On Ratification of the International Convention for the Suppression of the Circulation of Pornographic Publications and Trade in Them, concluded in Geneva on September 12, 1923, as amended by the Protocol signed in Lake Success, New York, on November 12, 1947

Law of the Republic of Kazakhstan dated May 21, 2013 No. 96-V

     To ratify The International Convention for the Suppression of the Circulation of Pornographic Publications and Trade in Them, concluded in Geneva on September 12, 1923, as amended by the Protocol signed in Lake Success, New York, on November 12, 1947, with the following reservation: "The Republic of Kazakhstan undertakes obligations to comply with article 5 of this Convention only within the framework of the current national legislation."  

     President of the Republic of Kazakhstan N. NAZARBAYEV

  International Convention1 for the Suppression of the Circulation of and Trade in Pornographic Publications, concluded at Geneva on September 12, 1923, as amended by the Protocol signed at Lake Success, New York, on November 12, 1947.3

  Article 1

     The High Contracting Parties agree to take all possible measures to uncover, prosecute and punish anyone who is found guilty of any of the actions listed below, and therefore agree that they will be punished.:       1) production or storage of works, drawings, engravings, paintings, printed publications, images, posters, emblems, photographs, cinematographic films or other pornographic objects, for the purpose of their sale or distribution or their public display;       2) importation, transportation, export personally or through another person for the above purposes of all the pornographic materials or objects listed above, or their release into circulation in one way or another; 3) conducting or participating in business, public or private, related to any of the listed pornographic materials or objects, or committing any kind of any kind of operations, their distribution, public display, or doing business for the purpose of rental;       4) advertising or publicizing in any way, in order to promote trafficking or trade that is subject to prosecution, that any person is engaged in one of the above-mentioned punishable acts, announcing or publicizing how and through whom the above-mentioned pornographic materials and objects can be obtained, either directly or through intermediaries.

     ____________________ _1 Entered into force on February 2, 1950, from the date of entry into force of the amendments thereto, as provided for in § 2 art. V of the Protocol of November 12, 1947.        States Parties in accordance with the Protocol amendments:  

Afghanistan Albania Australia Belgium Burma Canada China Czechoslovakia Denmark

Egypt Finland Guatemala Hungary India Italy Mexico Netherlands New Zealand

Norway Pakistan Turkey South African Union The Union of Soviet Socialist Republics United Kingdom Yugoslavia

     2 League of Nations, List of Treaties, Volume XXVII, page 213; Volume XXXI, page 260; Volume XXXV, page 314; Volume XXXIX, page 190; Volume XLV, page 122; Volume LIV, page 391; Volume LIX, page 357; Volume LXXXIII, page 394; Volume LXXXVIII, page 313; Volume XCII, page 368; Volume XCVI, page 191; Volume C, page 211; Volume CXI, page 403; Volume CXXVI, page 433; Volume CXLII, page 341; Volume CLII, page 294; Volume CLVI, page 186; Volume CLX, page 335; Volume CLXIV, page 361; Volume CLXXII, page 398; Volume CLXXXI, page 357; Volume CXCVII, page 295 and Volume CC, page 501.       3 See page 169 of the specified volume

  Article 2

     Persons who commit one of the offences provided for in article 1 will be subject to the jurisdiction of the courts of the Contracting Party in whose territory either the offence itself or one of the elements constituting the offence was committed. They will be equally subject to the jurisdiction, if its legislation allows it, of the courts of the Contracting Party of which they are nationals, if they are found there, even if the elements constituting the offense were committed outside its territory.       Each Contracting Party should, however, apply the principle of non bis in idem in accordance with the provisions provided for in its legislation.

  Article 3

     The transfer of judicial orders relating to the offences specified in this Convention will be carried out:       1) through direct communication between judicial authorities; or 2) through a diplomatic or consular representative of the requesting country in the country to which the request is being made; this representative sends a court order directly to the competent judicial authorities or an authority authorized by the Government of the country to which the request is addressed, and receives documents directly from these authorities, confirming the execution of the court order.       In each of the above cases, a copy of the court order will be sent to the highest authorities of the country to which it is addressed; 3) or through diplomatic channels.       Each of the Contracting Parties shall notify each of the other Contracting Parties of the transfer method or methods listed above, which it will recognize as a judicial order from that Party.       Any difficulties that may arise in connection with the transfer in accordance with methods 1) and 2) of this article will be regulated through diplomatic channels.       Unless otherwise agreed, the court order must be presented either in the language of the authority to which the request is being sent, or in a language agreed upon between the two countries concerned, or it must be accompanied by a translation into one of these two languages, certified by a diplomatic or consular representative of the country sending the request or an interpreter of the country to which the request is being sent..       Execution of court orders is not subject to payment of taxes or any other expenses.       Nothing in this article can be interpreted as constituting an obligation on the part of the Contracting Parties to allow any deviations from their laws in relation to the system of evidence in the criminal field.

  Article 4

     The Contracting Parties, whose legislation is currently insufficient to effectively implement the provisions of this Convention, will take or propose to their respective legislative bodies the necessary measures for this purpose.

  Article 5

     The Contracting Parties, whose legislation currently does not sufficiently cover the objectives of the Convention, agree to provide provisions for conducting searches in places where it could be assumed that pornographic materials and objects referred to in this article are being produced or located for any of the purposes provided for in Article 1 or in violation of this article, and similarly, provide for their seizure, confiscation and destruction.

  Article 6

     The Contracting Parties agree that in the event of a violation of the provisions of Article 1 committed on the territory of one of them, when it can be assumed that the objects of the violation were manufactured on the territory or brought from the territory of the other Party, the appropriate authority, in accordance with the Agreement of May 4, 1910, immediately informs the authority of the other Party from whose country presumably such a material or item has been imported or manufactured and will provide him with comprehensive information at the same time that will allow him to take the necessary measures.

  Article 7

     This Convention, of which the French and English texts are authentic, shall be dated this date and, until March 31, 1924, shall be open for signature by any State represented at the Conference, by any member of the League of Nations and by any State to which the Council of the League of Nations transmits a copy of this Convention for this purpose.

  Article 8

     This Convention is subject to ratification. The instruments of ratification will be transmitted to the Secretary-General of the United Nations, who will notify the Member States of the United Nations and non-Member States to which copies of the Convention have been sent by the Secretary-General.       The Secretary-General of the United Nations shall immediately transmit to the Government of the French Republic a certified copy of each instrument relating to this Convention.       In accordance with the provisions of Article 18 of the Charter of the League of Nations, the Secretary-General will register this Convention on the date of its entry into force.

  Article 9

     Member States of the United Nations may accede to this Convention. The same applies to non-member States to which the United Nations Economic and Social Council decides to formally transmit this Convention.       The accession will be carried out by means of an act sent to the Secretary-General of the United Nations for safekeeping in the archives of the Secretariat. The Secretary-General will immediately notify the Members of the United Nations of this deposit, as well as the non-Member States to which the Secretary-General has sent a copy of the Convention.

  Article 10

     Ratification of this Convention, as well as accession to this Convention, without separate notification, will entail simultaneous and full adherence to the Agreement of May 4, 1910, which will enter into force on the same date as the Convention itself, throughout the territory of the ratifying or acceding State or Member of the United Nations.       This provision is applied without prejudice to the provisions of Article 4 of the aforementioned Agreement of May 4, 1910, which remains applicable if any State would prefer to accede exclusively to this Agreement.

Article 11

     This Convention shall enter into force on the thirtieth day following the receipt by the Secretary-General of the League of Nations of two instruments of ratification.

  Article 12

     This Convention may be denounced by written notification to the Secretary-General of the United Nations. The denunciation will be valid one year after the date of receipt of the notification by the Secretary-General and will be valid only in respect of the denouncing Member of the United Nations or the State.       The Secretary-General of the United Nations will notify each of the Members of the United Nations that have signed or acceded to the Convention, and other States participating or acceding, of each declaration of denunciation received by him.       The denunciation of this Convention will not thereby entail the simultaneous denunciation of the Agreement of May 4, 1910, unless this is specifically mentioned in the notification.

  Article 13

(Excluded)

  Article 14

     The Secretary-General of the United Nations will maintain a special list indicating which parties have signed, ratified, acceded to, or denounced this Convention. This list may be consulted at any time by any Member State of the United Nations or any non-Member State to which the Secretary-General has transmitted a copy of the Convention.       This list will be published regularly whenever possible.

  Article 15

     Any differences that may arise between the Contracting Parties in connection with the interpretation or application of this Convention, if they cannot be resolved directly by negotiations, will be referred for decision by the International Court of Justice. If the Parties to the dispute, or one of them, have not signed or accepted the Statute of the International Court of Justice, their disagreement will be referred, by agreement of the Parties, either to the International Court of Justice or to the Arbitral Tribunal.

  Article 16

     If five of the Signatories or Signatories request a revision of this Convention, the Economic and Social Council of the United Nations will convene a Conference for this purpose. In all cases, at the end of each five-year period, the Council will consider the expediency of such a convocation.

     I hereby certify that this text is an authentic translation into Russian of the International Convention for the Suppression of the Circulation of Pornographic Publications and Trade in Them, concluded in Geneva on September 12, 1923, as amended by the Protocol signed in Lake Success, New York, on November 12, 1947.  

     Deputy Chief of Staff of the Department of the Ministry of Internal Affairs of the Republic of Kazakhstan M. Abdyshev

  Agreement on the Suppression of the Circulation of Pornographic Publications between Great Britain, Austria and Hungary, Belgium, Brazil, Denmark, France, Germany, Italy, the Netherlands, Portugal, Russia, Spain, Switzerland and the United States, signed in Paris on May 4, 1910

     The Governments of the Powers listed below, motivated by the same desire to facilitate, within the limits of their respective legislations, the mutual communication of information for the purpose of tracing and suppressing offenses related to pornographic publications, decided to conclude an Agreement for this purpose and consequently appointed their representatives, who met at a conference in Paris from April 18 to May 4, 1910 and agreed on the following resolutions:

  Article I

     Each of the Contracting Governments undertakes to establish or designate a body authorized to: 1. Centralize any information that may facilitate the search for and suppression of acts that violate their domestic laws in relation to pornographic writings, drawings, images or objects, the components of which are of an international nature; 2. To provide any information that may prevent the import of publications or items referred to in the preceding paragraph, as well as to ensure or accelerate their withdrawal, all within the framework of domestic legislation; 3. To communicate laws that have already been issued, or will be issued in their States, in relation to the subject of this Agreement.       In accordance with this article, the Contracting Governments will inform each other, through the Government of the French Republic, of the competent authority they have designated.

  Article II

     The authority referred to in Article I will be able to communicate directly with the competent authority established in each of the other Contracting States.

  Article III

     The authority referred to in article I will be obliged, if the domestic legislation of its country does not contradict this, to provide information on sentences imposed in that country to the competent authorities of all other Contracting States, since this will relate to the offences provided for in article I.

  Article IV

     States that are not parties to the Agreement are allowed to participate in this Agreement. They will notify this intention by means of an act, which will be deposited in the archives of the Government of the French Republic, which will send a certified copy of this act to each of the Contracting States by diplomatic means and inform them at the same time of the date of deposit. Six months after this date, the Agreement will enter into force throughout the territory of the acceding State, which thus becomes a Contracting State..

  Article V

     This Agreement will enter into force six months after the date of deposit of the instruments of ratification.       In the event that one of the Contracting States withdraws from the Agreement, this denunciation will be effective only in respect of that State.       The denunciation will be notified by means of an act, which will be deposited in the archives of the Government of the French Republic, which will send diplomatically certified copies of the act to each of the Contracting States and inform them at the same time of the date of deposit.       Twelve months after this date, the Agreement will cease to be in force throughout the territory of the denounced State.

  Article VI

     This Agreement is subject to ratification, and the instruments of ratification will be deposited in Paris as soon as six of the Contracting States are in a position to do so.       A Protocol will be drawn up regarding any delivery of instruments of ratification, a certified copy of which will be transmitted through diplomatic channels to each of the Contracting States.

  Article VII

     If one of the Contracting States wishes this Agreement to enter into force for one or more of its colonies, possessions, or judicial consular districts, it shall for this purpose notify its intention by means of an act which shall be deposited in the archives of the Government of the French Republic, which shall diplomatically send a certified copy of this act to each of the Contracting States. states and will inform them at the same time of the date of its delivery.       Six months after this date, the Agreement will enter into force in the colonies, possessions and judicial consular districts specified in the notification act.       The denunciation of this Agreement by one of the Contracting States in respect of one or more of its colonies, possessions or judicial consular districts will be carried out in accordance with the form and conditions specified in paragraph 1 of this article. The denunciation will become effective twelve months after the date of the deposit of the act of denunciation in the archives of the Government of the French Republic.

  Article VIII

     This Agreement, which will be dated May 4, 1910, may be signed in Paris before July 31 of this year by the authorized Powers represented at the Conference on the suppression of the circulation of pornographic publications.       Signed in Paris on May 4, 1910, in a single copy, a certified copy of which will be issued to each of the signatory Governments.

(Signatures)

     I hereby certify that this text is an authentic translation into Russian of the Agreement on the Suppression of the Circulation of Pornographic Publications between Great Britain, Austria and Hungary, Belgium, Brazil, Denmark, France, Germany, Italy, the Netherlands, Portugal, Russia, Spain, Switzerland and the United States, signed in Paris on May 4, 1910.

     Deputy Chief of Staff of the Department of the Ministry of Internal Affairs of the Republic of Kazakhstan M. Abdyshev

President    

Republic of Kazakhstan     

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