the period of preservation. [ agreed
ad referendum]
Article 43. International cooperation for the purpose of expedited disclosure ofpreserved traffic data
1.
Where, in the course of the execution of a request made pursuant to article 42of this Convention to preserve traffic data concerning a specific communication, therequested 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 wastransmitted. [agreed ad referendum]
2.
Disclosure 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) andparagraph 22, of this Convention.

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Article 44. Mutual legal assistance in accessing
stored electronic data
[agreed ad referendum]
1.
A 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 informationand communications technology system located within the territory of the requested
State Party, including electronic data that have been preserved pursuant to article 42of this Convention.
2.
The requested State Party shall respond to the request through the application of
relevant international instruments and laws referred to in article 35 of thisConvention, and in accordance with other relevant provisions of this chapter.
3.

The request shall be responded to on an expedited basis where:(a) There are grounds to believe that the relevant data are particularly
vulnerable to loss or modification; or(b) The instruments and laws referred to in paragraph 2 of this article
otherwise provide for expedited cooperation.
Article 45. Mutual legal assistance in the real-timecollection of traffic data
[agreed ad referendum]
1.
States Parties shall endeavour to provide mutual legal assistance to each otherin the real-time collection of traffic data associated with specified communications intheir territory transmitted by means of an information and communications
technology system. Subject to the provisions of paragraph 2 of this article, suchassistance shall be governed by the conditions and procedures provided for underdomestic law.
2.
Each 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 beavailable in a similar domestic case.
3.

A request made in accordance with paragraph 1 of this article shall specify:(a)

The name of the requesting authority;(b) A summary of the main facts and the nature of the investigation,prosecution or judicial proceeding to which the request relates;(c) The electronic data in relation to which the collection of the traffic data isrequired and their relationship to the offence;(d) Any available data that identify the owner or user of the data or the locationof the information and communications technology system;(e)Justification for the need to collect the traffic data;(f) The period for which traffic data are to be collected and a corresponding
justification of its duration.
Article 46. Mutual legal assistance in theinterception of content data
[agreed ad referendum]
States Parties shall endeavour to provide mutual legal assistance to each otherin the real-time collection or recording of content data of specified communicationstransmitted by means of an information and communications technology system, tothe extent permitted under treaties applicable to them or under their domestic laws.

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Article 47. Law enforcement cooperation[agreed ad referendum]
1.
States Parties shall cooperate closely with one another, consistent with theirrespective domestic legal and administrative systems, to enhance the effectiveness oflaw enforcement action to combat the offences established in accordance with thisConvention. States Parties shall, in particular, take effective measures:(a) To enhance and, where necessary, to establish channels of communication
between their competent authorities, agencies and services, taking into accountexisting 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;(b) To cooperate with other States Parties in conducting inquiries with respect
to offences established in accordance with this Convention concerning:(i) The identity, whereabouts and activities of persons suspected of
involvement in such offences or the location of other persons concerned;(ii) The movement of proceeds of crime or property derived from thecommission of such offences;(iii) The movement of property, equipment or other instrumentalities used orintended for use in the commission of such offences;(c) To provide, where appropriate, necessary items or data for analytical orinvestigative purposes;(d) To exchange, where appropriate, information with other States Parties
concerning specific means and methods used to commit the offences established inaccordance with this Convention, including the use of false identities, forged, alteredor false documents and other means of concealing activities, as well as cybercrime
tactics, techniques and procedures;(e) To 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;(f) To exchange information and coordinate administrative and othermeasures taken, as appropriate, for the purpose of early identification of the offences
established in accordance with this Convention.
2.
With 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, includinginternational or regional organizations, to enhance the cooperation between their law
enforcement agencies.
Article 48. Joint investigations[agreed ad referendum]
States Parties shall consider concluding bilateral or multilateral agreements or
arrangements whereby, in relation to offences established in accordance with thisConvention that are the subject of criminal investigations, prosecutions or judicial
proceedings in one or more States, the competent authorities concerned may establish
joint investigative bodies. In the absence of such agreements or arrangements, joint
investigations may be undertaken by agreement on a case-by-case basis. The States
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Parties involved shall ensure that the sovereignty of the State Party in whose territory
such investigations are to take place is fully respected.
Article 49. Mechanisms for the recovery of property throughinternational cooperation in confiscation[agreed ad referendum]
1.
Each State Party, in order to provide mutual legal assistance pursuant toarticle 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:(a) Take such measures as may be necessary to permit its competentauthorities to give effect to an order of confiscation issued by a court of another State
Party;(b) Take such measures as may be necessary to permit its competentauthorities, where they have jurisdiction, to order the confiscation of such property offoreign origin by adjudication of an offence of money-laundering or such otheroffence as may be within its jurisdiction or by other procedures authorized under its
domestic law; and(c) Consider taking such measures as may be necessary to allow confiscationof 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.
2.
Each State Party, in order to provide mutual legal assistance upon a request madepursuant to article 50, paragraph 2, of this Convention, shall, in accordance with its
domestic law:(a) Take such measures as may be necessary to permit its competentauthorities to freeze or seize property upon a freezing or seizure order issued by acourt or competent authority of a requesting State Party that provides a reasonablebasis for the requested State Party to believe that there are sufficient grounds fortaking such actions and that the property would eventually be subject to an order ofconfiscation for the purposes of paragraph 1 (a) of this article;(b) Take such measures as may be necessary to permit its competentauthorities 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 ofconfiscation for the purposes of paragraph 1 (a) of this article; and(c) Consider taking additional measures to permit its competent authorities topreserve property for confiscation, such as on the basis of a foreign arrest or criminal
charge related to the acquisition of such property.
Article 50. International cooperation for the purposes of confiscation[agreed ad referendum]
1.
A State Party that has received a request from another State Party having
jurisdiction over an offence established in accordance with this Convention for theconfiscation 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:(a) Submit 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(b) Submit to its competent authorities, with a view to giving effect to it to theextent requested, an order of confiscation issued by a court in the territory of therequesting 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.
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2.
Following 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 thisConvention for the purpose of eventual confiscation to be ordered either by therequesting State Party or, pursuant to a request under paragraph 1 of this article, by
the requested State Party.
3.
The 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:(a) In the case of a request pertaining to paragraph 1 (a) of this article, adescription of the property to be confiscated, including, to the extent possible, thelocation, 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;(b) In the case of a request pertaining to paragraph 1 (b) 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 theextent to which execution of the order is requested, a statement specifying themeasures taken by the requesting State Party to provide adequate notification to bonafide third parties and to ensure due process, and a statement that the confiscation orderis final;(c) In the case of a request pertaining to paragraph 2 of this article, a statementof 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 therequest is based.
4.
The decisions or actions provided for in paragraphs 1 and 2 of this article shallbe taken by the requested State Party in accordance with and subject to the provisionsof its domestic law and its procedural rules or any bilateral or multilateral treat y,agreement or arrangement to which it may be bound in relation to the requesting State
Party.
5.
Each State Party shall furnish copies of its laws and regulations that give effectto this article and of any subsequent changes to such laws and regulations or adescription thereof to the Secretary-General of the United Nations.
6.
If a State Party elects to make the taking of the measures referred to inparagraphs 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.
7.
Cooperation 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.
8.
Before lifting any provisional measure taken pursuant to this article, therequested State Party shall, wherever possible, give the requesting State Party an
opportunity to present its reasons in favour of continuing the measure.
9.
The provisions of this article shall not be construed as prejudicing the rights ofbona fide third parties.
10. States Parties shall consider concluding bilateral or multilateral treaties,
agreements or arrangements to enhance the effectiveness of international cooperation
undertaken pursuant to this article.
Article 51. Special cooperation[agreed ad referendum]
Without prejudice to its domestic law, each State Party shall endeavour to takemeasures to permit it to forward, without prejudice to its own criminal investigations,
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prosecutions or judicial proceedings, information on proceeds of offences establishedin accordance with this Convention to another State Party without prior request, whenit considers that the disclosure of such information might assist the receiving Stat e
Party in initiating or carrying out criminal investigations, prosecutions or judicial
proceedings or might lead to a request by that State Party under article 50 of thisConvention.
Article 52. Return and disposal of confiscatedproceeds of crime or property[agreed ad referendum]
1.
Proceeds of crime or property confiscated by a State Party pursuant toarticle 31 or 50 of this Convention shall be disposed of by that State Party inaccordance with its domestic law and administrative procedures.
2.
When acting on a request made by another State Party in accordance witharticle 50 of this Convention, States Parties shall, to the extent permitted by domestic
law and if so requested, give priority consideration to returning the confiscatedproceeds of crime or property to the requesting State Party so that it can givecompensation to the victims of the crime or return such proceeds of crime or property
to their prior legitimate owners.
3.
When acting on a request made by another State Party in accordance witharticles 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:(a) Contributing 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 theaccount designated in accordance with article 56, paragraph 2 (c), of this Convention,and to intergovernmental bodies specializing in the fight against cybercrime;(b) Sharing with other States Parties, on a regular or case-by-case basis, suchproceeds of crime or property, or funds derived from the sale of such proceeds ofcrime or property, in accordance with its domestic law or administrative procedures.
4.
Where 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.

Chapter VI
Preventive measures
Article 53. Preventive measures
1.
Each State Party shall endeavour, in accordance with fundamental principles of
its legal system, to develop and implement or maintain effective and coordinatedpolicies and best practices to reduce existing or future opportunities for cybercrime
through appropriate legislative, administrative or other measures. [ agreed adreferendum]
2.
Each State Party shall take appropriate measures, within its means and inaccordance 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. [ agreed
ad referendum]

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3.

Preventive measures may include:(a) Strengthening cooperation between law enforcement agencies orprosecutors 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; [ agreed
ad referendum](b) Promoting public awareness regarding the existence, causes and gravity ofthe 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 andcombating such offences; [agreed ad referendum](c) Building and making efforts to increase the capacity of domestic criminal
justice systems, including training and developing expertise among criminal justicepractitioners, as part of national prevention strategies against the offences establishedin accordance with this Convention; [agreed ad referendum](d) Encouraging service providers to take effective measures, where feasible
in the light of national circumstances and to the extent permitted by domestic law, tostrengthen the security of the service providers’ products, services and customers;(e) Recognizing the contributions of the legitimate activities of security
researchers when intended solely, and to the extent permitted and subject to theconditions prescribed by domestic law, to strengthen and improve the security ofservice providers’ products, services and customers located within the territory of theState Party; [agreed ad referendum](f) Developing, facilitating and promoting programmes and activities in order
to discourage those at risk of engaging in cybercrime from becoming offenders andto develop their skills in a lawful manner; [agreed ad referendum](g) Endeavouring to promote the reintegration into society of persons
convicted of offences established in accordance with this Convention; [ agreed adreferendum](h) Developing strategies and policies, in accordance with domestic law, toprevent 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;(i) Undertaking specific and tailored efforts to keep children safe online,
including through education and training on and raising public awareness of childsexual abuse or child sexual exploitation online and through revising domestic legal
frameworks and enhancing international cooperation aimed at its prevention, as wellas making efforts to ensure the swift removal of child sexual abuse and child sexual
exploitation material; [agreed ad referendum](j) Enhancing the transparency of and promoting the contribution of the
public to decision-making processes and ensuring that the public has adequate accessto information; [agreed ad referendum](k) Respecting, promoting and protecting the freedom to seek, receive andimpart public information concerning cybercrime; [agreed ad referendum](l) Developing or strengthening support programmes for victims of theoffences established in accordance with this Convention; [agreed ad referendum](m) Preventing and detecting transfers of proceeds of crime and property
related to the offences established in accordance with this Convention. [ agreed adreferendum]

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4.
Each 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 thereporting, including anonymously, of any incident that may be considered a criminal
offence established in accordance with this Convention. [agreed ad referendum]
5.
States Parties shall endeavour to periodically evaluate existing relevant national
legal frameworks and administrative practices with a view to identifying gaps andvulnerabilities and ensuring their relevance in the face of changing threats posed by
the offences established in accordance with this Convention. [agreed ad referendum]
6.
States Parties may collaborate with each other and with relevant internationaland regional organizations in promoting and developing the measures referred to inthis article. This includes participation in international projects aimed at theprevention of cybercrime. [agreed ad referendum]
7.
Each State Party shall inform the Secretary-General of the United Nations of thename and address of the authority or authorities that may assist other States Parties indeveloping and implementing specific measures to prevent cybercrime. [ agreed adreferendum]

Chapter VII
Technical assistance and information exchange
Article 54. Technical assistance and capacity-building
1.
States Parties shall, according to their capacity, consider affording one anotherthe widest measure of technical assistance and capacity -building, including training
and other forms of assistance, the mutual exchange of relevant experience andspecialized 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 andprosecution of the offences covered by this Convention.
2.
States Parties shall, to the extent necessary, initiate, develop, implement or
improve specific training programmes for their personnel responsible for theprevention, detection, investigation and prosecution of the offences covered by thisConvention. [agreed ad referendum]
3.
Activities referred to in paragraphs 1 and 2 of this article may deal, to the extent
permitted by domestic law, with the following: [agreed ad referendum](a) Methods and techniques used in the prevention, detection, investigationand prosecution of the offences covered by this Convention; [ agreed ad referendum](b) Building capacity in the development and planning of strategic policies
and legislation to prevent and combat cybercrime; [agreed ad referendum](c) Building capacity in the collection, preservation and sharing of evidence,in particular in electronic form, including the maintenance of the chain of custody andforensic analysis; [agreed ad referendum](d) Modern law enforcement equipment and the use thereof; [ agreed adreferendum](e) Training of competent authorities in the preparation of requests for mutual
legal assistance and other means of cooperation that meet the requirements of thisConvention, especially for the collection, preservation and sharing of evidence inelectronic form; [agreed ad referendum](f) Prevention, 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

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or disguise of such proceeds, property, equipment or other instrumentalities; [ agreed
ad referendum](g) Appropriate and efficient legal and administrative mechanisms andmethods for facilitating the seizure, confiscation and return of proceeds of offences
covered by this Convention; [agreed ad referendum](h) Methods used in the protection of victims and witnesses who cooperatewith judicial authorities; [agreed ad referendum](i) Training in relevant substantive and procedural law, and law enforcement
investigation powers, as well as in national and international regulations and inlanguages. [agreed ad referendum]
4.
States Parties shall, subject to their domestic law, endeavour to leverage theexpertise of and cooperate closely with other States Parties and relevant internationaland regional organizations, non-governmental organizations, civil society
organizations, academic institutions and private sector entities, with a view toenhancing the effective implementation of this Convention. [ agreed ad referendum]
5.
States Parties shall assist one another in planning and implementing researchand training programmes designed to share expertise in the areas referred to inparagraph 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. [agreed ad referendum]
6.
States 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 todeveloping, with the participation of the competent authorities and relevant nongovernmental organizations, civil society organizations, academic institutions andprivate sector entities, strategies and action plans to prevent and combat cybercrime .
7.
States 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 incentral authorities or agencies with relevant responsibilities. [ agreed ad referendum]
8.
States Parties shall strengthen, to the extent necessary, efforts to maximize theeffectiveness of technical assistance and capacity-building in international andregional organizations and in the framework of relevant bilateral and multilateralagreements or arrangements. [agreed ad referendum]
9.
States Parties shall consider establishing voluntary mechanisms with a view tocontributing financially to the efforts of developing countries to implement thisConvention through technical assistance programmes and capacity -building projects.
[agreed ad referendum]
10. Each 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 throughtechnical assistance and capacity-building. [agreed ad referendum]
Article 55. Exchange of information[agreed ad referendum]
1.
Each 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 inwhich such offences are committed.
2.
States Parties shall consider developing and sharing with each other and throughinternational and regional organizations statistics, analytical expertise andV.24-14137

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information concerning cybercrime, with a view to developing, insofar as possible,
common definitions, standards and methodologies, as well as best practices, toprevent and combat such crime.
3.
Each State Party shall consider monitoring its policies and practical measures toprevent and combat offences covered by this Convention and making assessments of
their effectiveness and efficiency.
4.
States Parties shall consider exchanging information on legal, policy andtechnological developments related to cybercrime and the collection of evidence inelectronic form.
Article 56. Implementation of the Convention througheconomic development and technical assistance[agreed ad referendum]
1.
States Parties shall take measures conducive to the optimal implementation ofthis Convention to the extent possible, through international cooperation, taking into
account the negative effects of the offences covered by this Convention on society ingeneral and, in particular, on sustainable development.
2.
States Parties are strongly encouraged to make concrete efforts, to the extent
possible and in coordination with each other, as well as with international and regionalorganizations:(a) To enhance their cooperation at various levels with other States Parties, inparticular developing countries, with a view to strengthening their capacity to preventand combat the offences covered by this Convention;(b) To enhance financial and material assistance to support the efforts of otherStates Parties, in particular developing countries, in effectively preventing andcombating the offences covered by this Convention and to help them to implement
this Convention;(c) To provide technical assistance to other States Parties, in particulardeveloping countries, in support of meeting their needs regarding the implementationof this Convention. To that end, States Parties shall endeavour to make adequate andregular voluntary contributions to an account specifically designated for that purpose
in a United Nations funding mechanism;(d) To encourage, as appropriate, non-governmental organizations, civilsociety organizations, academic institutions and private sector entities, as well as
financial institutions, to contribute to the efforts of States Parties, including inaccordance with this article, in particular by providing more training programmes andmodern equipment to developing countries in order to assist them in achieving theobjectives of this Convention;(e) To exchange best practices and information with regard to activities
undertaken, with a view to improving transparency, avoiding duplication of effort andmaking best use of any lessons learned.
3.
States Parties shall also consider using existing subregional, regional andinternational 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.
4.
To 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 bythis Convention and strengthen the fight against cybercrime.

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5.
To 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.
6.
States Parties may conclude bilateral, regional or multilateral agreements or
arrangements on material and logistical assistance, taking into consideration thefinancial arrangements necessary for the means of international cooperation provided
for by this Convention to be effective and for the prevention, detection, investigationand prosecution of the offences covered by this Convention.

Chapter VIII
Mechanism of implementation
Article 57. Conference of the States Parties to the Convention
1.
A Conference of the States Parties to the Convention is hereby established to
improve the capacity of and cooperation between States Parties to achieve theobjectives set forth in this Convention and to promote and review its implementation.
[agreed ad referendum]
2.
The 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 thisConvention. Thereafter, regular meetings of the Conference shall be held inaccordance with the rules of procedure adopted by the Conference. [agreed adreferendum]3.
The Conference of the States Parties shall adopt rules of procedure and rules
governing the activities set forth in this article, including rules concerning theadmission and participation of observers, and the payment of expenses incurred incarrying out those activities. Such rules and related activities shall take into accountprinciples such as effectiveness, inclusivity, transparency, efficiency and national
ownership.
4.
In establishing its regular meetings, the Conference of the States Parties shalltake into account the time and location of the meetings of other relevant internationaland regional organizations and mechanisms in similar matters, including theirsubsidiary treaty bodies, consistent with the principles identified in paragraph 3 ofthis article.
5.
The Conference of the States Parties shall agree upon activities, procedures andmethods of work to achieve the objectives set forth in paragraph 1 of this article,
including:(a) Facilitating the effective use and implementation of this Convention, theidentification of any problems thereof, as well as the activities carried out by States
Parties under this Convention, including encouraging the mobilization of voluntary
contributions;(b) Facilitating the exchange of information on legal, policy and technologicaldevelopments pertaining to the offences established in accordance with thisConvention and the collection of evidence in electronic form among States Parties
and relevant international and regional organizations, as well as non-governmentalorganizations, civil society organizations, academic institutions and private sector
entities, in accordance with domestic law, as well as on patterns and trends incybercrime and on successful practices for preventing and combating such offences;(c) Cooperating with relevant international and regional organizations, as well
as non-governmental organizations, civil society organizations, academic institutions
and private sector entities;(d) Making appropriate use of relevant information produced by otherinternational and regional organizations and mechanisms for preventing andV.24-14137

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combating the offences established in accordance with this Convention, in order toavoid unnecessary duplication of work;(e) Reviewing periodically the implementation of this Convention by its
States Parties;(f) Making recommendations to improve this Convention and its
implementation as well as considering possible supplementation or amendment of theConvention;(g) Elaborating and adopting supplementary protocols to this Convention on
the basis of articles 61 and 62 of this Convention;(h) Taking note of the technical assistance and capacity-building requirementsof States Parties regarding the implementation of this Convention and recommending
any action it may deem necessary in that respect.
[agreed ad referendum]
6.
Each State Party shall provide the Conference of the States Parties withinformation 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 andacting 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 inaccordance with procedures to be decided upon by the Conference, may also be
considered.
7.
For 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.
8.
Pursuant to paragraphs 5 to 7 of this article, the Conference of the States Parties
shall establish, if it deems necessary, any appropriate mechanisms or subsidiarybodies to assist in the effective implementation of the Convention. [ agreed adreferendum]
Article 58. Secretariat[agreed ad referendum]
1.
The Secretary-General of the United Nations shall provide the necessary
secretariat services to the Conference of the States Parties to the Convention.
2.

The secretariat shall:(a) Assist 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;(b) Upon request, assist States Parties in providing information to theConference of the States Parties, as envisaged in this Convention; and(c) Ensure the necessary coordination with the secretariats of relevantinternational and regional organizations.

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Chapter IX
Final provisions
Article 59. Implementation of the Convention[agreed ad referendum]
1.
Each State Party shall take the necessary measures, including legislative andadministrative measures, in accordance with fundamental principles of its domestic
law, to ensure the implementation of its obligations under this Convention.
2.
Each State Party may adopt more strict or severe measures than those provided
for by this Convention for preventing and combating the offences established inaccordance with this Convention.
Article 60. Effects of the Convention
1.
If 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 applythat agreement or treaty or to regulate those relations accordingly.
2.
Nothing in this Convention shall affect other rights, restrictions, obligations andresponsibilities of a State Party under international law. [agreed ad referendum]
Article 61. Relation with protocols[agreed ad referendum]
1.

This Convention may be supplemented by one or more protocols.

2.
In order to become a Party to a protocol, a State or a regional economic
integration organization must also be a Party to this Convention.
3.
A 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.
4.
Any protocol to this Convention shall be interpreted together with thisConvention, taking into account the purpose of that protocol.
Article 62. Adoption of supplementary protocols
1.
At 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 allefforts at consensus have been exhausted and no agreement has been reached, thesupplementary 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 theConference.
2.
Regional economic integration organizations, in matters within theircompetence, 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. Suchorganizations shall not exercise their right to vote if their member States exercise
theirs and vice versa.
Article 63. Settlement of disputes[agreed ad referendum]
1.
States Parties shall endeavour to settle disputes concerning the interpretation orapplication of this Convention through negotiation or any other peaceful means of
their own choice.
2.
Any dispute between two or more States Parties concerning the interpretation orapplication of this Convention that cannot be settled through negotiation or otherpeaceful means within a reasonable time shall, at the request of one of those States
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Parties, be submitted to arbitration. If, six months after the date of the request forarbitration, those States Parties are unable to agree on the organization of thearbitration, 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.
3.
Each State Party may, at the time of signature, ratification, acceptance orapproval 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 byparagraph 2 of this article with respect to any State Party that has made such areservation.
4.
Any State Party that has made a reservation in accordance with paragraph 3of this article may at any time withdraw that reservation by notification to theSecretary-General of the United Nations.
Article 64. Signature, ratification, acceptance, approval and accession[agreed ad referendum]
1.
This Convention shall be open to all States for signature at United Nations
Headquarters in New York until 31 December 2026.
2.
This Convention shall also be open for signature by regional economic
integration organizations, provided that at least one member State of such anorganization has signed this Convention in accordance with paragraph 1 of this article.
3.
This Convention is subject to ratification, acceptance or approval. Instrumentsof ratification, acceptance or approval shall be deposited with the Secretary -Generalof 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, suchorganization shall declare the extent of its competence with respect to the mattersgoverned by this Convention. Such organization shall also inform the depositary of
any relevant modification in the extent of its competence.
4.
This 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 thisConvention. Instruments of accession shall be deposited with the Secretary -Generalof the United Nations. At the time of its accession, a regional economic integration
organization shall declare the extent of its competence with respect to mattersgoverned by this Convention. Such organization shall also inform the depositary of
any relevant modification in the extent of its competence.
Article 65. Entry into force
1.
This Convention shall enter into force on the ninetieth day after the date ofdeposit 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 bymember States of that organization.
2.
For each State or regional economic integration organization ratifying,
accepting, approving or acceding to this Convention after the deposit of thefortieth instrument of such action, this Convention shall enter into force on thethirtieth 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 toparagraph 1 of this article, whichever is later.
Article 66. Amendment
1.
After the expiry of five years from the entry into force of this Convention, aState 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
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purpose of considering and deciding on the proposal. The Conference shall makeevery effort to achieve consensus on each amendment. If all efforts at consensus havebeen exhausted and no agreement has been reached, the amendment shall, as a lastresort, require for its adoption a two-thirds majority vote of the States Parties present
and voting at the meeting of the Conference.
2.
Regional economic integration organizations, in matters within theircompetence, 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. Suchorganizations shall not exercise their right to vote if their member States exercise
theirs and vice versa. [agreed ad referendum]
3.
An amendment adopted in accordance with paragraph 1 of this article is subject
to ratification, acceptance or approval by States Parties. [agreed ad referendum]
4.
An 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 theSecretary-General of the United Nations of an instrument of ratification, acceptanceor approval of such amendment. [agreed ad referendum]
5.
When 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 bebound by the provisions of this Convention and any earlier amendments that they hav e
ratified, accepted or approved. [agreed ad referendum]
Article 67. Denunciation[agreed ad referendum]
1.
A State Party may denounce this Convention by written notification to theSecretary-General of the United Nations. Such denunciation shall become effective
one year after the date of receipt of the notification by the Secretary -General.
2.
A regional economic integration organization shall cease to be a Party to thisConvention when all of its member States have denounced it.
3.
Denunciation of this Convention in accordance with paragraph 1 of this article
shall entail the denunciation of any protocols thereto.
Article 68. Depositary and languages[agreed ad referendum]
1.
The Secretary-General of the United Nations is designated depositary of thisConvention.
2.
The original of this Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with theSecretary-General of the United Nations.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly
authorized thereto by their respective Governments, have signed this Convention. 1[agreed ad referendum]__________________
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It is noted that interpretative notes on articles 2, 17, 23 and 35 of this Convention were approvedby the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering
the Use of Information and Communications Technologies for Criminal Purposes and annexed to
the report on its reconvened concluding session, held from 29 July to 9 August 2024 in NewYork.
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