On the accession of the Republic of Kazakhstan to the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol on Amendments to the Single Convention on Narcotic Drugs of 1961
Law of the Republic of Kazakhstan dated July 1, 1998 No. 257
The Republic of Kazakhstan to accede to the Single Convention on Narcotic Drugs, adopted in New York on March 30, 1961, as amended by the 1972 Protocol on Amendments to the Single Convention on Narcotic Drugs. Convention on Narcotic Drugs of 1961.
President
Republic of Kazakhstan
The Single Convention
about narcotic drugs
(New York, March 30, 1961)*
(the text is unofficial)
The preamble
Sides,
Concerned about the health and well-being of mankind, Recognizing that the use of narcotic drugs in medicine continues to be necessary to alleviate pain and suffering and that appropriate measures must be taken to meet the need for narcotic drugs for such purposes, Recognizing that drug addiction is a serious evil for individuals and is fraught with social and economic danger for humanity, aware of its It is our duty to prevent and combat this evil., Bearing in mind that effective measures against drug abuse require coordinated and universal measures, realizing that such universal measures require international cooperation guided by the same principles and aimed at achieving common goals, recognizing the competence of the United Nations in the field of drug control and desiring that interested international bodies be within the framework of this Organizations wishing to conclude a generally acceptable international convention, Replacing the existing treaties on narcotic drugs that restrict the use of narcotic drugs for medical and scientific purposes and provide for continued international cooperation and monitoring to implement these principles and objectives, hereby agreed as follows:
Article 1 Definitions 1. Unless explicitly stated otherwise in individual cases or the context requires otherwise, the following definitions apply to all provisions of the Convention: (a) "Committee" means the International Narcotics Control Board. b) "Cannabis" means the tops of the cannabis plant with flowers or fruits (excluding seeds and leaves, if they are not accompanied by tips) from which resin has not been extracted, whatever their name. c) "Cannabis plant" means any plant of the genus Cannabis. d) "Cannabis resin" means a separated resin, unpeeled or purified, obtained from the cannabis plant. e) "Coca bush" means a plant of any kind of the genus Erythrocolor. (e) "Coca leaf" means the leaf of a coca bush, with the exception of leaves from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed. g) "Commission" means the Commission on Narcotic Drugs of the Council. (h) "Council" means the Economic and Social Council of the United Nations. (i) "Cultivation" means the cultivation of the opium poppy, coca bush or cannabis plant. (k) "Narcotic drug" means any of the substances included in Schedules I and II, whether natural or synthetic. (k) "General Assembly" means the General Assembly of the United Nations. (m) "Illicit trafficking" means the cultivation or any act of drug trafficking in violation of the provisions of this Convention. h) "Import" and "export" mean, in their respective semantic shades, the physical movement of narcotic drugs from the borders of one State to the borders of another State or from the borders of one territory to the borders of another territory of the same State. (o) "Manufacture" means all processes, with the exception of production, by which narcotic drugs can be obtained, including refining, as well as the conversion of narcotic drugs into other narcotic drugs. (p) "Medical opium" means opium that has undergone the treatment necessary for its use for medical purposes. p) "Opium" means the curdled juice of the opium poppy. (c) "Opium poppy" means a plant of the Papaver genus. (t) "Poppy straw" means all parts (except seeds) of the mown opium poppy. y) "Drug" means a mixture, solid or liquid, which contains some kind of narcotic drug. (f) "Production" means the separation of opium, coca leaves, cannabis and cannabis resin from the plants from which or from which they are derived. (x) "List I", "List II", "List III" and "List IV" mean, respectively, the numbered lists of narcotic drugs or preparations annexed to this Convention, as amended from time to time in accordance with article 3. (c) "Secretary-General" means The Secretary-General of the United Nations. h) "Special stocks" means quantities of narcotic drugs located within a country or territory at the disposal of the Government of that country or territory for special government purposes, as well as in exceptional circumstances; the expression "special purposes" is understood accordingly. (w) "Stocks" means quantities of narcotic drugs located in a country or territory and intended for: (i) consumption within that country or territory for medical and scientific purposes, or (ii) use within the country or territory for the manufacture of narcotic drugs and other substances, or (III) Exports, but do not include quantities of narcotic drugs in the possession of: (iv) Retail pharmacists or other duly authorized retailers within a given country or territory, as well as institutions or qualified persons in the exercise of therapeutic or scientific functions for which they are duly authorized, or (V) in the form of "special stocks". (h) "Territory" means any part of a State considered as a separate entity for the purposes of applying the system of import certificates and export permits provided for in article 31. This definition does not apply to the concept of "territory" as used in articles 42 and 46.2. For the purposes of this Convention, a narcotic drug is considered to be "consumed" if it has been delivered to any person or enterprise for retail distribution, medical use or for scientific research; the term "consumption" is understood accordingly.
Article 2 Substances to be controlled 1. With the exception of control measures whose use is limited to specifically designated narcotic drugs, narcotic drugs included in Schedule I are subject to all control measures applicable to narcotic drugs under this Convention, and in particular those prescribed in Articles 4 (b), 19, 20, 21, 29, 30, 31, 32, 33, 34 and 37.2. Narcotic substances included in Schedule II are subject to the same control measures as narcotic drugs included in Schedule I, with the exception of the measures prescribed in paragraphs 2 and 5 of Article 30 in relation to retail trade. 3. Drugs, with the exception of those included in Schedule III, are subject to the same control measures as the narcotic drugs they contain, but the submission of separate calculations (Article 19) and statistical information (Article 20), in addition to those provided for these narcotic drugs, is not required, in the case of such drugs, and Subparagraph 2 (c) of article 29 and paragraph 1 (b) (II) of article 30 may not apply. 4. Drugs included in Schedule III are subject to the same control measures as drugs containing narcotic drugs included in Schedule II, except that subparagraph 1 (b) and paragraphs 3 to 15 of Article 31 may not apply and that for the purposes of calculations (Article 19) and statistical information (Article 20) The required information is limited to the quantities of narcotic drugs used to manufacture such drugs. 5. Narcotic drugs included in Schedule IV are also included in Schedule I and are subject to all control measures applicable to narcotic drugs in this latter list, and in addition: (a) Each Party shall take any special control measures that it considers necessary, given the particularly dangerous properties of any substance so included. narcotic drugs, and b) each Party, if, in its opinion, the conditions existing in its country make it the most appropriate way to protect public health and well-being, prohibits the production, manufacture of, export and import of any such narcotic drug, trade in it and its storage or use, with the exception of only quantities that may be necessary for medical and scientific research, including clinical trials conducted under the direct supervision and control of this Party or subject to such direct supervision and control. 6. In addition to the control measures applied to all narcotic drugs included in Schedule I, opium is subject to the provisions of articles 23 and 24, coca leaves are subject to the provisions of articles 26 and 27, and cannabis is subject to the provisions of article 28.7. Opium poppy, coca bush, cannabis plant, poppy straw and cannabis leaves are subject to the control measures provided for in articles 22-24; 22, 26 and 27; 22 and 28; 25; and 28.8, respectively. The Parties shall do their utmost to apply such surveillance measures as may be practicable to substances not covered by this Convention, but which may be used for the illicit manufacture of narcotic drugs. 9. The Parties are not obliged to apply the provisions of this Convention to narcotic drugs that are commonly used in industry for purposes other than medical and scientific purposes, provided that: (a) they ensure, through appropriate denaturation methods or other means, that narcotic drugs used in this way cannot be abused or cause harmful effects (paragraph 3 Article 3), as well as so that harmful substances cannot be practically extracted from them.; and b) they include in the statistical information provided by them (Article 20) the quantity of each narcotic used in this way.
Article 3 Changes in the scope of control 1. In cases where a Party or the World Health Organization has information that, in their opinion, may require a change in any of the lists, they shall notify the Secretary-General and provide him with this information in confirmation of the notification. 2. The Secretary-General shall transmit this notification and any information he considers relevant to the Parties, the Commission and, if notified by a Party, the World Health Organization. 3. In cases where the notification concerns a substance not yet included in Schedule I or Schedule II: (I) The Parties shall consider, in the light of available information, the possibility of temporarily applying to the substance all control measures applicable to narcotic drugs included in Schedule I.; (II) Pending its decision, as provided for in subparagraph (III) of this paragraph, the Commission may decide that the Parties temporarily apply to this substance all control measures applicable to narcotic drugs included in Schedule I. The Parties temporarily apply such measures to the substance in question.; (III) If the World Health Organization finds that the substance in question is capable of being the subject of similar abuse and causing similar harmful effects as narcotic drugs included in Schedule I or Schedule II, or that it can be converted into a narcotic drug, it shall communicate its opinion to the Commission, which may, in accordance with As recommended by the World Health Organization, decide that this substance should be added to Schedule I or Schedule II. 4. If the World Health Organization finds that a drug, due to the substances contained in it, is not capable of being abused and cannot cause harmful effects (paragraph 3) and that the narcotic drug contained in it cannot be easily extracted, the Commission may, in accordance with the recommendation of the World Health Organization, add this drug to List III. 5. If the World Health Organization finds that a narcotic drug included in Schedule I is particularly capable of being abused and causing harmful effects (paragraph 3) and that this ability is not offset by significant therapeutic benefits that substances other than narcotic drugs included in Schedule IV do not possess, the Commission may, in accordance with with the recommendation of the World Health Organization, add this narcotic drug to Schedule IV. 6. In cases where the notification concerns a narcotic drug already included in Schedule I or Schedule II, or a drug included in Schedule III, the Commission, in addition to the measure provided for in paragraph 5, may, in accordance with the recommendation of the World Health Organization, amend any of the lists: (a) by postponing which- any narcotic drug from List I to List II or from List II to List I; or b) by excluding any narcotic drug or drug, as appropriate, from any list. 7. Any decision of the Commission taken pursuant to this article shall be communicated by the Secretary-General to all Member States of the United Nations, other States Parties to the Convention that are not members of the United Nations, the World Health Organization and the Committee. Such an order shall enter into force in respect of each of the Parties on the date of receipt of such notification, and the Parties shall thereafter take such measures as may be necessary on the basis of this Convention. 8. (a) Decisions of the Commission amending any of the lists are subject to review by the Council at the request of any Party within ninety days from the date of receipt of notification of this decision. The request for review is sent to the Secretary-General along with all relevant information on which the request for review is based. (b) The Secretary-General shall transmit copies of the request for review and relevant information to the Commission, the World Health Organization and all Parties, inviting them to submit their comments within ninety days. All comments received are submitted to the Council for consideration. c) The Council may approve, amend or cancel the Commission's resolutions, and the Council's decision is final. Notifications of the Council's decision are sent to all Member States of the United Nations, States parties to the Convention that are not Members of the United Nations, the Commission of the World Health Organization and the Committee. d) The initial decision of the Commission remains in force until the end of the review procedure. 9. Decisions of the Commission adopted in accordance with this article are not subject to the review procedure provided for in article 7.
Article 4 General obligations The Parties shall take such legislative and administrative measures as may be necessary to: a) enact and implement the provisions of this Convention within their own territories; b) cooperate with other States in implementing the provisions of this Convention.; and c) subject to the provisions of this Convention, limit the production, manufacture, export, import, distribution, trade, use and storage of narcotic drugs exclusively for medical and scientific purposes.
Article 5 International control bodies The Parties, recognizing the competence of the United Nations in relation to international drug control, agree to entrust the Commission on Narcotic Drugs of the Economic and Social Council and the International Narcotics Control Board with the functions assigned to them respectively under this Convention.
Article 6 Expenses of the international monitoring bodies The expenses of the Commission and the Committee shall be borne by the United Nations in a manner to be determined by the General Assembly. Parties that are not Members of the United Nations shall contribute to these costs such amounts as the General Assembly considers fair and which it determines from time to time in consultation with the Governments of those Parties.
Article 7 Review of the Commission's decisions and recommendations With the exception of decisions taken pursuant to article 3, any decision or recommendation adopted by the Commission pursuant to the provisions of this Convention shall be subject to approval or amendment by the Council or the General Assembly in the same manner as other decisions or recommendations of the Commission.
Article 8 Functions of the Commission The Commission has the authority to consider all matters related to the objectives of this Convention, and in particular: (a) to amend the Lists in accordance with article 3; (b) to draw the attention of the Committee to any circumstances that may be relevant to the functions of the Committee; (c) to make recommendations on the implementation of the objectives and provisions of this Convention, including research programs and the exchange of scientific and technical information; and d) to draw the attention of States that are not parties to the Convention to the decisions and recommendations that it adopts on the basis of this Convention, so that they consider taking measures in accordance with such decisions and recommendations.
Article 9 Composition of the Committee 1. The Committee shall consist of eleven members elected by the Council as follows: (a) three members with medical, pharmacological or pharmaceutical experience from a list of at least five persons designated by the World Health Organization, and (b) eight members from a list of persons designated by Member States of the United Nations The United Nations and non-member Parties of the United Nations. 2. The members of the Committee should be persons who, by virtue of their competence, impartiality and disinterest, will enjoy the general confidence. While they are in this position, they should not hold any position or engage in any activity that could damage their impartiality in the performance of their functions. The Council, in consultation with the Committee, shall take all necessary measures to ensure the full technical independence of the Committee in the performance of its functions. 3. The Council, taking due account of the principle of equitable geographical representation, takes into account the importance of including in the Committee, in a fair numerical ratio, persons with knowledge of the situation with narcotic drugs, both in producing, manufacturing, and consuming countries and associated with such countries.
Article 10 Terms of office and remuneration of members of the Committee 1. Members of the Committee shall serve for three years and may be re-elected. 2. The term of office of each member of the Committee expires on the eve of the first meeting of the Committee, at which his successor has the right to attend. 3. A member of the Committee who has not attended three consecutive sessions is considered to have resigned. 4. The Council, on the recommendation of the Committee, may remove from office any member of the Committee who has ceased to meet the conditions set out for membership in paragraph 2 of Article 9. To adopt such a recommendation, eight members of the Committee must vote for it. 5. If a vacancy occurs on the Committee during the term of office of a member of the Committee, the Council shall fill the vacancy as soon as possible and in accordance with the applicable provisions of Article 9, electing a new member for the remainder of that term. 6. The members of the Committee receive appropriate remuneration, the amount of which is determined by the General Assembly.
Article 11 Rules of procedure of the Committee 1. The Committee shall elect its Chairman and such other officers as it deems necessary and adopt its own rules of procedure. 2. The Committee meets as often as it deems necessary for the proper performance of its functions, but holds at least two sessions in each calendar year. 3. The quorum required at the meetings of the Committee consists of seven members.
Article 12 Application of the calculation system 1. The Committee shall establish the time limit or time limits and the procedure for submitting the calculations provided for in article 19 and shall establish sample forms for this purpose. 2. In respect of countries and territories to which this Convention does not apply, the Committee requests the Governments concerned to submit estimates in accordance with the provisions of this Convention. 3. If a State does not submit estimates for any of its Territories by the appointed date, these estimates shall be determined by the Committee, as far as possible. In establishing such estimates, the Committee shall, to the extent possible, do so in cooperation with the Government concerned. 4. The Committee reviews the estimates, including supplementary estimates, and may, with the exception of requirements for special purposes, require the submission of such information as it deems necessary for any country or territory on whose behalf the calculation was submitted in order to finalize the estimates or explain any statement contained therein. 5. The Committee shall approve estimates, including additional estimates, as soon as possible, or, with the consent of the Government concerned, may amend these estimates. 6. In addition to the reports referred to in article 15, the Committee shall, at a time fixed by it, but at least once a year, publish such information concerning estimates as it considers will facilitate the implementation of this Convention.
Article 13 Application of the statistical information system 1. The Committee shall determine the procedure and form of presentation of statistical information provided for in article 20 and establish sample forms for this purpose. 2. The Committee shall examine the information provided in order to determine whether the Party concerned or any other State has complied with the provisions of this Convention. 3. The Committee may request the provision of such further information as it deems necessary in order to supplement or explain the data contained in these statistics. 4. The competence of the Committee does not include expressing doubts or expressing its opinion on statistical information related to narcotic drugs required for special purposes.
Article 14 Measures taken by the Committee to ensure the implementation of the provisions of the Convention 1. (a) If, as a result of consideration of information submitted to it by Governments pursuant to the provisions of this Convention, or information communicated to it by United Nations bodies relevant to matters arising from those regulations, the Committee has reason to believe that the implementation of the objectives of this Convention is seriously jeopardized by a country's failure to comply The Committee has the right to request explanations from the Government of the country or territory in question. Subject to the Committee's right to draw the attention of the Parties, the Council and the Commission to the matters referred to in subparagraph (c) below, the Committee shall treat as confidential the request for information or the explanation of the Government provided for in this subparagraph. (b) After taking the measures provided for in subparagraph (a) above, the Committee may, if it deems it necessary, invite the Government concerned to take such corrective measures as are deemed necessary in the circumstances to comply with the provisions of this Convention. (c) If the Committee finds that the Government has not provided a satisfactory explanation in response to the proposal made to it under subparagraph (a) above, or has not taken any corrective measures that it was asked to take under subparagraph (b) above, it may draw the attention of the Parties, the Council and the Commission to this circumstance.. 2. By drawing the attention of the Parties, the Council and the Commission to any circumstance in accordance with subparagraph (c) of paragraph 1 above, the Committee may, if it deems such action necessary, recommend to the Parties to suspend the import of narcotic drugs, the export of narcotic drugs, or both, to or from a given country or territory., either for a specified period, or until the Committee finds the situation in the country or Territory satisfactory. The State concerned may refer the matter to the Council. 3. The Committee has the right to publish reports on any issues that have been the subject of consideration under the provisions of this article and forward them to the Council, which distributes them to all Parties. If the Committee publishes in such a report any decision made on the basis of this article or any relevant information, it shall also publish in it the opinion of the Government concerned, if the latter so requests. 4. If, in any case, the Committee's decision published on the basis of this article is not adopted unanimously, the minority opinions must be stated. 5. Any State shall be invited to attend a meeting of the Committee at which, in accordance with this article, a matter directly concerning it is being considered. 6. Decisions of the Committee taken on the basis of this article shall be taken by a two-thirds majority vote of all members of the Committee.
Article 15 Reports of the Committee 1. The Committee shall prepare an annual report on its work and such additional reports as it deems necessary, containing also an analysis of the estimates and statistics available to it and, where appropriate, a report on explanations, if any, provided by Governments or requested from them, together with any observations and recommendations which the Committee wishes to do. These reports are submitted to the Council through the Commission, which may make such comments as it deems necessary. 2. These reports are communicated to the Parties and then published.
The General Secretary. The Parties allow their unlimited distribution.
Article 16
The Secretariat
The secretariat shall provide services to the Commission and the Committee by the Secretary-General.
Article 17
Special management
The Parties will have special management for the purposes of the application
the provisions of this Convention.
Article 18 Information communicated by the Parties to the Secretary-General 1. The Parties shall provide the Secretary-General with information that may be requested by the Commission as necessary for the performance of its functions, in particular: (a) annual reports on the application of the Convention in their territories; (b) texts of all laws and regulations issued from time to time to implement this Convention; c) such data as the Commission indicates regarding cases of illicit trafficking, including data on each case of detected illicit trafficking, which may be important either because it provides guidance on the sources of narcotic drugs for illicit trafficking, or because of the quantities in question or the methods used by persons engaged in illicit trafficking d) the names and addresses of government agencies authorized to issue export permits or import certificates. 2. The Parties shall communicate the information referred to in the preceding paragraph in such a manner, within such time limits and on such forms as the Commission may propose.
Article 19 Calculation of requirements for narcotic drugs 1. The Parties shall submit to the Committee annually, for each of their territories, in the manner and in the form prescribed by the Committee, calculations on the forms sent to them on the following issues: (a) the quantity of narcotic drugs intended for consumption for medical and scientific purposes; (b) the quantity of narcotic drugs intended for manufacture other narcotic drugs, drugs included in Schedule III, and substances not covered by this Convention; (c) Stocks of narcotic drugs as of December 31 of the year to which the calculations relate; and (d) quantities of narcotic drugs required to replenish special stocks. 2. Subject to the deductions referred to in paragraph 3 of article 21, the total of calculations for each Territory and for each narcotic drug shall be made up of the sum of the quantities specified in subparagraphs (a), (b) and (d) of paragraph 1 of this article, with the addition of any quantity required to bring existing stocks as of December 31 of the previous year to the level of, determined in accordance with subparagraph (c) of paragraph 1. 3. Any State may, within a year, submit additional estimates explaining the circumstances that necessitated such calculations. 4. The Parties shall notify the Committee of the method used to determine the amounts shown in the calculations and of any changes to the specified method. 5. Taking into account the deductions specified in paragraph 3 of Article 21, the calculations should not be exceeded.
Article 20 Statistical information provided to the Committee 1. The Parties shall submit to the Committee, for each of their Territories, in the manner and in the form prescribed by the Committee, statistical information on forms sent by the Committee on the following issues: a) production or manufacture of narcotic drugs; b) use of narcotic drugs for the manufacture of other narcotic drugs, drugs included in Schedule III, and substances not covered by this Convention, as well as the use of poppy straw for the manufacture of narcotic drugs; c) consumption of narcotic drugs; d) import and export of narcotic drugs and poppy straw; e) seizure of narcotic drugs and their disposal; f) stocks of narcotic drugs as of December 31 of the year to which this information relates. 2. (a) Statistical information on the issues referred to in paragraph 1, with the exception of subparagraph (d), shall be compiled annually and submitted to the Committee no later than June 30 of the year following the year to which they relate. (b) Statistical information on the issues referred to in subparagraph (d) of paragraph 1 shall be compiled on a quarterly basis and submitted to the Committee within one month after the expiration of the quarter to which they relate. 3. In addition to the issues referred to in paragraph 1 of this article, the Parties may also, to the extent possible, provide the Committee with information on the areas (in hectares) cultivated for opium production for each of their Territories. 4. The Parties are not required to provide statistical information on special stocks, but provide separately information on narcotic drugs imported into a given country or territory or purchased in a given country or territory for special purposes, as well as on the quantities of narcotic drugs seized from special stocks to meet the needs of the civilian population.
Article 21 Restriction of manufacture and importation 1. The total quantities of each narcotic drug manufactured and imported by any country or territory during any year must not exceed the sum of the following quantities: a) the amount consumed, within the appropriate calculation, for medical and scientific purposes; b) the amount used, within the appropriate calculation, for the manufacture of other narcotic drugs, drugs listed in Schedule III and substances not covered by this Convention; (c) The quantity exported; (d) the quantity added to the stocks in order to bring them to the level specified in the relevant calculation; and (e) the quantity acquired, within the limits of the relevant calculation, for special purposes. 2. Any quantity that has been seized and released for legitimate use, as well as any quantity taken from special stocks for the needs of the civilian population, shall be deducted from the sum of the quantities specified in paragraph 1. 3. If the Committee finds that the quantity manufactured and imported in any given year exceeds the sum of the quantities specified in paragraph 1, minus any quantities required in paragraph 2 of this article, any surplus so determined and remaining at the end of the year shall be deducted in the following year from the quantities to be manufactured or imported, and from the total calculations, as defined in paragraph 2 of Article 19.4. (a) If it follows from the import and export statistics (article 20) that the quantity exported to a country or territory exceeds the total of the calculations for that country or territory, as defined in paragraph 2 of Article 19, with the addition of the quantities shown as exported and after deducting any excess, established in accordance with paragraph 3 of this article, the Committee may bring this fact to the attention of the States, which, in the opinion of the Committee, should be informed about it.; (b) Upon receipt of this notification, the Parties shall not permit any further export of the narcotic drug into that country or territory during that year, except: (i) in the case of additional estimates for that country or territory in respect of both the quantity imported in excess of the calculation and the required additional quantity, or (ii) exceptional cases where export, according to the Government of the exporting country, is necessary for the treatment of patients.
Article 22 Special provisions on cultivation In cases where existing conditions in a country or territory make the prohibition of the cultivation of opium poppy, coca bush or cannabis plant the most appropriate measure, in their opinion, to protect public health and well-being and to prevent the transfer of narcotic drugs into illicit traffic, the interested Party prohibits such cultivation.
Article 23 Government opium institutions 1. A Party authorizing the cultivation of opium poppies for opium production shall establish, if it has not already done so, and maintain one or more government institutions (hereinafter referred to in this Article as the "Institution") to perform the functions provided for in this article. 2. Each such Party shall apply the following regulations to the cultivation of opium poppies for the production of opium and to opium: (a) The Institution shall determine the areas and plots of land where the cultivation of opium poppies for the production of opium is permitted; (b) cultivation is permitted only to farmers licensed by the Institution; (c) each license shall specify the exact size of the land area on which cultivation is permitted; d) all farmers who cultivate opium poppies are required to donate all the opium they collect to the Institution. The Institution buys and takes actual possession of the harvested opium as soon as possible, but no later than four months after the end of harvesting; e) in respect of opium, the Institution has the exclusive right to import, export, wholesale and maintain stocks other than those owned by manufacturers of opium alkaloids, medical opium or opium preparations. The Parties are not obligated to extend this exclusive right to medical opium or opium preparations. 3. The governmental functions referred to in paragraph 2 are performed by a single government agency, if permitted by the Constitution of the Party concerned.
Article 24 Restriction of opium production for international trade 1. (a) If a Party intends to start opium production or increase existing production, it shall take into account the existing global demand for opium in accordance with calculations published by the Committee, so that opium production by that Party does not lead to an overproduction of opium in the world. (b) The Parties shall not permit the production of opium or an increase in existing opium production if, in their opinion, such production or increased production on their territory could lead to illicit trafficking in opium. 2. (a) Subject to paragraph 1, if a Party that did not produce opium for export on January 1, 1961, wishes to export its opium in quantities not exceeding 5 tons per year, it shall notify the Committee, providing with this notification information regarding: (i) the control system in force, as required by this Convention in respect of opium to be produced and exported, and (ii) the name of the country or countries to which, or to which, it intends to export that opium., and the Committee can either approve such a notification, or it can recommend that the Party in question not produce opium for export. (b) In cases where a Party other than the Parties referred to in paragraph 3 wishes to produce opium for export in quantities exceeding 5 tons per year, it shall notify the Council accordingly, providing with this notification relevant information, including information on: (I) the estimated quantities to be produced for export, (ii) the existing or planned control system for opium to be produced, and (iii) the name of the country or countries to which or, respectively, to which it intends to export this opium, and the Council either approves this notification or may recommend to the Party concerned that it does not produce opium for export. 3. Notwithstanding the provisions of sub-paragraphs 2a and 2b, a Party that has exported opium produced by that country during the ten years immediately preceding January 1, 1961, may continue to export opium produced by that country. 4. (a) The Parties do not import opium from any country or territory, with the exception of opium produced in the territory of: (I) The Party referred to in paragraph 3; (II) The Party that notified the Committee, as provided for in subparagraph (2a); or (iii) A Party that has received the approval of the Council, as provided for in subparagraph 2b. (b) Notwithstanding subparagraph (a) of this paragraph, the Parties may import opium produced for export by any country that produced and exported opium during the period of ten years preceding January 1, 1961, if that country has established and maintains a State control authority or institution for the purposes set out in Article 23 and implements effective measures to ensure that the opium it produces does not enter into illicit traffic. 5. The provisions of this Article shall not prevent any Party from: (I) Producing opium in quantities sufficient for its own needs; or II) export opium seized as a result of illicit trafficking to the territory of another Party, in accordance with the requirements of this Convention.
Article 25 Control of poppy straw 1. A Party allowing the cultivation of opium poppies for purposes other than opium production shall take all necessary measures to ensure that: (a) opium is not produced from this opium poppy; and (b) the manufacture of narcotic drugs from poppy straw is properly controlled. 2. The Parties shall apply to poppy straw the system of import certificates and export permits provided for in paragraphs 4 to 15 of Article 31.3. The Parties shall provide statistical information on the import and export of poppy straw, which are required in relation to narcotic drugs, in accordance with subparagraphs 1g and 2b of Article 20. Article 26 Coca bush and coca leaves 1. If a Party authorizes the cultivation of a coca bush, it shall apply to it, as well as to coca leaves, a control system as provided for in article 23 with respect to the control of opium poppies, but with regard to subparagraph 2g of that article, the obligation imposed on the Institution referred to in that article is only to enter into actual possession of the crop as soon as possible after the end of harvesting. 2. The Parties, as far as possible, take measures to uproot all wild coca bushes. They destroy these plants in case of their illegal cultivation.
Article 27 Additional Regulations concerning coca leaves 1. The Parties may authorize the use of coca leaves for the preparation of flavoring substances that do not contain any alkaloids, and, since this is necessary for such use, may authorize the production, import, export of these leaves, as well as their trade and storage. 2. The Parties shall submit separately calculations (Article 19) and statistical information (Article 20) on coca leaves used for the preparation of this flavoring substance, except in cases when the same coca leaves are used for the extraction of both alkaloids and flavoring substance, and this circumstance is explained in calculations and statistical information.
Article 28 Control of cannabis 1. If a Party authorizes the cultivation of the cannabis plant for the production of cannabis or cannabis resin, it shall apply a control system as provided for in Article 23 with respect to the control of opium poppies. 2. This Convention does not apply to the cannabis plant cultivated exclusively for industrial purposes (fiber and seed) or for horticulture. 3. The Parties shall take such measures as may be necessary to prevent the abuse of the leaves of the cannabis plant and their illicit trafficking.
Article 29 Manufacture 1. The Parties require that the manufacture of narcotic drugs be carried out under licenses, except in cases where such manufacture is carried out by a State-owned enterprise or state-owned enterprises. 2. The Parties: a) control all persons and all enterprises that manufacture or manufacture narcotic drugs; b) control, with the help of licenses, enterprises and premises in which such manufacture may take place; and c) require licensed manufacturers of narcotic drugs to obtain periodic permits specifying the types and quantities of narcotic drugs they are authorized to manufacture. However, periodic approval is not required for the manufacture of drugs. 3. The Parties shall not allow the concentration at the disposal of manufacturers of narcotic drugs of quantities of narcotic drugs and poppy straw exceeding the quantities necessary for the normal operation of the enterprise, taking into account the existing market conditions.
Article 30 Trade and distribution 1. (a) The Parties require that the trade in narcotic drugs and their distribution be carried out under licenses, except in cases where this trade or distribution is carried out by a state-owned enterprise or state-owned enterprises; (b) The Parties: (I) Control all persons and all enterprises engaged in the trade or distribution of narcotic drugs or engaged in this trade or distribution; (II) Control, by means of licenses, enterprises and premises in which such trade or distribution may take place. The requirement for licenses may not apply to drugs. (c) The provisions of subparagraphs (a) and (b) concerning licenses may not apply to persons duly authorized to perform, and when they do so, medical and scientific functions. 2. The Parties also: (a) prevent the accumulation at the disposal of merchants, distribution organizations, state-owned enterprises or duly authorized persons mentioned above of quantities of narcotic drugs and poppy straw exceeding the quantities necessary for their normal operations, taking into account the current market conditions; and (b) (I) require the presentation of medical prescriptions for delivery or distribution of narcotic drugs to individuals; this requirement may not apply to those narcotic drugs that individuals may lawfully obtain, use, dispense or prescribe in connection with the exercise of their duly authorized therapeutic functions; and (ii) if the Parties consider these measures necessary or desirable, they require that prescriptions for narcotic drugs included in Schedule I, They were written out on official letterheads, which are issued by the competent authorities or authorized professional associations in the form of books with spines. 3. It is desirable that the Parties require the designation of the international unregistered name reported by the World Health Organization in written or printed offers of narcotic drugs, in any kind of advertising, in descriptive literature related to narcotic drugs and used for commercial purposes, on the inner packaging of packages containing narcotic drugs, and on the labels under which narcotic drugs enter the the sale. 4. If any Party considers such a measure necessary or desirable, it requires that a clearly visible double red stripe be present on the inner packaging of the package containing the narcotic drug or on its wrapper. The outer packaging of a package containing such a narcotic drug should not have a double red stripe. 5. The Parties require that the labels under which narcotic drugs are marketed accurately indicate the content of narcotic drugs in units of weight or percentage. This requirement regarding labeling information may not apply to narcotic drugs dispensed to individuals on a doctor's prescription. 6. The provisions of paragraphs 2 and 5 may not apply to the retail sale of narcotic drugs included in Schedule II or to their retail distribution.
Article 31 Special regulations concerning international trade 1. The Parties knowingly do not allow the export of narcotic drugs to any country or territory, except: (a) in accordance with the laws and regulations of that country or territory; and (b) within the total calculations for that country or territory, as defined in paragraph 2 of Article 19, with the addition of quantities intended for re-export. 2. The Parties carry out the same surveillance and control in free ports and zones as in other parts of their territories, however, they may apply stricter measures. 3. The Parties shall: a) control, by means of licenses, the import and export of narcotic drugs, except in cases when such import or export is carried out by a State enterprise or state enterprises; and b) control all persons and all enterprises carrying out such import or export or engaged in such import or export. 4. a) Each Party authorizing the import or export of narcotic drugs requires obtaining a separate import certificate or export permit for each case of import or export, regardless of whether it concerns one or more narcotic drugs; b) such permit or certificate indicates the name of the narcotic drug, an international unregistered name, if such if available, the quantity to be imported or exported, the name and address of the importer and exporter, as well as the period during which the import or export must be carried out; c) the export permit also indicates the number and date of the import certificate (paragraph 5), as well as the issuing institution; d) the import certificate may provide for import in several batches. 5. Before issuing an export permit, the Parties require the presentation of an import certificate issued by the competent authorities of the importing country or territory, which must certify that the import of the narcotic drug or narcotic drugs mentioned therein is permitted, and such certificate is submitted by the person or enterprise applying for an export permit. The Parties shall adhere, as far as possible, to the samples of the forms of the import certificate approved by the Commission. 6. Each exported shipment must be accompanied by a copy of the export permit, and the Government issuing the export permit sends a copy of this permit to the Government of the importing country or territory. 7. a) After the importation has been carried out or after the time limit set for importation has expired, the Government of the importing country or territory returns the export permit with the appropriate inscription to the Government of the exporting country or territory; b) the amount actually imported must be indicated in the said inscription.; c) if a smaller quantity has actually been exported than that indicated in the export permit, the quantity actually exported shall be indicated on the said permit and on all official copies of it by the competent authorities. 8. Export in the form of shipments to a mailbox or bank address for a person other than the one indicated in the export permit is prohibited. 9. Export in the form of a shipment to an assigned customs warehouse is prohibited, except in cases where the Government of the importing country notes on the import certificate submitted by the person or institution applying for an export permit that it authorizes the placement of the imported consignment in an assigned customs warehouse. In this case, the export permit indicates that the export is carried out for this purpose. Any extradition from an assigned customs warehouse requires the permission of the authorities in charge of that customs warehouse, and in the case of sending abroad, the extradition is considered as a new export within the meaning of this Convention. 10. A consignment of narcotic drugs imported into or exported from the territory of a Party without an accompanying export permit is subject to detention by the customs authorities. 11. The Parties shall not allow the transit of narcotic drugs sent to another country, regardless of whether they have been removed from the means of transportation on which they were transported, except in cases where a copy of the export permit has been presented to the competent authorities of that Party. 12. The competent authorities of the country or territory through which the shipment of narcotic drugs is allowed to pass shall take all necessary measures to prevent the shipment from changing its route for a purpose other than that indicated in the copy of the export permit accompanying the shipment, except in cases where this is done with the permission of the Government of the country or territory through which this game is being played. The Government of such a country or territory considers any shipment of narcotic drugs for which a request for a change of route has been received as a shipment from the country or territory of transit to the country or territory of a new destination. If a change of route is permitted, the provisions of sub-paragraphs (a) and (b) of paragraph 7 shall also apply to the relationship between the country or territory of transit and the country or territory from which the consignment was originally exported. 13. No consignment of narcotic drugs in transit or placed in an assigned customs warehouse may be processed that would change the nature of the narcotic drugs in question. The packaging cannot be changed without the permission of the competent authorities. 14. The provisions of paragraphs 11 to 13 concerning the transportation of narcotic drugs through the territory of one of the Parties do not apply in cases where the consignment in question is transported by air, provided that the aircraft flies over the country or territory of transit without landing. If the aircraft lands in that country or territory, these regulations apply insofar as circumstances so require. 15. The provisions of this article do not violate the provisions of any international agreements limiting the control that can be exercised by one of the Parties over narcotic drugs in transit. 16. Nothing in this article, with the exception of subparagraph 1a and paragraph 2, is mandatory for drugs included in Schedule III.
Article 32 Special regulations concerning the transportation of narcotic drugs in first-aid kits of ships and aircraft of international traffic 1. The carriage on international ships or aircraft of limited quantities of narcotic drugs necessary for first aid during travel or flights is not considered import, export or transit within the meaning of this Convention. 2. Existing precautionary measures are being taken by the country of registration to prevent the misuse of narcotic drugs referred to in paragraph 1 or their transfer to illicit trafficking. The Commission, in consultation with the relevant international organizations, recommends such precautions. 3. Narcotic drugs transported on ships or aircraft in accordance with paragraph 1 shall be subject to the laws, regulations and regulations on permits and licenses of the country of registration, without prejudice to any rights of the competent local authorities to inspect, inspect and apply other control measures on board ships or aircraft. The use of such narcotic drugs in emergency cases is not considered a violation of the requirements of subparagraph 2b of article 30.
Article 33 Storage of narcotic drugs The Parties do not allow the storage of narcotic drugs, except on the basis of a legitimate right.
Article 34 Supervision and inspection measures The Parties require: (a) that all persons who obtain licenses in accordance with the provisions of this Convention, or who hold directorial or supervisory positions in State-owned enterprises established in accordance with this Convention, have the appropriate qualifications to effectively and accurately enforce the provisions of such laws and regulations issued for this purpose.; and b) that government authorities, manufacturers, merchants, scientists, scientific institutes and hospitals keep records showing the quantities of each manufactured narcotic drug and each individual purchase and use of narcotic drugs. These records are stored for at least two years, respectively. When using prescription books with spines (subparagraph 2b of article 30), these books, including the spines, are also kept for at least two years.
Article 35 Measures to combat illicit trafficking With due regard to their constitutional, legal and administrative systems, the Parties: a) take domestic measures to coordinate preventive and repressive measures against illicit trafficking; to this end, they may usefully appoint an appropriate body responsible for such coordination; b) assist each other in conducting a campaign to combat illicit trafficking; (c) Cooperate closely with each other and with the competent international organizations of which they are members to conduct a coordinated campaign to combat illicit trafficking; (d) ensure the rapid implementation of international cooperation between the relevant authorities; and (e) ensure that in cases where international legal documents are required for prosecution such transfer was carried out promptly to the authorities to be designated by the Parties; This requirement does not violate the right of the Parties to require that official documents be sent to them through diplomatic channels.
Article 36 Rulings on punishments 1. Subject to its constitutional limitations, each Party shall take such measures as will ensure that cultivation and production, manufacture, extraction, preparation, storage, offering, offering for commercial purposes, distribution, purchase, sale, delivery on any terms, brokerage, dispatch, re-shipment, transportation, importation and the export of narcotic drugs in violation of the provisions of this Convention, and any other act that, in the opinion of the Parties, may constitute a violation of the provisions of this Convention., They will be recognized as punishable acts in cases where they are committed intentionally, as well as that serious crimes will be subject to appropriate punishment, in particular, imprisonment or other form of deprivation of liberty. 2. Subject to the constitutional restrictions of the Parties, their legal system and domestic law, (a) (I) each of the crimes listed in paragraph 1, if committed in different countries, will be considered a separate crime.; (II) Intentional complicity in any such crimes, participation in a community for the purpose of committing and attempting to commit any such crimes, and preparatory actions and financial transactions in connection with the crimes listed in this article will be recognized as punishable acts provided for in paragraph 1; (III) sentences of foreign courts for Such crimes will be taken into account for the purposes of establishing recidivism.; and IV) the serious crimes mentioned above, if they are committed either by nationals of the country concerned or by foreigners, are prosecuted by the Party in whose territory the crime was committed or by the Party in whose territory the offender is found, if extradition is prohibited under the laws of the Party to which the request is addressed and if the offender has not yet been prosecuted; and The verdict in his case has not yet taken place. (b) It is desirable that the offences referred to in paragraph 1 and in paragraph 2 (a) (II) should be included among the offences for which the perpetrators are extraditable in any extradition treaty that is concluded or may subsequently be concluded between any Parties, and dealt with in a relationship between the Parties that does not make extradition conditional on the existence of by agreement or reciprocity, as crimes for which the perpetrators are subject to extradition, provided that extradition is permitted in accordance with the law of the Party to whom the extradition request is addressed., and that this Party has the right to refuse to make an arrest or allow extradition in cases where its competent authorities consider that this crime is not serious enough. 3. In matters of jurisdiction, the rulings of the criminal law of the Party concerned shall prevail over the rulings of this article. 4. Nothing contained in this article affects the principle that the crimes to which it relates are determined, prosecuted and punished by a Party in accordance with the domestic law of that Party.
Article 37 Seizure and confiscation Any narcotic drugs, substances and items of equipment used or intended for the commission of crimes referred to in article 36 shall be subject to seizure and confiscation.
Article 38 Treatment of drug addicts 1. The Parties shall pay special attention to creating conditions for the treatment of drug addicts, caring for them and restoring their ability to work. 2. If drug addiction is a serious problem for any Party and its economic resources allow it to do so, then it is desirable that this Party provide appropriate conditions for effective treatment of drug addicts.
Article 39 The application of stricter drug control measures than those required under this Convention Notwithstanding any provisions of this Convention, nothing prevents, or is considered to prevent, the Parties from taking stricter or more stringent control measures than those provided for in this Convention, and in particular, to require that drugs included in Schedule III or narcotic drugs included in Schedule II be subject to all or such control measures applied to Schedule I narcotic drugs, which, in the opinion of this Party, are necessary or desirable for the protection of public health and well-being.
Article 40 Languages of the Convention and the procedure for signature, ratification and accession 1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be open for signature until 1 August 1961 on behalf of any State Member of the United Nations, any State not a Member of the United Nations but a party to the Statute of the International Court of Justice or a member of any specialized agency of the United Nations. Of the United Nations, as well as on behalf of any other State that the Council may invite to become a Party to the Convention. 2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General. 3. This Convention shall be open after 1 August 1961 for accession by the States referred to in paragraph 1. The instruments of accession shall be deposited with the Secretary-General.
Article 41 Entry into force 1. This Convention shall enter into force on the thirtieth day following the date of deposit of the fortieth instrument of ratification or accession in accordance with article 40. 2. In respect of any State which has deposited an instrument of ratification or accession after the date of deposit of the said fortieth instrument, this Convention shall enter into force on the thirtieth day after the deposit by that State of its instrument of ratification or accession. The Convention entered into force for the USSR on December 13, 1964.
Article 42 Territorial application This Convention applies to all non-metropolitan territories for whose international relations a Party is responsible, except in cases where the prior consent of such territory is required by the constitution of that Party or the Territory concerned, or where custom so requires. In this case, the Party concerned shall endeavour to secure the necessary consent of the Territory concerned as soon as possible, and upon receipt of such consent shall notify the Secretary-General thereof. This Convention shall apply to the territory or territories indicated in such notification from the date of its receipt by the Secretary-General. In cases where the prior consent of an extratropical territory is not required, the interested Party shall, at the time of signature, ratification or accession, indicate the extratropical territory or territories to which this Convention applies.
Article 43 The concept of territory for the purposes of the provisions of Articles 19, 20, 21 and 31 1. Any Party may notify the Secretary-General that, for the purposes of articles 19, 20, 21 and 31, one of its Territories is divided into two or more Territories or that two or more of its territories are being combined into one Territory. 2. Two or more Parties may notify the Secretary General that, as a result of the formation of a customs union between them, these Parties constitute, for the purposes of Articles 19, 20, 21 and 31, a single territory. 3. Any notification made pursuant to paragraphs 1 and 2 of this article shall enter into force on 1 January of the year following the year in which the notification was made.
Article 44 Termination of previous international treaties 1. The provisions of this Convention, upon its entry into force, replace, by terminating their effect in relations between the Parties, the provisions of the following treaties: a) the International Opium Convention, signed at The Hague on January 23, 1912; b) Agreements on the Production of Opium for Smoking, Domestic Trade in it and its signed in Geneva on February 11, 1925; c) The International Opium Convention, signed in Geneva on February 19, 1925; (d) The Convention on the Restriction of Production and on the Regulation of the Distribution of Narcotic Drugs, signed in Geneva on July 13, 1931; (e) The Agreement on the Control of Opium Smoking in the Far East, signed in Bangkok on November 27, 1931; (f) The Protocol signed in Lake Soces on December 11, 1946, amending the agreements, conventions and protocols on narcotic drugs, concluded at The Hague on January 23, 1912, in Geneva on February 11, 1925, February 19, 1925 and July 13, 1931, in Bangkok on November 27, 1931 and in Geneva on June 26, 1936; (g) Conventions and agreements referred to in sub-paragraphs (a) to (e), as amended by those referred to in sub-paragraph (e) Protocol of 1946; h) Protocol signed in Paris on November 19, 1948, extending international control to medicinal substances not subject to the Convention of July 13, 1931 on the Restriction of Production and on the Regulation of the Distribution of Narcotic Drugs, as amended by the Protocol signed in Lake Soces on December 11, 1946; i) The Protocol on the Restriction and Regulation of the Cultivation of the Poppy Plant, Opium Production, International and Wholesale Trade in It and Its Use, signed in New York on June 23, 1953, if this Protocol had entered into force. 2. Upon the entry into force of this Convention, article 9 of the Convention for the Suppression of Illicit Trafficking in Harmful Medicinal Substances, signed in Geneva on June 26, 1936, will cease to be in force between the Parties to this Convention who are also Parties to this Convention, and it will be replaced by subparagraph 2b) of Article 36 of this Convention, provided that such Parties May, by notification addressed to the Secretary-General, maintain the said article 9 in force.
Article 45 Transitional regulations 1. From the date of entry into force of this Convention (article 41, paragraph 1), the functions of the Committee provided for in Article 9 shall be temporarily performed by the Standing Central Committee established on the basis of Chapter VI of the Convention referred to in paragraph (c) of article 44 as amended, and by the Supervisory Authority established on the basis of chapter II of the Convention referred to in paragraph (d) Article 44, as amended, in accordance with the nature of their respective functions. 2. The Council shall determine the date on which the new Committee referred to in article 9 will assume its duties. From that date, the Committee shall assume, in respect of States that are parties to the treaties listed in article 44 but are not Parties to this Convention, the functions of the Permanent Central Committee and the Supervisory Authority referred to in paragraph 1.
Article 46 Denunciation 1. Upon the expiration of two years from the date of entry into force of this Convention (article 41, paragraph 1), any Party may, both on its own behalf and on behalf of the Territory for which it bears international responsibility and which has withdrawn its consent in accordance with article 42, denounce this Convention by a written act deposited with the Secretary-General. The secretary. 2. The denunciation, if received by the Secretary-General in any year on or before July 1, shall take effect on January 1 of the following year, and if received after July 1, it shall take effect as if it had been received on or before July 1 of the following year. 3. This Convention shall terminate if, as a result of denunciations submitted in accordance with paragraph 1, the conditions necessary for its entry into force in accordance with paragraph 1 of article 41 cease to exist.
Article 47 Amendments 1. Any Party may propose an amendment to this Convention. The text of any such amendment and the reasons for it shall be communicated to the Secretary-General, who shall communicate them to the Parties and the Council. The Council may decide either: a) That a conference should be convened in accordance with paragraph 4 of Article 62 of the Charter of the United Nations to consider the proposed amendment, or (b) that the Parties should be asked if they accept the proposed amendment and asked to submit any comments on the proposal to the Council. 2. If the proposed amendment sent out on the basis of subparagraph 1b) of this Article has not been rejected by any Party within eighteen months after its dispatch, it shall enter into force thereafter. If the proposed amendment is rejected by a Party, the Council may decide, in the light of comments received from the Parties, whether a conference should be convened to consider the amendment.
Article 48 Disputes 1. In the event of any dispute between two or more Parties concerning the interpretation or application of this Convention, these Parties shall consult among themselves with a view to resolving the dispute through negotiation, investigation, mediation, conciliation, arbitration, recourse to regional authorities, judicial proceedings or other peaceful means of their own choosing. 2. Any dispute of this kind that cannot be resolved in the manner specified in paragraph 1 shall be referred to the International Court of Justice for settlement.
Article 49
Transitional clauses
1. Upon signature, ratification or accession, each Party may reserve the right to temporarily allow access to any of its territories.:
a) Quasi-medical opium use;
b) smoking opium;
c) chewing coca leaves;
d) the use of cannabis, cannabis resin, extracts and tinctures of cannabis for non-medical purposes; and
(e) The production and manufacture of narcotic drugs referred to in subparagraphs (a) to (d) and their trade for the purposes specified therein. 2. Reservations made under paragraph 1 are subject to the following restrictions: (a) The activities referred to in paragraph 1 may be permitted only insofar as they are common in the territories in respect of which the reservation was made and in which they were permitted on January 1, 1961; (b) The export of narcotic drugs referred to in paragraph 1 for the purposes specified therein to a country not party to this Convention or to a territory to which this Convention does not apply, in accordance with article 42, is not permitted; (c) Opium smoking is permitted only to persons who are registered for this purpose by the competent authorities on January 1, 1964;) Quasi-medical use of opium must be discontinued within fifteen years from the date of entry into force of this Convention, as provided for in paragraph 1 of article 41; (e) The chewing of coca leaves must cease within twenty-five years from the date of entry into force of this Convention, as provided for in paragraph 1 of article 41; (e) The use of cannabis for purposes other than medical and scientific purposes must cease as soon as possible, but in any case within twenty-five years., counting from the date of entry into force of this Convention, as provided for in paragraph 1 of article 41; (g) The production and manufacture of narcotic drugs referred to in paragraph 1, as well as their trade, for any of the uses mentioned therein, should be reduced and eventually discontinued along with the reduction and cessation of these uses. 3. A Party making a reservation pursuant to paragraph 1: (a) shall include in its annual report to the Secretary-General pursuant to subparagraph 1a of article 18 a report on the progress made during the previous year towards the elimination of the use, production, manufacture or trade referred to in paragraph 1; (b) shall submit separate estimates to the Committee (art. 19) and statistical information (article 20) concerning the specified types of activities in the manner and in the form specified by the Committee. 4. (a) If the reserving Party does not submit: (i) the report referred to in subparagraph 3a within six months of the end of the year to which the information relates; (ii) the estimates referred to in subparagraph 3b within three months after the deadline set by the Committee for this purpose under paragraph 1. Articles 12; (III) The statistical information specified in subparagraph 3b within three months after the deadline set for their submission on the basis of paragraph 2 of Article 20, The Committee or the Secretary-General, as appropriate, shall notify the Party of the delay and request that the required information be provided within three months of receipt of the notification. (b) If the Party fails to comply with the request of the Committee or the Secretary-General within the specified period, the reservation made under paragraph 1 shall cease to be valid. 5. A reserving State may, by written notification, withdraw all or part of its reservations at any time.
Article 50 Other reservations 1. Only reservations made in accordance with article 49 or the provisions of the following paragraphs are permitted. 2. At the time of signature, ratification or accession, any State may make reservations with respect to the following provisions of this Convention: paragraphs 2 and 3 of Article 12; paragraph 2 of Article 13; paragraphs 1 and 2 of article 14; subparagraph 1 (b) of Article 31 and article 48.3. A State wishing to become a Party but in order to make reservations other than those made in accordance with paragraph 2 of this article or article 49 may notify the Secretary-General of such intention. If, after the expiration of twelve months from the date of notification by the Secretary-General of the reservation in question, the reservation has not been rejected by one third of the States that have ratified or acceded to this Convention before the end of that period, it shall be considered permissible, provided, however, that the States that objected to the reservation are not required to assume in respect of the signatory a reservation by the State of any legal obligation under this Convention affected by this reservation.
4. A reserving State may, by written notification, withdraw all or part of its reservations at any time.
Article 51
Notifications
The Secretary-General shall notify all States referred to in paragraph
1 of article 40:
a) signatures, ratifications and accessions in accordance with the
Article 40;
b) the date of entry into force of this Convention in accordance with
Article 41;
(c) Denunciations in accordance with article 46; and
d) declarations and notifications in accordance with articles 42, 43, 47,
49 and 50.
In witness whereof, the undersigned, being duly
have been authorized to sign this Convention on behalf of their Governments.
Done at New York, this thirtieth day of March, one thousand nine hundred and sixty-one, in a single copy, which shall be deposited in the archives of the United Nations, certified true copies being sent to the Member States of the United Nations and to the other States referred to in paragraph 1 of article 40.
Lists
List
narcotic drugs listed in Schedule I
(approved by the Single Convention on Narcotic Drugs)
(New York, March 30, 1961)
Acetylmethadol (3-acetoxy-6-dimethylamino-4,4-diphenylheptan)
Allylprodin (3-allyl-1-methyl-4-phenyl-4-propionoxypiperidine)
Alphacetylmethadol (alpha-3-acetoxy-6-dimethylamino-4,4-diphenylheptan)
Alphameprodine (alpha-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine)
Alphamethadol (alpha-6-dimethylamino-4,4-diphenyl-3-heptanol)
Alphaprodine (alpha-1,3-dimethyl-4-phenyl-4-propionoxypiperidine)
Anileridine (1-para-aminophenethyl-4-phenylpiperidine-4-ethyl ester
carboxylic acid)
Benzetidine (1-(2-benzyloxyethyl)-4-phenylpiperidine-4-ethyl ester
carboxylic acid)
Benzylmorphine
Betacetylmethadol (beta-3-acetoxy-6-dimethylamino-4,4-diphenylheptan)
Betameprodine (beta-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine)
Betamethadol (beta-6-dimethylamino-4,4-diphenyl-3-heptanol)
Betaprodine (beta-1,3-dimethyl-4-phenyl-4-propionoxypiperidine)
Cannabis, cannabis resin and cannabis extracts and tinctures
Clonitazene (2-para-chlorobenzyl-1-diethylaminoethyl-5-nitrobenzimidazole)
Coca Leaf
Cocaine (methyl ester of benzoyl ecgonine)
Concentrate from poppy straw (the material obtained when poppy straw
the alkaloids contained in it began to undergo a process of concentration)
if this material becomes a subject of trade)
Desomorphine (dihydrodeoximorphine)
Dextromoramide ((+)-4-[2- methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)
butyl]morpholine)
Diampromide (N-[2-(methylphenethylamino)propyl]propionanilide)
Diethylthiambutene (3-diethylamino-1,1-di-(2'-thienyl)-1-butene)
Dihydromorphine
Dimenoxadol (2-dimethylaminoethyl-1-ethoxy-1,1-diphenyl acetate)
Dimepheptanol (6-dimethylamino-4,4-diphenyl-3-heptanol)
Dimethylthiambutene (3-dimethylamino-1,1-di-(2'-thienyl)-1-butene)
Dioxaphethyl Butyrate (ethyl-4-morpholino-2,2-diphenyl butyrate)
Diphenoxylate (1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidine-4-complex
ethyl ether of carboxylic acid)
Dipipanone (4,4-diphenyl-6-piperidine-3-heptanone)
Ecgonine, its esters and derivatives, which can be converted into
ecgonine and cocaine
Ethylmethylthiabutene (3-ethylmethylamino-1,1-di-(2'-thienyl)-1-butene)
Ethonitazene (1-diethylaminoethyl-2-para-ethoxybenzyl-5-nitrobenzimidazole)
Ethoxeridine (1-[2-(2-hydroxyethoxyethyl]-4-phenylpiperidine-4-complex
ethyl ether of carboxylic acid]
Furetidine (1-(2-tetrahydrofurfuryloxyethyl)-4-phenylpiperidine-4-complex
ethyl ether of carboxylic acid)
Heroin (diacetylmorphine)
Hydrocodone (dihydrocodeinone)
Hydromorphinol (14-hydroxydihydromorphine)
Hydromorphone (dihydromorphinone)
Hydroxypetidine (4-meta-hydroxyphenyl-1-methylpiperidine-4-ethyl complex
carboxylic acid ester)
Isomethadone (6-dimethylamino-5-methyl-4,4-diphenyl-3-hexanone)
Ketobemidone (4-meta-hydroxyphenyl-1-methyl-4-propionylpiperidine)
Levormetorphan *
Levoramide ((-)-4-[2- methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)-
butyl]morpholine)
Levophenacylmorphan ((-)-3-hydroxy-N-phenacylmorphinan)
Levorphanol * (-)-3-hydroxy-N-methylmorphinan)
Metazocin (2'-hydroxy-2,5,9-trimethyl-6,7-benzomorphane)
Methadone (6-dimethylamino-4,4-diphenyl-3-heptanone)
Methyldesorphine (6-methyl-delta 6-deoxymorphine)
Methyldihydromorphine (6-methyldihydromorphine)
1-methyl-4-phenylpiperidine-4-carboxylic acid
Metopone (5-methyldihydromorphinone)
Morpheridine (1-(2-morpholinoethyl)-4-phenylpiperidine-4-ethyl ester
carboxylic acid)
Morphine
Morphine Metobromide and other pentavalent nitrogenous derivatives of morphine
Morphine-N-oxide
Mirofin (myristilbenzylmorphine)
Nicomorphine (3,6-dinicotinylmorphine)
Norleuorphanol ((-)-3-hydroxymorphinane)
Normetadone (6-dimethylamino-4,4-diphenyl-3-hexanone)
Normorphine (dimethylmorphine)
Opium
Oxycodone (14-hydroxydihydrocodeinone)
Oxymorphone (14-hydroxydihydromorphinone)
Pethidine (1-methyl-4-phenylpiperidine-4-ethyl ester of carboxylic acid
acids)
Phenadoxone (6-morpholino-4,4-diphenyl-3-heptanone)
Phenammamide (N-(1-methyl-2-piperidinoethyl) propionanilide)
Phenazocin (2'-hydroxy-5,9-dimethyl-2-phenethyl-6,7-benzomorphane)
Phenomorphan (3-hydroxy-N-phenethylmorphinan)
Phenoperidine (1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4-complex
ethyl ether of carboxylic acid)
Piminodine (4-phenyl-1-(3-phenylaminopropyl)piperidine)-4-ethyl complex
carboxylic acid ester)
Progeptazine (1,3-dimethyl-4-phenyl-4-propionoxiazacycloheptan)
Properidine (1-methyl-4-phenylpiperidine-4-isopropyl ester of carboxylic acid
acids)
Racemetorphan ((±)-3-methoxy-N-methylmorphinan)
Racemoramide ((±)-4-[2- methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)butyl]
morpholine)
Racemorphan ((±)-3-hydroxy-N-methylmorphinan)
Thebacon (acetyldihydrocodeinone)
Thebaine
Trimeperidine (1,2,5-trimethyl-4-phenyl-4-propionoxypiperidine); and isomers, if they are not specifically excluded, of narcotic drugs in this List in cases where the existence of such isomers is possible within the framework of this specific chemical designation; esters, if they do not appear in another List, of narcotic drugs listed in this List, in all cases where the existence of such complex and simple ethers is possible.;
salts of all narcotic drugs listed in this List, including salts of esters, esters and isomers, as provided above, in all cases where the existence of such salts is possible.
List
narcotic drugs listed in schedule II
(approved by the Single Convention on Narcotic Drugs)
(New York, March 30, 1961)
Acetyldihydrocodeine Codeine (3-methylmorphine) Dextropropoxyphene ((+)-4-dimethylamino-3-methyl-1,2-diphenyl-2propionoxybutane) Dihydrocodeine Ethylmorphine (3-ethylmorphine) Norcodeine (N-demethylcodeine) Folcodine (morpholinylethylmorphine) and isomers, if they are not definitely excluded, of narcotic drugs in this List, in cases where the existence of such isomers is possible within the framework of this specific chemical designation.;
salts of narcotic drugs listed in this List, including salts of isomers, as provided above, in all cases where the existence of such salts is possible.
List
narcotic drugs listed in Schedule III
(approved by the Single Convention on Narcotic Drugs)
(New York, March 30, 1961)
1. Preparations of acetyldihydrocodeine, codeine, dextropropoxyphene, dihydrocodeine, ethylmorphine, norcodeine and folcodine, provided:
a) that they are combined with one or more ingredients in such a way that this drug does not pose or poses only a minor risk of abuse, and also in such a way that the narcotic drug cannot be extracted from this drug using easily feasible methods or in quantities that could pose a danger to public health, and b) contain no more than 100 mg of narcotic drug per unit dose at a concentration of no more than 2.5% in undivided preparations. 2. Cocaine preparations containing no more than 0.1 percent cocaine in terms of cocaine base, and opium or morphine preparations containing no more than 0.2 percent morphine in terms of anhydrous morphine base, combined with one or more ingredients in such a way that this drug does not pose or poses only a minor risk of abuse, and also in such a way that the narcotic drug cannot be extracted from this drug using easily feasible methods or in quantities that could pose a danger to public health. 3. Doses of the diphenoxylate preparation in solid form containing no more than 2.5 mg of diphenoxylate in terms of base and no less than 25 micrograms of atropine sulfate per dose unit.
4. Pulvis ipecacuanhae et opu compositus
10 percent opium powder
10 percent of ipecacuanha root powder, well mixed with 80 percent of any other ingredient in the powder, which does not contain any narcotic drugs.
5. Drugs formulated according to any of the formulas listed in this List, and mixtures of such drugs with any substance that does not contain drugs.
List
narcotic drugs listed in Schedule IV
(approved by the Single Convention on Narcotic Drugs)
(New York, March 30, 1961)
Cannabis and cannabis resin
Desomorphine (dihydrodeoximorphine)
Heroin (diacetylmorphine)
Ketobemidone (4-meta-hydroxyphenyl-1-methyl-4-propionylpiperidine)
and salts of all narcotic drugs listed in this List, in cases where the formation of such salts is possible. ------------------------------------------------------------------------- *dextromethorphan ((+)-3-methoxy-N-methylmorphinan) and dextrorphan ((+)-3-hydroxy-N-methylmorphinan) are specifically excluded from this List ((-)-3-methoxy-N-methylmorphinan)
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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