Title: Suriname Rechtsinstituut

URL: https://www.sris.sr/wp-content/uploads/2018/04/United-Nations-Convention-against-Transnational-Organized-Crime.pdf

Content:
Verdrag van de Verenigde Naties tegen grensoverschrijdende
georganiseerde misdaad, New York, 15-11-2000
United Nations Convention against Transnational Organized Crime
Article 1. Statement of purpose
The purpose of this Convention is to promote cooperation to prevent and combat transnational
organized crime more effectively.
Article 2. Use of terms
For the purposes of this Convention:
a) “Organized criminal group” shall mean a structured group of three or more persons, existing
for a period of time and acting in concert with the aim of committing one or more serious
crimes or offences established in accordance with this Convention, in order to obtain, directly
or indirectly, a financial or other material benefit;
b) “Serious crime” shall mean conduct constituting an offence punishable by a maximum
deprivation of liberty of at least four years or a more serious penalty;
c) “Structured group” shall mean a group that is not randomly formed for the immediate
commission of an offence and that does not need to have formally defined roles for its
members, continuity of its membership or a developed structure;
d) “Property” shall mean assets of every kind, whether corporeal or incorporeal, movable or
immovable, tangible or intangible, and legal documents or instruments evidencing title to, or
interest in, such assets;
e) “Proceeds of crime” shall mean any property derived from or obtained, directly or indirectly,
through the commission of an offence;
f) “Freezing” or “seizure” shall mean temporarily prohibiting the transfer, conversion, disposition
or movement of property or temporarily assuming custody or control of property on the basis of
an order issued by a court or other competent authority;
g) “Confiscation”, which includes forfeiture where applicable, shall mean the permanent
deprivation of property by order of a court or other competent authority;
h) “Predicate offence” shall mean any offence as a result of which proceeds have been
generated that may become the subject of an offence as defined in article 6 of this Convention;
i) “Controlled delivery” shall mean the technique of allowing illicit or suspect consignments to
pass out of, through or into the territory of one or more States, with the knowledge and under
the supervision of their competent authorities, with a view to the investigation of an offence
and the identification of persons involved in the commission of the offence;
j) “Regional economic integration organization” shall mean an organization constituted by
sovereign States of a given region, to which its member States have transferred 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.
Article 3. Scope of application
1. This Convention shall apply, except as otherwise stated herein, to the prevention, investigation
and prosecution of:
a) The offences established in accordance with articles 5, 6, 8 and 23 of this Convention; and
b) Serious crime as defined in article 2 of this Convention; where the offence is transnational in
nature and involves an organized criminal group.
2. For the purpose of paragraph 1 of this article, an offence is transnational in nature if:

a) It is committed in more than one State;
b) It is committed in one State but a substantial part of its preparation, planning, direction or
control takes place in another State;
c) It is committed in one State but involves an organized criminal group that engages in criminal
activities in more than one State; or
d) It is committed in one State but has substantial effects in another State.
Article 4. Protection of sovereignty
1. States Parties shall carry out their obligations under this Convention in a manner consistent with
the principles of sovereign equality and territorial integrity of States and that of non-intervention in
the domestic affairs of other States.
2. Nothing in this Convention entitles a State Party to undertake in the territory of another State the
exercise of jurisdiction and performance of functions that are reserved exclusively for the
authorities of that other State by its domestic law.
Article 5. Criminalization of participation in an organized criminal group
1. Each State Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences, when committed intentionally:
a) Either or both of the following as criminal offences distinct from those involving the attempt or
completion of the criminal activity:
(i) Agreeing with one or more other persons to commit a serious crime for a purpose relating
directly or indirectly to the obtaining of a financial or other material benefit and, where
required by domestic law, involving an act undertaken by one of the participants in
furtherance of the agreement or involving an organized criminal group;
(ii) Conduct by a person who, with knowledge of either the aim and general criminal activity of
an organized criminal group or its intention to commit the crimes in question, takes an
active part in:
a. Criminal activities of the organized criminal group;
b. Other activities of the organized criminal group in the knowledge that his or her
participation will contribute to the achievement of the above-described criminal aim;
b) Organizing, directing, aiding, abetting, facilitating or counselling the commission of serious
crime involving an organized criminal group.
2. The knowledge, intent, aim, purpose or agreement referred to in paragraph 1 of this article may be
inferred from objective factual circumstances.
3. States Parties whose domestic law requires involvement of an organized criminal group for
purposes of the offences established in accordance with paragraph 1 a) (i) of this article shall
ensure that their domestic law covers all serious crimes involving organized criminal groups. Such
States Parties, as well as States Parties whose domestic law requires an act in furtherance of the
agreement for purposes of the offences established in accordance with paragraph 1 a) (i) of this
article, shall so inform the Secretary-General of the United Nations at the time of their signature or
of deposit of their instrument of ratification, acceptance or approval of or accession to this
Convention.
Article 6. Criminalization of the laundering of proceeds of crime
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 the proceeds of
crime, for the purpose of concealing or disguising the illicit origin of the property or of
helping any person who is involved in the commission of the predicate offence to evade the
legal consequences of his or her action;

(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 of receipt, that such
property is the proceeds of crime;
(ii) Participation in, association with or conspiracy to commit, attempts to commit and aiding,
abetting, facilitating and counselling the commission of any of the offences established in
accordance with this article.
2. For purposes of implementing or applying paragraph 1 of this article:
a) Each State Party shall seek to apply paragraph 1 of this article to the widest range of predicate
offences;
b) Each State Party shall include as predicate offences all serious crime as defined in article 2 of
this Convention and the offences established in accordance with articles 5, 8 and 23 of this
Convention. In the case of States Parties whose legislation sets out a list of specific predicate
offences, they shall, at a minimum, include in such a list a comprehensive range of offences
associated with organized criminal groups;
c) For the purposes of subparagraph b), 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 this article and of any
subsequent changes to such laws or a description thereof to the Secretary-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 forth in paragraph 1 of
this article may be inferred from objective factual circumstances.
Article 7. Measures to combat money-laundering
1. Each State Party:
a) Shall institute a comprehensive domestic regulatory and supervisory regime for banks and
non-bank financial institutions and, where appropriate, other bodies particularly susceptible to
money-laundering, within its competence, in order to deter and detect all forms of
money-laundering, which regime shall emphasize requirements for customer identification,
record-keeping and the reporting of suspicio us transactions;
b) Shall, without prejudice to articles 18 and 27 of this Convention, ensure that administrative,
regulatory, law enforcement and other authorities dedicated to combating money-laundering
(including, where appropriate under domestic law, judicial authorities) have the ability to
cooperate and exchange information at the national and international levels within the
conditions prescribed by its domestic law and, to that end, shall consider the establishment of
a financial intelligence unit to serve as a national centre for the collection, analysis and
dissemination of information regarding potential money-laundering.
2. States Parties shall consider implementing feasible measures to detect and monitor the movement
of cash and appropriate negotiable instruments across their borders, subject to safeguards to
ensure proper use of information and without impeding in any way the movement of legitimate
capital. Such measures may include a requirement that individuals and businesses report the
cross-border transfer of substantial quantities of cash and appropriate negotiable instruments.
3. In establishing a domestic regulatory and supervisory regime under the terms of this article, and
without prejudice to any other article of this Convention, States Parties are called upon to use as a
guideline the relevant initiatives of regional, interregional and multilateral organizations against

money-laundering.
4. States Parties shall endeavour to develop and promote global, regional, subregional and bilateral
cooperation among judicial, law enforcement and financial regulatory authorities in order to
combat money-laundering.
Article 8. Criminalization of corruption
1. Each State Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences, when committed intentionally:
a) The promise, offering or giving to a public official, directly or indirectly, of an undue advantage,
for the official himself or herself or another person or entity, in order that the official act or
refrain from acting in the exercise of his or her official duties;
b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage,
for the official himself or herself or another person or entity, in order that the official act or
refrain from acting in the exercise of his or her official duties.
2. Each State Party shall consider adopting such legislative and other measures as may be
necessary to establish as criminal offences conduct referred to in paragraph 1 of this article
involving a foreign public official or international civil servant. Likewise, each State Party shall
consider establishing as criminal offences other forms of corruption.
3. Each State Party shall also adopt such measures as may be necessary to establish as a criminal
offence participation as an accomplice in an offence established in accordance with this article.
4. For the purposes of paragraph 1 of this article and article 9 of this Convention, ``public official"
shall mean a public official or a person who provides a public service as defined in the domestic
law and as applied in the criminal law of the State Party in which the person in question performs
that function.
Article 9. Measures against corruption
1. In addition to the measures set forth in article 8 of this Convention, each State Party shall, to the
extent appropriate and consistent with its legal system, adopt legislative, administrative or other
effective measures to promote integrity and to prevent, detect and punish the corruption of public
officials.
2. Each State Party shall take measures to ensure effective action by its authorities in the prevention,
detection and punishment of the corruption of public officials, including providing such authorities
with adequate independence to deter the exertion of inappropriate influence on their actions.
Article 10. Liability of legal persons
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 serious crimes involving an
organized criminal group and for the offences established in accordance with articles 5, 6, 8 and
23 of this Convention.
2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil
or administrative.
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 in accordance with this
article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions,
including monetary sanctions.

Article 11. Prosecution, adjudication and sanctions
1. Each State Party shall make the commission of an offence established in accordance with articles
5, 6, 8 and 23 of this Convention liable to sanctions that take into account the gravity of that
offence.
2. Each State Party shall endeavour to ensure that any discretionary legal powers under its domestic
law relating to the prosecution of persons for offences covered by this Convention are exercised to
maximize the effectiveness of law enforcement measures in respect of those offences and with
due regard to the need to deter the commission of such offences.
3. In the case of offences established in accordance with articles 5, 6, 8 and 23 of this Convention,
each State Party shall take appropriate measures, in accordance with its domestic law and with
due regard to the rights of the defence, to seek to ensure that conditions imposed in connection
with decisions on release pending trial or appeal take into consideration the need to ensure the
presence of the defendant at subsequent criminal proceedings.
4. Each State Party shall ensure that its courts or other competent authorities bear in mind the grave
nature of the offences covered by this Convention when considering the eventuality of early
release or parole of persons convicted of such offences.
5. Each State Party shall, where appropriate, establish under its domestic law a long statute of
limitations period in which to commence proceedings for any offence covered by this Convention
and a longer period where the alleged offender has evaded the administration of justice.
6. Nothing contained in this Convention shall affect the principle that the description of the offences
established in accordance with this Convention and of the applicable legal defences or other legal
principles controlling the lawfulness of conduct is reserved to the domestic law of a State Party
and that such offences shall be prosecuted and punished in accordance with that law.
Article 12. Confiscation and seizure
1. States Parties shall adopt, to the greatest extent possible within their domestic legal systems,
such measures as may be necessary to enable confiscation of:
a) Proceeds of crime derived from offences covered by this 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 covered
by this Convention.
2. States Parties shall adopt such measures as may be necessary to enable the identification,
tracing, freezing or seizure of any item referred to in paragraph 1 of this article for the purpose of
eventual confiscation.
3. 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.
4. If proceeds of crime have been intermingled with property acquired from legitimate sources, such
property shall, without prejudice to any powers relating to freezing or seizure, be liable to
confiscation up to the assessed value of the intermingled proceeds.
5. Income or other benefits derived from proceeds of crime, from property into which proceeds of
crime have been transformed or converted or from property with which proceeds of crime have
been intermingled shall also be liable to the measures referred to in this article, in the same
manner and to the same extent as proceeds of crime.
6. For the purposes of this article and article 13 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. States Parties shall not decline to act under the provisions of this
paragraph on the ground of bank secrecy.

7. States Parties may consider the possibility of requiring that an offender demonstrate the lawful
origin of alleged proceeds of crime or other property liable to confiscation, to the extent that such a
requirement is consistent with the principles of their domestic law and with the nature of the
judicial and other proceedings.
8. The provisions of this article shall not be construed to prejudice the rights of bona fide third
parties.
9. Nothing contained in this article shall affect the principle that the measures to which it refers shall
be defined and implemented in accordance with and subject to the provisions of the domestic law
of a State Party.
Article 13. International cooperation for purposes of confiscation
1. A State Party that has received a request from another State Party having jurisdiction over an
offence covered by this Convention for confiscation of proceeds of crime, property, equipment or
other instrumentalities referred to in article 12, 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 the extent requested, an
order of confiscation issued by a court in the territory of the requesting State Party in
accordance with article 12, paragraph 1, of this Convention insofar as it relates to proceeds of
crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1,
situated in the territory of the requested State Party.
2. Following a request made by another State Party having jurisdiction over an offence covered by
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 12,
paragraph 1, of this Convention for the purpose of eventual confiscation to be ordered either by
the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the
requested State Party.
3. The provisions of article 18 of this Convention are applicable, mutatis mutandis, to this article. In
addition to the information specified in article 18, paragraph 15, requests made pursuant to this
article shall contain:
a) In the case of a request pertaining to paragraph 1 a) of this article, a description of the property
to be confiscated 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 the extent to which execution of the order is
requested;
c) In the case of a request pertaining to paragraph 2 of this article, a statement of the facts relied
upon by the requesting State Party and a description of the actions requested.
4. The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the
requested State Party in accordance with and subject to the provisions of its domestic law and its
procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may
be bound in relation to the requesting State Party.
5. Each State Party shall furnish copies of its laws and regulations that give effect to this article and
of any subsequent changes to such laws and regulations or a description thereof to the
Secretary-General of the United Nations.
6. If a State Party elects to make the taking of the measures referred to in paragraphs 1 and 2 of this
article conditional on the existence of a relevant treaty, that State Party shall consider this
Convention the necessary and sufficient treaty basis.

7. Cooperation under this article may be refused by a State Party if the offence to which the request
relates is not an offence covered by this Convention.
8. The provisions of this article shall not be construed to prejudice the rights of bona fide third
parties.
9. 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 14. Disposal of confiscated proceeds of crime or property
1. Proceeds of crime or property confiscated by a State Party pursuant to articles 12 or 13,
paragraph 1, of this Convention shall be disposed of by that State Party in accordance with its
domestic law and administrative procedures.
2. When acting on the request made by another State Party in accordance with article 13 of this
Convention, States Parties shall, to the extent permitted by domestic law and if so requested, give
priority consideration to returning the confiscated proceeds of crime or property to the requesting
State Party so that it can give compensation to the victims of the crime or return such proceeds of
crime or property to their legitimate owners.
3. When acting on the request made by another State Party in accordance with articles 12 and 13 of
this Convention, a State Party may 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 the account designated in accordance
with article 30, paragraph 2 c), of this Convention and to intergovernmental bodies specializing
in the fight against organized crime;
b) Sharing with other States Parties, on a regular or case-by-case basis, such proceeds of crime
or property, or funds derived from the sale of such proceeds of crime or property, in
accordance with its domestic law or administrative procedures.
Article 15. Jurisdiction
1. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over
the offences established in accordance with articles 5, 6, 8 and 23 of 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 the time that the offence is
committed.
2. Subject to article 4 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;
b) The offence is committed by a national of that State Party or a stateless person who has his or
her habitual residence in its territory; or
c) The offence is:
(i) One of those established in accordance with article 5, paragraph 1, of this Convention and
is committed outside its territory with a view to the commission of a serious crime within its
territory;
(ii) One of those established in accordance with article 6, paragraph 1 b) (ii), of this
Convention and is committed outside its territory with a view to the commission of an
offence established in accordance with article 6, paragraph 1 a) (i) or (ii) or b) (i), of this
Convention within its territory.
3. For the purposes of article 16, paragraph 10, of this Convention, each State Party shall adopt

such measures as may be necessary to establish its jurisdiction over the offences covered by this
Convention when the alleged offender is present in its territory and it does not extradite such
person solely on the ground that he or she 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 covered by this Convention when the alleged offender is present in its territory
and it does not extradite him or her.
5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or
has otherwise learned, that one or more 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 does not exclude the
exercise of any criminal jurisdiction established by a State Party in accordance with its domestic
law.
Article 16. Extradition
1. This article shall apply to the offences covered by this Convention or in cases where an offence
referred to in article 3, paragraph 1 a) or b), involves an organized criminal group and the person
who is the subject of the request for extradition is located in the territory of the requested State
Party, provided that the offence for which extradition is sought is punishable under the domestic
law of both the requesting State Party and the requested State Party.
2. If the request for extradition includes several separate serious crimes, some of which are not
covered by this article, the requested State Party may apply this article also in respect of the latter
offences.
3. 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.
4. 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.
5. States Parties that make extradition conditional on the existence of a treaty shall:
a) At the time of deposit of their instrument of ratification, acceptance, approval of or accession to
this Convention, inform the Secretary-General of the United Nations whether they will take this
Convention as the legal basis for cooperation on extradition with other States Parties to this
Convention; and
b) If they do not take this Convention as the legal basis for cooperation on extradition, seek,
where appropriate, to conclude treaties on extradition with other States Parties to this
Convention in order to implement this article.
6. States Parties that do not make extradition conditional on the existence of a treaty shall recognize
offences to which this article applies as extraditable offences between themselves.
7. Extradition shall be subject to the conditions provided for by the domestic law of the requested
State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the
minimum penalty requirement for extradition and the grounds upon which the requested State
Party may refuse extradition.
8. 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.

9. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party
may, upon being satisfied that the circumstances so warrant and are urgent and at the request of
the requesting State Party, take a person whose extradition is sought and who is present in its
territory into custody or take other appropriate measures to ensure his or her presence at
extradition proceedings.
10. A State Party in whose territory an alleged offender is found, if it does not extradite such person in
respect of an offence to which this article applies solely on the ground that he or she is one of its
nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case
without undue delay to its competent authorities for the purpose of prosecution. Those authorities
shall take their decision and conduct their proceedings in the same manner as in the case of any
other offence of a grave nature under the domestic law of that State Party. The States Parties
concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to
ensure the efficiency of such prosecution.
11. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender
one of its nationals only upon the condition that the person will be returned to that State Party to
serve the sentence imposed as a result of the trial or proceedings for which the extradition or
surrender of the person was sought and that State Party and the State Party seeking the
extradition of the person agree with this option and other terms that they may deem appropriate,
such conditional extradition or surrender shall be sufficient to discharge the obligation set forth in
paragraph 10 of this article.
12. 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 Party shall, if its domestic law so permits
and in conformity with the requirements of such law, upon application of the requesting Party,
consider the enforcement of the sentence that has been imposed under the domestic law of the
requesting Party or the remainder thereof.
13. 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.
14. Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the
requested State Party has substantial grounds for believing that the request has been made for
the purpose of prosecuting or punishing a person on account of that person's sex, race, 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.
15. States Parties may not refuse a request for extradition on the sole ground that the offence is also
considered to involve fiscal matters.
16. 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.
17. States Parties shall seek to conclude bilateral and multilateral agreements or arrangements to
carry out or to enhance the effectiveness of extradition.
Article 17. Transfer of sentenced persons
States Parties may consider entering into bilateral or multilateral agreements or arrangements on the
transfer to their territory of persons sentenced to imprisonment or other forms of deprivation of liberty
for offences covered by this Convention, in order that they may complete their sentences there.
Article 18. Mutual legal assistance
1. States Parties shall afford one another the widest measure of mutual legal assistance in
investigations, prosecutions and judicial proceedings in relation to the offences covered by this

Convention as provided for in article 3 and shall reciprocally extend to one another similar
assistance where the requesting State Party has reasonable grounds to suspect that the offence
referred to in article 3, paragraph 1 a) or b), is transnational in nature, including that victims,
witnesses, proceeds, instrumentalities or evidence of such offences are located in the requested
State Party and that the offence involves an organized criminal group.
2. Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws,
treaties, agreements and arrangements of the requested State Party with respect to
investigations, prosecutions and judicial proceedings in relation to the offences for which a legal
person may be held liable in accordance with article 10 of this Convention in the requesting State
Party.
3. Mutual legal assistance to be afforded in accordance with this article may be requested for any of
the following purposes:
a)
b)
c)
d)
e)
f)

Taking evidence or statements from persons;
Effecting service of judicial documents;
Executing searches and seizures, and freezing;
Examining objects and sites;
Providing information, evidentiary items and expert evaluations;
Providing originals or certified copies of relevant documents and records, including
government, bank, financial, corporate or business records;
g) Identifying or tracing proceeds of crime, property, instrumentalities or other things for
evidentiary purposes;
h) Facilitating the voluntary appearance of persons in the requesting State Party;
i) Any other type of assistance that is not contrary to the domestic law of the requested State
Party.
4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior
request, transmit information relating to criminal matters to a competent authority in another State
Party where they believe that such information could assist the authority in undertaking or
successfully concluding inquiries and criminal proceedings or could result in a request formulated
by the latter State Party pursuant to this Convention.
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 competent authorities providing the
information. The competent authorities receiving the information shall comply with a request that
said information remain confidential, even temporarily, or with restrictions on its use. However, this
shall not prevent the receiving State Party from disclosing in its proceedings information that is
exculpatory to an accused person. In such a case, the receiving State Party shall notify the
transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting
State Party. If, in an exceptional case, advance notice is not possible, the receiving State Party
shall inform the transmitting State Party of the disclosure without delay.
6. The provisions of this article shall not affect the obligations under any other treaty, bilateral or
multilateral, that governs or will govern, in whole or in part, mutual legal assistance.
7. Paragraphs 9 to 29 of this article shall apply to requests made pursuant to this article if the States
Parties in question are not bound by a treaty of 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 9 to 29 of this article in lieu thereof. States Parties are strongly
encouraged to apply these paragraphs if they facilitate cooperation.
8. States Parties shall not decline to render mutual legal assistance pursuant to this article on the
ground of bank secrecy.
9. States Parties may decline to render mutual legal 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.

10. A person who is being detained or is serving a sentence in the territory of one State Party whose
presence in another State Party is requested for purposes of identification, testimony or otherwise
providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings
in relation to offences covered by this Convention may be transferred if the following conditions
are met:
a) The person freely gives his or her informed consent;
b) The competent authorities of both States Parties agree, subject to such conditions as those
States Parties may deem appropriate.
11. For the purposes of paragraph 10 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 from which the person was transferred as
agreed beforehand, or as otherwise agreed, by the competent authorities of both States
Parties;
c) The State Party to which the person is transferred shall not require the State Party from which
the person was transferred to initiate extradition proceedings for the return of the person;
d) The person transferred shall receive credit for service of the sentence being served in the
State from which he or she was transferred for time spent in the custody of the State Party to
which he or she was transferred.
12. Unless the State Party from which a person is to be transferred in accordance with paragraphs 10
and 11 of this article so agrees, that person, whatever his or her nationality, shall not be
prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty
in the territory of the State to which that person is transferred in respect of acts, omissions or
convictions prior to his or her departure from the territory of the State from which he or she was
transferred.
13. Each State Party shall designate a central authority that shall have the responsibility and power to
receive requests for mutual legal assistance and either to execute them or to transmit them to the
competent authorities for execution. Where a State Party has a special region or territory with a
separate system of mutual legal assistance, it may designate a distinct central authority that shall
have the same function for that region or territory. Central authorities shall ensure the speedy and
proper execution or transmission of the requests received. Where the central authority transmits
the request to a competent authority for execution, it shall encourage the speedy and proper
execution of the request by the competent authority. The Secretary-General of the United Nations
shall be notified of the central authority designated for this purpose at the time each State Party
deposits its instrument of ratification, acceptance or approval of or accession to this Convention.
Requests formutual legal assistance and any communication related thereto shall be transmitted
to the central authorities designated by the States Parties. This requirement shall be without
prejudice to the right of a State Party to require that such requests and communications be
addressed to it through diplomatic channels and, in urgent circumstances, where the States
Parties agree, through the International Criminal Police Organization, if possible.
14. Requests shall be made in writing or, where possible, by any means capable of producing a
written record, in a language acceptable to the requested State Party, under conditions allowing
that State Party to establish authenticity. The Secretary-General of the United Nations shall be
notified of the language or languages acceptable to each State Party at the time it deposits its
instrument of ratification, acceptance or approval of or accession to this Convention. In urgent
circumstances and where agreed by the States Parties, requests may be made orally, but shall be
confirmed in writing forthwith.
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

c)
d)
e)
f)

the request relates and the name and functions of the authority conducting the investigation,
prosecution or judicial proceeding;
A summary of the relevant facts, except in relation to requests for the purpose of service of
judicial documents;
A description of the assistance sought and details of any particular procedure that the
requesting State Party wishes to be followed;
Where possible, the identity, location and nationality of any person concerned; and
The purpose for which the evidence, information or action is sought.

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.
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.
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 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 video conference 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.
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 the requested State Party. Nothing in this
paragraph shall prevent the requesting State Party from disclosing in its proceedings information
or evidence that is exculpatory to an accused person. In the latter case, the requesting State Party
shall notify the requested State Party prior to the disclosure and, if so requested, consult with the
requested State Party. If, in an exceptional case, advance notice is not possible, the requesting
State Party shall inform the requested State Party of the disclosure without delay.
20. The requesting State Party may require that the requested State Party keeps confidential the fact
and substance of the request, except to the extent necessary to execute the request. If the
requested State Party cannot comply with the requirement of confidentiality, it shall promptly
inform the requesting State Party.
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. States Parties may not refuse a request for mutual legal assistance on the sole ground that the
offence is also considered to involve fiscal matters.
23. Reasons shall be given for any refusal of mutual legal assistance.
24. The requested State Party shall execute the request for mutual legal assistance as soon as
possible and shall take as full account as possible of any deadlines suggested by the requesting
State Party and for which reasons are given, preferably in the request. The requested State Party
shall respond to reasonable requests by the requesting State Party on progress of its handling of
the request. The requesting State Party shall promptly inform the requested State Party when the

assistance sought is no longer required.
25. 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.
26. Before refusing a request pursuant to paragraph 21 of this article or postponing its execution
pursuant to paragraph 25 of this article, the requested State Party shall consult with the requesting
State Party to consider whether assistance may be granted subject to such terms and conditions
as it deems necessary. If the requesting State Party accepts assistance subject to those
conditions, it shall comply with the conditions.
27. Without prejudice to the application of paragraph 12 of this article, a witness, expert or other
person who, at the request of the requesting State Party, consents to give evidence in a
proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the
requesting State Party shall not be prosecuted, detained, punished or subjected to any other
restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions
prior to his or her departure from the territory of the requested State Party. Such safe conduct
shall cease when the witness, expert or other person having had, for a period of fifteen
consecutive days or for any period agreed upon by the States Parties from the date on which he
or she has been officially informed that his or her presence is no longer required by the judicial
authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory of the
requesting State Party or, having left it, has returned of his or her own free will.
28. 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, the States Parties shall consult to determine the
terms and conditions under which the request will be executed, as well as the manner in which the
costs shall be borne.
29. 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, in part or subject to such
conditions as it deems appropriate, copies of any government records, documents or
information in its possession that under its domestic law are not available to the general public.
30. 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.
Article 19. Joint investigations
States Parties shall consider concluding bilateral or multilateral agreements or arrangements
whereby, in relation to matters that are the subject of 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 Parties involved shall ensure that the
sovereignty of the State Party in whose territory such investigation is to take place is fully respected.
Article 20. Special investigative techniques
1. If permitted by the basic principles of its domestic legal system, each State Party shall, within its
possibilities and under the conditions prescribed by its domestic law, take the necessary
measures to allow for the appropriate use of controlled delivery and, where it deems appropriate,
for the use of other special investigative techniques, such as electronic or other forms of
surveillance and undercover operations, by its competent authorities in its territory for the purpose
of effectively combating organized crime.
2. For the purpose of investigating the offences covered by this Convention, States Parties are

encouraged to conclude, when necessary, appropriate bilateral or multilateral agreements or
arrangements for using such special investigative techniques in the context of cooperation at the
international level. Such agreements or arrangements shall be concluded and implemented in full
compliance with the principle of sovereign equality of States and shall be carried out strictly in
accordance with the terms of those agreements or arrangements.
3. In the absence of an agreement or arrangement as set forth in paragraph 2 of this article,
decisions to use such special investigative techniques at the international level shall be made on a
case-by-case basis and may, when necessary, take into consideration financial arrangements and
understandings with respect to the exercise of jurisdiction by the States Parties concerned.
4. Decisions to use controlled delivery at the international level may, with the consent of the States
Parties concerned, include methods such as intercepting and allowing the goods to continue intact
or be removed or replaced in whole or in part.
Article 21. Transfer of criminal proceedings
States Parties shall consider the possibility of transferring to one another proceedings for the
prosecution of an offence covered by this Convention in cases where such transfer is considered to
be in the interests of the proper administration of justice, in particular in cases where several
jurisdictions are involved, with a view to concentrating the prosecution.
Article 22. Establishment of criminal record
Each State Party may adopt such legislative or other measures as may be necessary 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 covered by this Convention.
Article 23. Criminalization of obstruction of justice
Each State Party shall adopt such legislative and other measures as may be necessary to establish
as criminal offences, when committed intentionally:
a) The use of physical force, threats or intimidation or the promise, offering or giving of an undue
advantage to induce false testimony or to interfere in the giving of testimony or the production
of evidence in a proceeding in relation to the commission of offences covered by this
Convention;
b) The use of physical force, threats or intimidation to interfere with the exercise of official duties
by a justice or law enforcement official in relation to the commission of offences covered by
this Convention. Nothing in this subparagraph shall prejudice the right of States Parties to
have legislation that protects other categories of public officials.
Article 24. Protection of witnesses
1. Each State Party shall take appropriate measures within its means to provide effective protection
from potential retaliation or intimidation for witnesses in criminal proceedings who give testimony
concerning offences covered by this Convention 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, such as, to the extent
necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or
limitations on the disclosure of information concerning the identity and whereabouts of such
persons;
b) Providing evidentiary rules to permit witness testimony to be given in a manner that ensures
the safety of the witness, such as permitting testimony to be given through the use of
communications technology such as video links or other adequate means.

3. States Parties shall consider entering into agreements or arrangements with other 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.
Article 25. Assistance to and protection of victims
1. Each State Party shall take appropriate measures within its means to provide assistance and
protection to victims of offences covered by this Convention, in particular in cases of threat of
retaliation or intimidation.
2. Each State Party shall establish appropriate procedures to provide access to compensation and
restitution for victims of offences covered by this Convention.
3. Each State Party shall, subject to its domestic law, enable views and concerns of victims to be
presented and considered at appropriate stages of criminal proceedings against offenders in a
manner not prejudicial to the rights of the defence.
Article 26. Measures to enhance cooperation with law enforcement authorities
1. Each State Party shall take appropriate measures to encourage persons who participate or who
have participated in organized criminal groups:
a) To supply information useful to competent authorities for investigative and evidentiary
purposes on such matters as:
(i) The identity, nature, composition, structure, location or activities of organized criminal
groups;
(ii) Links, including international links, with other organized criminal groups;
(iii) Offences that organized criminal groups have committed or may commit;
b) To provide factual, concrete help to competent authorities that may contribute to depriving
organized criminal groups of their resources or of the proceeds of crime.
2. Each State Party shall consider providing for the possibility, in appropriate cases, of mitigating
punishment of an accused person who provides substantial cooperation in the investigation or
prosecution of an offence covered by this Convention.
3. Each State Party shall consider providing for the possibility, in accordance with fundamental
principles of its domestic law, of granting immunity from prosecution to a person who provides
substantial cooperation in the investigation or prosecution of an offence covered by this
Convention.
4. Protection of such persons shall be as provided for in article 24 of this Convention.
5. Where a person referred to in paragraph 1 of this article located in one State Party can provide
substantial cooperation to the competent authorities of another State Party, the States Parties
concerned may consider entering into agreements or arrangements, in accordance with their
domestic law, concerning the potential provision by the other State Party of the treatment set forth
in paragraphs 2 and 3 of this article.
Article 27. Law enforcement cooperation
1. States Parties shall cooperate closely with one another, consistent with their respective domestic
legal and administrative systems, to enhance the effectiveness of law enforcement action to
combat the offences covered by this Convention. Each State Party shall, in particular, adopt
effective measures:
a) To enhance and, where necessary, to establish channels of communication between their
competent authorities, agencies and services in order to facilitate the secure and rapid
exchange of information concerning all aspects of the offences covered by this Convention,

b)

c)
d)

e)

f)

including, if the States Parties concerned deem it appropriate, links with other criminal
activities;
To cooperate with other States Parties in conducting inquiries with respect to offences covered
by 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 the commission of such
offences;
(iii) The movement of property, equipment or other instrumentalities used or intended for use in
the commission of such offences;
To provide, when appropriate, necessary items or quantities of substances for analytical or
investigative purposes;
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;
To exchange information with other States Parties on specific means and methods used by
organized criminal groups, including, where applicable, routes and conveyances and the use
of false identities, altered or false documents or other means of concealing their activities;
To exchange information and coordinate administrative and other measures taken as
appropriate for the purpose of early identification of the offences covered by 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 Parties
may consider this Convention as the basis for mutual law enforcement cooperation in respect of
the offences covered by this Convention. Whenever appropriate, States Parties shall make full use
of agreements or arrangements, including international or regional organizations, to enhance the
cooperation between their law enforcement agencies.
3. States Parties shall endeavour to cooperate within their means to respond to transnational
organized crime committed through the use of modern technology.
Article 28. Collection, exchange and analysis of information on the nature of organized crime
1. Each State Party shall consider analysing, in consultation with the scientific and academic
communities, trends in organized crime in its territory, the circumstances in which organized crime
operates, as well as the professional groups and technologies involved.
2. States Parties shall consider developing and sharing analytical expertise concerning organized
criminal activities with each other and through international and regional organizations. For that
purpose, common definitions, standards and methodologies should be developed and applied as
appropriate.
3. Each State Party shall consider monitoring its policies and actual measures to combat organized
crime and making assessments of their effectiveness and efficiency.
Article 29. Training and technical assistance
1. Each State Party shall, to the extent necessary, initiate, develop or improve specific training
programmes for its law enforcement personnel, including prosecutors, investigating magistrates
and customs personnel, and other personnel charged with the prevention, detection and control of
the offences covered by this Convention. Such programmes may include secondments and
exchanges of staff. Such programmes shall deal, in particular and to the extent permitted by
domestic law, with the following:
a) Methods used in the prevention, detection and control of the offences covered by this
Convention;
b) Routes and techniques used by persons suspected of involvement in offences covered by this

Convention, including in transit States, and appropriate countermeasures;
c) Monitoring of the movement of contraband;
d) Detection and monitoring of the movements of proceeds of crime, property, equipment or other
instrumentalities and methods used for the transfer, concealment or disguise of such
proceeds, property, equipment or other instrumentalities, as well as methods used in
combating money-laundering and other financial crimes;
e) Collection of evidence;
f) Control techniques in free trade zones and free ports;
g) Modern law enforcement equipment and techniques, including electronic surveillance,
controlled deliveries and undercover operations;
h) Methods used in combating transnational organized crime committed through the use of
computers, telecommunications networks or other forms of modern technology; and
i) Methods used in the protection of victims and witnesses.
2. States Parties shall assist one another in planning and implementing research and training
programmes designed to share expertise in the areas referred to in paragraph 1 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, including the
special problems and needs of transit States.
3. States Parties shall promote training and technical assistance that will facilitate extradition and
mutual legal assistance. Such training and technical assistance may include language training,
secondments and exchanges between personnel in central authorities or agencies with relevant
responsibilities.
4. In the case of existing bilateral and multilateral agreements or arrangements, States Parties shall
strengthen, to the extent necessary, efforts to maximize operational and training activities within
international and regional organizations and within other relevant bilateral and multilateral
agreements or arrangements.
Article 30. Other measures: implementation of the Convention through economic development
and technical assistance
1. States Parties shall take measures conducive to the optimal implementation of this Convention to
the extent possible, through international cooperation, taking into account the negative effects of
organized crime on society in general, in particular on sustainable development.
2. States Parties shall make concrete efforts to the extent possible and in coordination with each
other, as well as with international and regional organizations:
a) To enhance their cooperation at various levels with developing countries, with a view to
strengthening the capacity of the latter to prevent and combat transnational organized crime;
b) To enhance financial and material assistance to support the efforts of developing countries to
fight transnational organized crime effectively and to help them implement this Convention
successfully;
c) To provide technical assistance to developing countries and countries with economies in
transition to assist them in meeting their needs for the implementation of this Convention. To
that end, States Parties shall endeavour to make adequate and regular voluntary contributions
to an account specifically designated for that purpose in a United Nations funding mechanism.
States Parties may also give special consideration, in accordance with their domestic law and
the provisions of this Convention, to contributing to the aforementioned account a percentage
of the money or of the corresponding value of proceeds of crime or property confiscated in
accordance with the provisions of this Convention;
d) To encourage and persuade other States and financial institutions as appropriate to join them
in efforts in accordance with this article, in particular by providing more training programmes
and modern equipment to developing countries in order to assist them in achieving the
objectives of this Convention.
3. To the extent possible, these measures shall be without prejudice to existing foreign assistance
commitments or to other financial cooperation arrangements at the bilateral, regional or

international level.
4. States Parties may conclude bilateral or multilateral agreements or arrangements on material and
logistical assistance, taking into consideration the financial arrangements necessary for the means
of international cooperation provided for by this Convention to be effective and for the prevention,
detection and control of transnational organized crime.
Article 31. Prevention
1. States Parties shall endeavour to develop and evaluate national projects and to establish and
promote best practices and policies aimed at the prevention of transnational organized crime.
2. States Parties shall endeavour, in accordance with fundamental principles of their domestic law, to
reduce existing or future opportunities for organized criminal groups to participate in lawful
markets with proceeds of crime, through appropriate legislative, administrative or other measures.
These measures should focus on:
a) The strengthening of cooperation between law enforcement agencies or prosecutors and
relevant private entities, including industry;
b) The promotion of the development of standards and procedures designed to safeguard the
integrity of public and relevant private entities, as well as codes of conduct for relevant
professions, in particular lawyers, notaries public, tax consultants and accountants;
c) The prevention of the misuse by organized criminal groups of tender procedures conducted by
public authorities and of subsidies and licences granted by public authorities for commercial
activity;
d) The prevention of the misuse of legal persons by organized criminal groups; such measures
could include:
(i) The establishment of public records on legal and natural persons involved in the
establishment, management and funding of legal persons;
(ii) The introduction of the possibility of disqualifying by court order or any appropriate means
for a reasonable period of time persons convicted of offences covered by this Convention
from acting as directors of legal persons incorporated within their jurisdiction;
(iii) The establishment of national records of persons disqualified from acting as directors of
legal persons; and
(iv) The exchange of information contained in the records referred to in subparagraphs d) (i)
and (iii) of this paragraph with the competent authorities of other States Parties.
3. States Parties shall endeavour to promote the reintegration into society of persons convicted of
offences covered by this Convention.
4. States Parties shall endeavour to evaluate periodically existing relevant legal instruments and
administrative practices with a view to detecting their vulnerability to misuse by organized criminal
groups.
5. States Parties shall endeavour to promote public awareness regarding the existence, causes and
gravity of and the threat posed by transnational organized crime. Information may be disseminated
where appropriate through the mass media and shall include measures to promote public
participation in preventing and combating such crime.
6. Each State Party shall inform the Secretary-General of the United Nations of the name and
address of the authority or authorities that can assist other States Parties in developing measures
to prevent transnational organized crime.
7. States Parties shall, as appropriate, collaborate with each other and relevant international and
regional organizations in promoting and developing the measures referred to in this article. This
includes participation in international projects aimed at the prevention of transnational organized
crime, for example by alleviating the circumstances that render socially marginalized groups
vulnerable to the action of transnational organized crime.

Article 32. Conference of the Parties to the Convention
1. A Conference of the Parties to the Convention is hereby established to improve the capacity of
States Parties to combat transnational organized crime and to promote and review the
implementation of this Convention.
2. The Secretary-General of the United Nations shall convene the Conference of the Parties not later
than one year following the entry into force of this Convention. The Conference of the Parties shall
adopt rules of procedure and rules governing the activities set forth in paragraphs 3 and 4 of this
article (including rules concerning payment of expenses incurred in carrying out those activities).
3. The Conference of the Parties shall agree upon mechanisms for achieving the objectives
mentioned in paragraph 1 of this article, including:
a) Facilitating activities by States Parties under articles 29, 30 and 31 of this Convention,
including by encouraging the mobilization of voluntary contributions;
b) Facilitating the exchange of information among States Parties on patterns and trends in
transnational organized crime and on successful practices for combating it;
c) Cooperating with relevant international and regional organizations and non-governmental
organizations;
d) Reviewing periodically the implementation of this Convention;
e) Making recommendations to improve this Convention and its implementation.
4. For the purpose of paragraphs 3 (d) and (e) of this article, the Conference of the Parties shall
acquire the necessary knowledge of the measures taken by States Parties in implementing this
Convention and the difficulties encountered by them in doing so through information provided by
them and through such supplemental review mechanisms as may be established by the
Conference of the Parties.
5. Each State Party shall provide the Conference of the Parties with information on its programmes,
plans and practices, as well as legislative and administrative measures to implement this
Convention, as required by the Conference of the Parties.
Article 33. Secretariat
1. The Secretary-General of the United Nations shall provide the necessary secretariat services to
the Conference of the Parties to the Convention.
2. The secretariat shall:
a) Assist the Conference of the Parties in carrying out the activities set forth in article 32 of this
Convention and make arrangements and provide the necessary services for the sessions of
the Conference of the Parties;
b) Upon request, assist States Parties in providing information to the Conference of the Parties
as envisaged in article 32, paragraph 5, of this Convention; and
c) Ensure the necessary coordination with the secretariats of relevant international and regional
organizations.
Article 34. Implementation of the Convention
1. Each State Party shall take the necessary measures, including legislative and administrative
measures, in accordance with fundamental principles of its domestic law, to ensure the
implementation of its obligations under this Convention.
2. The offences established in accordance with articles 5, 6, 8 and 23 of this Convention shall be
established in the domestic law of each State Party independently of the transnational nature or
the involvement of an organized criminal group as described in article 3, paragraph 1, of this
Convention, except to the extent that article 5 of this Convention would require the involvement of
an organized criminal group.

3. Each State Party may adopt more strict or severe measures than those provided for by this
Convention for preventing and combating transnational organized crime.
Article 35. Settlement of disputes
1. States Parties shall endeavour to settle disputes concerning the interpretation or application of this
Convention through negotiation.
2. Any dispute between two or more States Parties concerning the interpretation or application of this
Convention that cannot be settled through negotiation within a reasonable time shall, at the
request of one of those States Parties, be submitted to arbitration. If, six months after the date of
the request for arbitration, those States Parties are unable to agree on the organization of the
arbitration, any one of those States Parties may refer the dispute to the International Court of
Justice by request in accordance with the Statute of the Court.
3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession
to this Convention, declare that it does not consider itself bound by paragraph 2 of this article. The
other States Parties shall not be bound by paragraph 2 of this article with respect to any State
Party that has made such a reservation.
4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at
any time withdraw that reservation by notification to the Secretary-General of the United Nations.
Article 36. Signature, ratification, acceptance, approval and accession
1. This Convention shall be open to all States for signature from 12 to 15 December 2000 in
Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December
2002.
2. This Convention shall also be open for signature by regional economic integration organizations
provided that at least one member State of such organization has signed this Convention in
accordance with paragraph 1 of this article.
3. This Convention is subject to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary-General of the United Nations. A
regional economic integration organization may deposit its instrument of ratification, acceptance or
approval if at least one of its member States has done likewise. In that instrument of ratification,
acceptance or approval, such organization shall declare the extent of its competence with respect
to the matters governed by this Convention. Such organization shall also inform the depositary of
any relevant modification in the extent of its competence.
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 this Convention. Instruments of
accession shall be deposited with the Secretary-General of the United Nations. At the time of its
accession, a regional economic integration organization shall declare the extent of its competence
with respect to matters governed by this Convention. Such organization shall also inform the
depositary of any relevant modification in the extent of its competence.
Article 37. Relation with protocols
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 this Convention, taking into
account the purpose of that protocol.

Article 38. Entry into force
1. This Convention shall enter into force on the ninetieth day after the date of deposit of the fortieth
instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph,
any instrument deposited by a regional economic integration organization shall not be counted as
additional to those deposited by member States of such organization.
2. For each State or regional economic integration organization ratifying, accepting, approving or
acceding to this Convention after the deposit of the fortieth instrument of such action, this
Convention shall enter into force on the thirtieth day after the date of deposit by such State or
organization of the relevant instrument.
Article 39. Amendment
1. After the expiry of five years from the entry into force of this Convention, a State Party may
propose an amendment and file it with the Secretary-General of the United Nations, who shall
thereupon communicate the proposed amendment to the States Parties and to the Conference of
the Parties to the Convention for the purpose of considering and deciding on the proposal. The
Conference of the Parties shall make every effort to achieve consensus on each amendment. If all
efforts at consensus have been exhausted and no agreement has been reached, the amendment
shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties
present and voting at the meeting of the Conference of the Parties.
2. Regional economic integration organizations, in matters within their competence, shall exercise
their right to vote under this article with a number of votes equal to the number of their member
States that are Parties to this Convention. Such organizations shall not exercise their right to vote
if their member States exercise theirs and vice versa.
3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification,
acceptance or approval by States Parties.
4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in
respect of a State Party ninety days after the date of the deposit with the Secretary-General of the
United Nations of an instrument of ratification, acceptance or approval of such amendment.
5. When an amendment enters into force, it shall be binding on those States Parties which have
expressed their consent to be bound by it. Other States Parties shall still be bound by the
provisions of this Convention and any earlier amendments that they have ratified, accepted or
approved.
Article 40. Denunciation
1. A State Party may denounce this Convention by written notification to the Secretary-General of the
United Nations. Such denunciation shall become effective one year after the date of receipt of the
notification by the Secretary-General.
2. A regional economic integration organization shall cease to be a Party to this Convention 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 41. Depositary and languages
1. The Secretary-General of the United Nations is designated depositary of this Convention.
2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United
Nations.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed this Convention.