On the accession of the Republic of Kazakhstan to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Law of the Republic of Kazakhstan dated June 29, 1998 No. 246  

    The Republic of Kazakhstan to join the Convention of the Organization  The United Nations Convention against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on December 20, 1988.    

      President

Republic of Kazakhstan  

                             The Convention

            United Nations Convention on the Fight against

              illicit trafficking in narcotic drugs and

                        psychotropic substances*

                          (the text is unofficial)  

      The Parties to this Convention, being deeply concerned about the scale and trend of growth of illicit production, demand and trafficking of narcotic drugs and psychotropic substances, which pose a serious threat to human health and well-being and have a negative impact on the economic, cultural and political foundations of society, being also deeply concerned about the increasing spread of illicit trafficking in narcotic drugs and psychotropic substances among various social groups and especially those, That children in many parts of the world are used as consumers of illicit narcotic drugs and psychotropic substances and are exploited in their illicit production and trafficking, which poses a great danger, recognizing the relationship between illicit trafficking and other related forms of organized crime that undermine legitimate economies and pose a threat to the stability, security and sovereignty of States, Recognizing also that illicit trafficking constitutes an international criminal activity, The suppression of which requires urgent and high-priority attention, realizing that illicit trafficking provides large profits and financial resources, which allows transnational criminal organizations to infiltrate, corrupt and undermine government mechanisms, legitimate trade and financial activities, and society at all levels, determined to deprive traffickers of the income they receive. from criminal activity, and thus eliminate the main motive that motivates them to do so,          Striving to eliminate the root causes of the problem of abuse of narcotic drugs and psychotropic substances, including the illicit demand for such drugs and substances and the huge profits derived from illicit trafficking, considering that control measures are needed for certain substances, including precursors, chemicals and solvents used in the illicit manufacture of narcotic drugs and psychotropic substances, easy accessibility which led to an increase in the clandestine production of narcotic drugs and psychotropic substances,          Desiring to improve international cooperation to curb illicit trafficking at sea, recognizing that the eradication of illicit trafficking is the collective responsibility of all States and that, to this end, coordination of efforts within the framework of international cooperation is necessary, recognizing the competence of the United Nations in the field of control of narcotic drugs and psychotropic substances, and desiring that the international bodies responsible for such control, were within the framework of this Organization,          Reaffirming the guiding principles of the existing treaties on narcotic drugs and psychotropic substances and the control system provided for by them, recognizing the need to strengthen and complement the measures provided for by the Single Convention on Narcotic Drugs of 1961, that Convention as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs of 1961, and the Convention on Psychotropic Substances of 1971, in order to reduce the scope and scale of illicit trafficking and its serious consequences,          Recognizing also the importance of strengthening and strengthening effective legal means of international legal cooperation to curb international criminal activities, such as illicit trafficking, desiring to conclude a comprehensive, effective and efficient international convention specifically aimed at combating illicit trafficking, which takes into account various aspects of the problem as a whole, and in particular those of those that are not provided for by existing treaties relating to narcotic drugs and psychotropic substances,          hereby agreed on the following:    

                             Article 1

                            Definitions

       (a) "Committee" means the International Narcotics Control Board established pursuant to the Single Convention on Narcotic Drugs of 1961 and that Convention, as amended by the Protocol, except as expressly stated otherwise or as otherwise intended in the text. 1972 on Amendments to the Single Convention on Narcotic Drugs of 1961; (b) "Cannabis plant" means any plant of the genus Cannabis;        (c) "Coca bush" means a plant of any kind of the genus Erythrocolor; (d) "Commercial carrier" means any person or any public, private or other enterprise engaged in the transportation of persons, goods or mail for any remuneration; (e) "Commission" means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations (f) "Confiscation", which includes, where appropriate, seizure, means the final deprivation of property by order of a court or other competent authority;        (g) "Controlled delivery" means a method by which illegal or suspicious shipments of narcotic drugs, psychotropic substances, substances included in Table 1 or Table 2 contained in the Annex to this Convention, or substances replacing them, are allowed to be exported, transported or imported into the territory of one or more countries, with the knowledge and under the supervision of their competent authorities in order to identify persons involved in the commission of offences established in accordance with paragraph 1 of article 3 of this Convention.;        (h) "1961 Convention" means the Single Convention on Narcotic Drugs of 1961; (i) "The 1961 Convention as amended" means the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs of 1961; (j) "The Convention 1971" means the Convention on Psychotropic Substances of 1971; (k) "Council" means the Economic and Social Council of the United Nations;        (l) "Freezing" or "Seizure" means the temporary prohibition of the transportation, conversion, placement or transfer of property or the temporary seizure or taking control of property on the basis of an order issued by a court or competent authority; (m) "Illicit trafficking" means the offences referred to in paragraphs 1 and 2 of Article 3 of this Convention;) "Narcotic drug" means any of the substances, natural or synthetic, included in Schedules 1 and 2 of the 1961 Convention on Narcotic Drugs and that Convention as amended;        (o) "Opium poppy" means a plant of the species Papaver somniferum L.; (p) "Income" means any property obtained or acquired directly or indirectly as a result of an offence established in accordance with paragraph 1 of article 3; (q) "Property" means assets of any kind, tangible or intangible, movable or immovable, tangible or intangible, as well as legal documents or acts certifying the right to such assets or participation in them;        (r) "Psychotropic substance" means any substance, natural or synthetic, or any natural material included in Schedules 1, 2, 3 and 4 of the 1971 Convention; (s) "Secretary-General" means the Secretary-General of the United Nations; (t) "Table 1" and "Table 2" mean numbered, respectively the lists of substances contained in the Annex to this Convention, which may be amended from time to time in accordance with Article 12;        (u) "Transit State" means a State through whose territory illicit narcotic drugs, psychotropic substances and substances listed in Table 1 and Table 2 are transported and which is neither the place of origin nor the final destination of such drugs and substances.    

                               Article 2

                        Scope of the Convention 1. The purpose of this Convention is to promote cooperation between the Parties so that they can more effectively address various problems of illicit trafficking in narcotic drugs and psychotropic substances of an international nature. In implementing their obligations under the Convention, the Parties shall take the necessary measures, including legislative and organizational measures, in accordance with the fundamental provisions of their domestic legislative systems.        2. The Parties shall implement their obligations under this Convention in accordance with the principles of sovereign equality and territorial integrity of States and the principle of non-interference in the internal affairs of other States.        3. A Party shall not exercise in the territory of the other Party jurisdictions and functions that fall solely within the competence of the authorities of the other Party in accordance with its national legislation.    

                               Article 3

Offences and sanctions 1. Each Party shall take such measures as may be necessary to criminalize, in accordance with its legislation, the following actions, when committed intentionally: (a) (i) production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, supply on any terms, mediation, transportation, transit, transportation, import or export of any narcotic drug or any psychotropic substance in violation of the provisions of the 1961 Convention, this Convention, as amended, or the 1971 Convention; (ii) the cultivation of opium poppies, coca bushes, or cannabis plants for the production of narcotic drugs in violation of the provisions of the 1961 Convention and this Convention, as amended; (iii) the possession or purchase of any narcotic drug or psychotropic substance for the purposes of any of the activities listed in subparagraph "i", above;        (iv) manufacture, transportation or distribution of the equipment, materials or substances listed in Table 1 and Table 2, if it is known that they are intended for use in the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances; (v) organization, management or financing of any offences listed in sub-paragraphs "i", "ii", "iii" or "iv", above;        (b) (i) the conversion or transfer of property, if it is known that such property was obtained as a result of any offense or offenses established in accordance with subparagraph (a) of this paragraph, or as a result of participation in such offense or offenses, for the purpose of concealing or concealing the illegal source of property or for the purpose of assisting any a person who participates in the commission of such an offense or offenses, so that he can evade responsibility for his actions;        (ii) concealment or concealment of the true nature, source, location, method of disposal, movement, genuine rights in respect of property or its accessories, if it is known that such property was obtained as a result of an offense or offenses recognized as such in accordance with subparagraph (a) of this paragraph, or as a result of participation in such offense; or (c) Taking into account its constitutional provisions and the basic principles of its legal system;        (i) the acquisition, possession or use of property if, at the time of its receipt, it was known that such property was obtained as a result of an offence or offences established in accordance with subparagraph (a) of this paragraph, or as a result of participation in such an offence or offences;        (ii) possession of the equipment or materials or substances listed in Table 1 and Table 2, if it is known that they are being used or intended to be used for the illicit cultivation, production or manufacture of any narcotic drugs or psychotropic substances; (iii) publicly inciting or encouraging others by any means to commit any of the offences recognized as such in accordance with this article, or to the illegal use of narcotic drugs or psychotropic substances;        (iv) participation in, complicity in, or conspiracy to commit an offence or offences established in accordance with this article, attempts to commit such an offence or offences, as well as aiding, abetting, assisting, or advising in their commission.        2. Taking into account its constitutional provisions and the basic principles of its legal system, each Party shall take such measures as may be necessary to establish as offences, in accordance with its legislation, when committed intentionally, the possession, acquisition or cultivation of any narcotic drug or psychotropic substance for personal consumption in violation of the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.        3. Awareness, intention, or purpose as integral elements of the offense referred to in paragraph 1 of this article may be established from the objective factual circumstances of the case.        4. (a) Each Party, for the commission of offences established in accordance with paragraph 1 of this article, shall provide for the application of such sanctions, taking into account the serious nature of these offences, as imprisonment or other forms of deprivation of liberty, penalties and confiscation;        (b) The Parties may provide, in addition to the conviction or punishment for an offence established in accordance with paragraph 1 of this article, for the application of measures against the offender such as treatment, re-education, follow-up, rehabilitation or social reintegration.;        (c) Notwithstanding the provisions of the preceding subparagraphs, in appropriate cases where minor offences are committed, the Parties may provide, as an alternative to conviction or punishment, measures such as re-education, rehabilitation or social reintegration, as well as, if the offender is a drug addict, his treatment and follow-up;        (d) The Parties may provide, either in lieu of conviction or punishment, or in addition to conviction or punishment for an offence established in accordance with paragraph 2 of this article, measures for the treatment, education, post-treatment supervision, rehabilitation and social reintegration of the offender.        5. The Parties shall ensure that their courts and other competent authorities having jurisdiction can take into account, as circumstances aggravating the offences established in accordance with paragraph 1 of this article, such factual circumstances as: (a) participation in the offence of an organized criminal group to which the offender belongs; (b) participation of the offender in other types of international organized criminal activity;        (c) The offender's involvement in other illegal activities that were facilitated by the commission of the offence; (d) The offender's use of violence or weapons; (e) The fact that the offender is an official and the offence is related to his position; (f) The involvement or use of minors;        g) the fact that the offense was committed in a correctional facility, or in an educational institution, or a public institution, or in close proximity to them, or in other places that are used by schoolchildren and students for educational, sports and social events; h) previous convictions, especially for similar offenses, abroad or in their country to the extent permitted by the national legislation of the Party concerned.        6. The Parties shall endeavour to ensure that, in accordance with their national legislation, any discretionary legal powers related to the criminal prosecution of persons for offences established in accordance with this article are used to maximize the effectiveness of law enforcement measures in relation to these offences and with due regard to the need to prevent the commission of such offences.        7. The Parties shall ensure that their courts and other competent authorities take into account the serious nature of the offences listed in paragraph 1 of this article and the circumstances listed in paragraph 5 of this article when considering the possibility of early or conditional release of persons convicted of such offences.        8. Each Party shall, where necessary, establish, in accordance with its national legislation, a long statute of limitations for the prosecution of any offence established in accordance with paragraph 1 of this article, and a longer statute of limitations in cases where the alleged offender evades justice.        9. Each Party, in accordance with its legal system, shall take appropriate measures to ensure the presence of a person on its territory who is accused or convicted of an offence established in accordance with paragraph 1 of this article at the necessary criminal proceedings.        10. For the purposes of cooperation between the Parties in accordance with this Convention, including, in particular, cooperation under articles 5, 6, 7 and 9, offences established in accordance with this Article shall not be considered as financial or political offences or as offences committed for political reasons, without prejudice to constitutional restrictions and the main national laws of the Parties.        11. Nothing in this article affects the principle that the description of the offences referred to therein is within the competence of the national legislation of each Party and that the prosecution and punishment of such offences are carried out in accordance with this legislation.    

                              Article 4

                             Jurisdiction

1. Each Party shall: (a) take such measures as may be necessary to establish its jurisdiction over the offences it has recognized as such in accordance with paragraph 1 of Article 3, in cases where: (i) the offence is committed in its territory; (ii) the offence is committed on board a vessel flying its flag or an aircraft registered in accordance with its laws at the time of the commission of the offense;        (b) May take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, in cases where: (i) the offence in question was committed by its national or a person habitually residing in its territory;        (ii) the offence is committed on board a vessel in respect of which that Party has been authorized to take appropriate action in accordance with article 17, provided that such jurisdiction is exercised only on the basis of agreements or arrangements referred to in paragraphs 4 and 9 of this article.;        (iii) this offence is one of the offences established in accordance with subparagraph (c) (iv) of paragraph 1 of article 3 and is committed outside its territory with the aim of subsequently committing on its territory an offence established in accordance with paragraph 1 of Article 3. 2. Each Party shall: (a) Also take such measures as may be necessary to establish its jurisdiction over offences that it has recognized as such in accordance with paragraph 1 of Article 3, when the alleged offender is present on its territory and it does not extradite him to another Party on the grounds that the offence in question was committed: (i) on its territory or on board a naval vessel flying its flag or an aircraft registered in accordance with its laws at the time of the commission of the offence; (ii) by its national;        (b) May also take such measures as may be necessary to establish its jurisdiction over offences that it has recognized as such in accordance with article 3, paragraph 1, when the alleged offender is present on its territory and it does not extradite him to another Party.        3. This Convention does not exclude the exercise of any criminal jurisdiction established by a Party in accordance with its national legislation.    

                               Article 5

Confiscation 1. Each Party shall take such measures as may be necessary to confiscate: (a) proceeds derived from the commission of offences established in accordance with paragraph 1 of Article 3, or property whose value corresponds to such proceeds; (b) narcotic drugs and psychotropic substances, materials and equipment or other means used or intended for use in any way when committing offences recognized as such in accordance with paragraph 1 of Article 3.2. Each Party shall also take such measures as may be necessary to enable its competent authorities to identify, identify and freeze or seize the proceeds, property, funds or any other items referred to in paragraph 1 of this article for the purpose of subsequent confiscation.        3. In order to implement the measures referred to in this Article, each Party shall authorize its courts or other competent authorities to order the release or seizure of banking, financial or commercial documents. The Party does not shy away from taking measures in accordance with the provisions of this paragraph, referring to the need to preserve banking secrecy.        4. (a) Upon receipt of a request made pursuant to this article to another Party whose jurisdiction is subject to an offence established in accordance with paragraph 1 of Article 3, the Party in whose territory the proceeds, property, funds or any other items referred to in paragraph 1 of this article are located: (i) submits the request to its competent authorities. authorities in order to obtain a confiscation order and, if such an order is issued, enforces it.; or (ii) submit to its competent authorities a confiscation order issued by the requesting Party in accordance with paragraph 1 of this article for enforcement to the extent specified in the request and to the extent it relates to proceeds, property, funds or any other items located in the territory of the requested Party, referred to in paragraph 1;        (b) Upon receipt of a request made pursuant to this article by another Party having jurisdiction over an offence established in accordance with paragraph 1 of Article 3, the requested Party shall take measures to identify, identify and freeze or seize the proceeds, property, funds or any other items referred to in paragraph 1 of this article, for the purpose of subsequent confiscation, an order for which is issued either by the requesting Party or, as requested under subparagraph (a) of this paragraph, by the requested Party;        (c) The decisions or measures provided for in subparagraphs (a) and (b) of this paragraph shall be taken by the requested Party in accordance with and in compliance with the provisions of its national legislation and in accordance with its procedural rules or any bilateral or multilateral treaties, agreements or arrangements by which it may be bound with the requesting Party; (d) The provisions of paragraphs 6-19 of article 7 shall apply mutatus mutandis. In addition to the information specified in paragraph 10 of Article 7, requests made under this article shall contain: (i) in the case of a request provided for in subparagraph (a) (i) of this Article, a description of the property to be confiscated and a statement of the facts referred to by the requesting Party. and which are sufficient to enable the requested Party to take steps to make an order in accordance with its domestic law;        (ii) in the case of a request provided for in subparagraph (a) (ii), a legally executed copy of the confiscation order issued by the requesting Party on which the request is based, a statement of facts and information regarding the exchange of the requested enforcement of the order; (iii) in the case of a request provided for in subparagraph (b), a statement with a statement of the facts referred to by the requesting Party and a description of the proposed measures;        (e) Each Party shall provide to the Secretary-General the texts of any of its laws and regulations implementing the provisions of this paragraph, as well as the texts of any subsequent amendments to such laws and regulations; (f) If any Party wishes to make the measures referred to in subparagraphs (a) and (b) of this paragraph conditional on the existence of a relevant treaty, then this Party considers this Convention as a necessary and sufficient legal framework;        (g) The Parties shall seek to conclude bilateral and multilateral treaties, agreements or arrangements to enhance the effectiveness of international cooperation pursuant to this article.        5. (a) A Party that has confiscated income or property pursuant to paragraph 1 or paragraph 4 of this article shall dispose of them in accordance with its national legislation and administrative procedures;        (b) Acting at the request of the other Party in accordance with this Article, a Party may specifically consider the possibility of concluding agreements on: (i) the transfer of the amount of such income and property, or funds derived from the sale of such income or property, or a significant portion thereof, to intergovernmental bodies specializing in combating illicit drug trafficking drugs and psychotropic substances and their abuse;        (ii) the transfer to other Parties, on a regular or ad hoc basis, of a portion of such income or property or funds derived from the sale of such income or property, in accordance with its national legislation, administrative procedures or bilateral or multilateral agreements concluded for this purpose.        6. (a) If income has been converted or transformed into other property, the measures referred to in this article shall apply to such property and not to income.;        (b) If the proceeds have been attached to property acquired from legitimate sources, such property, without prejudice to any powers of seizure or freezing, shall be subject to confiscation to the extent appropriate to the estimated value of such attached income; (c) In respect of proceeds or other profits derived from: (i) income; (ii) property into which income has been converted or transformed; or (iii) the property to which the income has been attached, the measures referred to in this article shall also apply in the same manner and to the same extent as with respect to income.        7. Each Party may consider ensuring that the burden of proving the legitimate origin of the alleged proceeds or other property subject to confiscation is shifted to the extent that such a measure is consistent with the principles of its national legislation and the nature of judicial and other proceedings.        8. The provisions of this article shall in no way be considered as prejudicing the rights of third parties acting in good faith.        9. Nothing contained in this article affects the principle that the measures referred to therein are determined and implemented in accordance with the national legislation of the Party concerned and on the basis of its provisions.    

                               Article 6

Extradition 1. This article applies to offences recognized as such by the Parties in accordance with paragraph 1 of Article 3.2. Each of the offences to which this article applies is considered to be included in any extradition treaty existing between the Parties as an extradition offence. The Parties undertake to include such offences as extraditable offences in any extradition agreement to be concluded between them.        3. If the Party making extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition in connection with any offence to which this article applies. Parties that require detailed legislation in order to use this Convention as the legal basis for extradition shall consider adopting such legislation as may be necessary.        4. The Parties that do not make extradition conditional on the existence of a treaty recognize the offences to which this article applies as offences that may result in mutual extradition.        5. Extradition is carried out in accordance with the conditions stipulated by the legislation of the requested Party or applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.        6. When considering requests received in accordance with this Article, the requested Party may refuse to comply with such requests if there are compelling reasons allowing its judicial or other competent authorities to consider that their fulfillment would facilitate the prosecution or punishment of any person based on his race, religion, nationality or political beliefs, or would cause harm for any reason. of these reasons, to any person concerned by this request.        7. With respect to the offences to which this article applies, the Parties shall make efforts to speed up the extradition procedure and simplify the related evidentiary requirements.        8. Subject to the provisions of its national legislation and its extradition treaties, the requested Party, having ascertained that the circumstances so require and are of an urgent nature, and at the request of the requesting Party, may take into custody the person whose extradition is requested and who is located in its territory, or take other appropriate measures to ensure his presence during the procedure. the issue.        9. Without prejudice to the exercise of any criminal jurisdiction established in accordance with its national law, the Party in whose territory the alleged offender is located: (a) If it does not extradite him in connection with an offence established in accordance with paragraph 1 of Article 3 on the grounds specified in subparagraph (a) of paragraph 2 of Article 4, submits the case to its competent authorities for the purpose of criminal prosecution, unless otherwise agreed with the requesting Party;        (b) If it does not extradite him in connection with such an offence and has established its jurisdiction over that offence in accordance with subparagraph (b) of paragraph 2 of Article 4, it shall transfer the case to its competent authorities for the purpose of criminal prosecution, unless the requesting Party requests otherwise in order to maintain its lawful jurisdiction.        10. If extradition, which is requested for the purpose of executing a sentence, is refused because the wanted person is a national of the requested Party, the requested Party, if permitted by its legislation and in accordance with its provisions, at the request of the requesting Party, considers the issue of executing the sentence or the remainder of the sentence that was imposed in accordance with the legislation of the requesting Party.        11. The Parties shall seek to conclude bilateral and multilateral agreements with a view to implementing or improving the effectiveness of extradition.        12. The Parties may consider concluding bilateral or multilateral agreements of a special or general nature regarding the transfer of persons sentenced to imprisonment or other forms of imprisonment for offences to which this article applies to their countries so that they can serve the remainder of their sentences in those countries.    

                               Article 7

Mutual legal assistance 1. In accordance with this article, the Parties shall provide each other with the widest possible mutual legal assistance in the investigation, prosecution and judicial proceedings relating to a criminal offence established in accordance with paragraph 1 of Article 3.2. Mutual legal assistance provided in accordance with this article may be requested for the purpose of: a) collecting evidence or testimony; b) reviewing court proceedings; c) conducting searches and arrests.;        (d) Examination of objects and places; (e) Provision of information and evidentiary items; (f) Provision of originals or certified copies of relevant documents and materials, including banking, financial, branded or commercial documents; (g) Identification or identification of income, property, funds or other things for evidentiary purposes.        3. The Parties may provide each other with any other forms of mutual legal assistance permitted by the national legislation of the requested Party.        4. Upon request, the Parties shall facilitate or encourage, to the extent permitted by their national legislation and practice, the presence or accessibility of persons, including persons in custody, who agree to assist in investigations or participate in judicial proceedings.        5. A Party should not refuse to provide legal assistance in accordance with this article, referring to bank secrecy.        6. The provisions of this article do not affect the obligations arising from any other bilateral or multilateral treaties that regulate or will regulate, in whole or in part, the provision of mutual legal assistance in criminal matters.        7. Paragraphs 8-19 of this Article shall apply to requests submitted on the basis of this article if the relevant Parties are not bound by obligations under any agreement on mutual legal assistance. If these Parties are bound by obligations under such an agreement, the relevant provisions of such an agreement shall apply, unless the Parties have agreed to apply paragraphs 8-19 of this article instead.        8. The Parties shall appoint a body or, if necessary, bodies that are obliged and authorized to fulfill requests for mutual legal assistance or to forward them to the relevant competent authorities for execution. The Secretary-General shall be notified of the body or bodies appointed for this purpose. Requests for mutual legal assistance and any related communications shall be transmitted between the authorities designated by the Parties; this provision is without prejudice to the right of a Party to require that such requests and communications be sent to it through diplomatic channels and, in case of emergency, through the channels of the International Criminal Police Organization, if possible.        9. Requests shall be made in writing in a language acceptable to the requested Party. The Secretary-General shall be notified of the language or languages acceptable to each Party. In exceptional circumstances and in case of agreement between the Parties, such requests may be made orally, but they are immediately confirmed in writing.        10. A request for mutual legal assistance shall specify: (a) information about the requesting authority; (b) the substance of the matter and the nature of the investigation, prosecution or judicial proceedings to which the requests relate, as well as the name and functions of the authority conducting such investigation, prosecution or judicial proceedings.;        (c) A summary of the relevant facts, with the exception of requests for review of court documents; (d) A description of the assistance requested and details of any specific procedure that the requesting Party wishes to apply; (e), where possible, information on the identity, location and nationality of the person concerned; (f) The purpose of the collection evidence, information, or taking action.        11. The requested Party may request additional information if this information is necessary for the execution of the request in accordance with its national legislation or if this information can facilitate the execution of such a request.        12. The request is executed in accordance with the national legislation of the requested Party and, to the extent that it does not contradict the national legislation of that Party, if possible in accordance with the procedures contained in the request.        13. The requesting Party shall not transmit or use information or evidence provided by the requested Party for investigations, prosecutions or judicial proceedings other than those specified in the request without the prior consent of the requested Party.        14. The requesting Party may require that the requested Party maintain confidentiality of the existence and substance of the request, except as necessary to comply with the request itself. If the requested Party is unable to comply with the confidentiality requirement, it shall immediately inform the requesting Party.        15. Mutual legal assistance may be refused: (a) if the request does not comply with the provisions of this article; (b) if the requested Party considers that the fulfillment of the request may harm its sovereignty, security, public order or other essential interests.;        (c) If the national legislation of the requested Party prohibits its authorities from executing a submitted request in respect of a similar offence, if that offence has been the subject of investigation, prosecution or proceedings under their own jurisdiction; (d) If it contradicts the provisions of the requested Party's legal system regarding the execution of requests for mutual legal assistance.        16. Any refusal to provide mutual legal assistance is motivated.        17. Mutual legal assistance may be postponed by the requested Party on the grounds that it interferes with an ongoing investigation, criminal prosecution or judicial proceedings. In such a case, the requested Party shall consult with the requesting Party in order to determine whether assistance can be provided within such time limits and under such conditions as the requested Party deems necessary.        18. A witness, expert, or other person who agrees to testify during the proceedings or assist in the investigation, prosecution, or trial in the territory of the requesting Party is not subject to criminal prosecution, detention, punishment, or any other restrictions on his or her personal freedom in that territory in connection with actions, violations, or convictions. relating to the period prior to his departure from the territory of the requested Party. Such a guarantee of personal safety is terminated if the witness, expert or other person had the opportunity to leave the territory during the next fifteen days or during any period agreed between the Parties, starting from the date when he was officially notified that his presence was no longer required by the judicial authorities, but nevertheless voluntarily remained in the territory. this territory or, having left it, returned back of his own free will.        19. The normal costs of implementing the request shall be borne by the requested Party, unless otherwise agreed by the Parties concerned. If substantial or extraordinary expenses are required or will be required for the implementation of the request, the Parties shall consult in order to determine the terms and conditions for the implementation of the request, as well as how to cover these costs.        20. The Parties shall consider, as necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would meet the objectives of this article, strengthen its provisions and ensure its operation in practice.    

                               Article 8

            Transfer of materials of criminal proceedings          The Parties shall consider the possibility of mutual transfer of materials for the criminal prosecution of offences established in accordance with paragraph 1 of Article 3, in cases where it is considered that such transfer is in the interests of the proper administration of justice.    

                               Article 9

Other forms of cooperation and training of personnel 1. The Parties shall cooperate closely with each other, acting in accordance with their national legal and administrative systems, in order to increase the effectiveness of law enforcement measures to curb offenses recognized as such in accordance with paragraph 1 of Article 3. In particular, they shall, on the basis of bilateral or multilateral agreements or arrangements: (a) Establish and maintain channels of communication between their competent institutions and services in order to facilitate the reliable and rapid exchange of information relating to all aspects of offences established in accordance with paragraph 1 of Article 3, including, if the Parties concerned deem it appropriate It is advisable to link with other types of criminal activity.;        (b) Cooperate with each other in the investigation of offences established in accordance with paragraph 1 of article 3 and of an international nature in order to identify: (i) the identity, location and activities of persons suspected of participating in offences established in accordance with paragraph 1 of article 3; (ii) the movement of income or property obtained as a result of committing such offenses;        (iii) the movement of narcotic drugs, psychotropic substances, substances included in Table 1 and Table 2 of this Convention, and funds used or intended for use in the commission of such offences; (c) establish, where appropriate, and if this does not violate the laws of the country, joint groups, taking into account the need to ensure security persons and operations to implement the provisions of this paragraph. Officials of any Party who are part of such groups shall act with the approval of the relevant authorities of the Party in whose territory the operation is to be conducted; in all such cases, the Parties concerned shall ensure full respect for the sovereignty of the Party in whose territory the operation is being conducted; d), where appropriate, provide sufficient samples of substances for research or investigative purposes. goals;        (e) Promote effective coordination between their competent institutions and services and the exchange of staff and other experts, including the placement of liaison officers.        2. Each Party, to the extent necessary, implements, develops or improves specific training programs for law enforcement and other authorities, including customs, responsible for the suppression of offenses recognized as such in accordance with paragraph 1 of Article 3. Such programmes, in particular, relate to the following: (a) methods used in the detection and suppression of offences established in accordance with paragraph 1 of article 3; (b) routes and facilities used by persons suspected of participating in offences established in accordance with paragraph 1 of article 3, in particular in States transit, and appropriate countermeasures; (c) Monitoring the import and export of narcotic drugs, psychotropic substances and substances listed in Table 1 and Table 2;        (d) Identification and monitoring of the circulation of income and property obtained as a result of the commission of offences established in accordance with paragraph 1 of Article 3, and narcotic drugs, psychotropic substances and substances included in Table 1 and Table 2, and the means used or intended to be used in the commission of such offences; (e) Methods of transfer, concealment or concealment of such income, property and funds; f) collection of evidence; g) methods of control in free trade zones and free ports;        h) Modern law enforcement methods.        3. The Parties shall assist each other in planning and implementing research and training programmes designed to ensure the exchange of expertise in the fields referred to in paragraph 2 of this Article, and for this purpose shall also use, as appropriate, regional and international conferences and seminars to promote cooperation and discuss issues of mutual interest, including the special problems and needs of the transit State.    

                               Article 10

                   International cooperation and assistance for transit States 1. The Parties shall cooperate directly or through competent international or regional organizations in order to provide assistance and support to transit States and, in particular, to the extent possible, developing countries in need of such assistance and support, through the implementation of technical cooperation programmes in the suppression of illicit trafficking, as well as through the implementation of other related activities.        2. The Parties may undertake to provide, directly or through competent international or regional organizations, financial assistance to such transit States in order to expand and strengthen the infrastructure necessary for the effective suppression and prevention of illicit trafficking.        3. The Parties may conclude bilateral and multilateral agreements or arrangements in order to enhance the effectiveness of international cooperation pursuant to this Article and may take into account financial arrangements in this regard.    

                               Article 11

                        Controlled deliveries 1. The Parties, to the extent permitted by the basic principles of their national legal systems, shall take, within their capabilities, the necessary measures to ensure the proper use of controlled deliveries at the international level on the basis of mutually acceptable agreements or mutual arrangements in order to identify persons involved in the offences established in accordance with paragraph 1 of Article 3, and their criminal prosecution.        2. Decisions on the use of controlled deliveries are made on a case-by-case basis and may, if necessary, take into account financial arrangements and mutual understandings regarding the exercise of jurisdiction reached by the relevant Parties.        3. Illegal shipments, controlled deliveries of which are carried out in accordance with the agreements reached, may, with the consent of the relevant Parties, be intercepted and left for further transportation with the preservation or complete or partial replacement of narcotic drugs or psychotropic substances.    

Article 12                                             Substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances 1. The Parties shall take such measures as they deem necessary to prevent the diversion of substances included in Table 1 and Table 2 that are used for the illicit manufacture of narcotic drugs or psychotropic substances, and to this end shall cooperate with each other.        2. If a Party or the Committee has information that, in their opinion, may require the inclusion of a substance in Table 1 or Table 2, they shall notify the Secretary-General and provide him with information to confirm the notification. The procedure set out in paragraphs 2-7 of this Article shall also apply if a Party or the Committee has information justifying the exclusion of a substance from Table 1 or Table 2 or the transfer of a substance from one list to another.        3. The Secretary-General shall transmit such notification and any information that he considers relevant to the case to the Parties, the Commission and, if any Party makes a notification to this effect, to the Committee. The Parties shall communicate to the Secretary-General their comments on the notification, together with all additional information that may assist the Committee in conducting the assessment and the Commission in reaching a decision.        4. If the Committee, taking into account the scale, significance and diversity of the legitimate use of this substance, as well as the possibility and ease of using alternative substances, both for legitimate purposes and for the illicit manufacture of narcotic drugs and psychotropic substances, considers that: (a) the substance is often used in the illicit manufacture of narcotic drugs or psychotropic substances;        (b) The volume and extent of the illicit manufacture of narcotic drugs or psychotropic substances pose serious public health or social problems that warrant international action.        The Committee shall communicate to the Commission the results of the evaluation of this substance, including the possible effects of listing this substance in Table 1 or Table 2 on legitimate use and illicit manufacture, as well as recommendations for control measures, if necessary, in the light of the evaluation results.        5. The Commission, taking into account the comments submitted by the Parties and the observations and recommendations of the Committee, whose assessment is crucial in relation to scientific issues, as well as taking due account of any other relevant factors, may, by a two-thirds majority vote of its members, decide to include a substance in Table 1 or Table 2. 6. Any decision of the Commission taken pursuant to this article shall be communicated by the Secretary-General to all States and other organizations that are and that are eligible to become Parties to this Convention and to the Committee. Such a decision shall enter into full force for each Party one hundred and eighty days after the date of sending such a notification.        7. (a) Commissions adopted pursuant to this article shall be reviewed by the Council at the request of any Party requested by it within one hundred and eighty days after the date of notification of this decision. The request for review shall be sent to the Secretary-General, together with all relevant information on the basis of which the request for review is made; (b) The Secretary-General shall transmit copies of the request for review and relevant information to the Commission, the Committee 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 or cancel the Commission's decision. Notification of the Council's decision shall be sent to all States and other organizations that are Parties to this Convention and which have the right to become such, to the Commission and the Committee.        8. (a) Without prejudice to the general nature of the provisions of paragraph 1 of this article and the provisions of the 1961 Convention, this Convention as amended and the 1971 Convention, the Parties shall implement such measures as they deem necessary to control the manufacture and distribution of substances listed in Table 1 and Table 2 of this Convention.        (b) To this end, the Parties may: (i) exercise control over all persons and enterprises manufacturing and distributing such substances or participating in such manufacture and distribution; (ii) control, by means of licenses, enterprises and premises in which such manufacture or distribution may take place; (iii) require licensees to obtain permits for the above-mentioned operations;        (iv) to prevent the concentration at the disposal of manufacturers and distributors of such quantities of these substances that exceed the quantities necessary for their normal operations, taking into account the current market conditions.        9. With respect to substances included in Table 1 and Table 2, each Party shall take the following measures: (a) Establish and maintain a monitoring system for international trade in substances included in Table 1 and Table 2 in order to facilitate the identification of suspicious transactions. Such monitoring systems are used in close cooperation with manufacturers, importers, exporters, wholesalers and retailers, who inform the competent authorities of suspicious orders and transactions; b) ensure the seizure of any substances listed in Table 1 and Table 2, if there is convincing evidence that they are intended for illicit manufacturing purposes. any narcotic drug or psychotropic substance;        (c) Notify, as soon as possible, the competent national authorities and services of the Parties concerned, if there is reason to believe that the import, export or transit of any substance included in Table 1 or Table 2 is carried out for the purpose of illicit manufacture of narcotic drugs or psychotropic substances, informing, in particular, about the means of payment or any other basic elements that served as the basis for such a conclusion; d) requires that imported and exported substances have proper labeling and documentation. Commercial documents, such as invoices, cargo documents, should contain the names of the imported or exported substances indicated in Table 1 or Table 2, an indication of the quantity of the imported or exported substance, and the name and address of the importer, exporter and, if available, consignee; (e) Ensure that the documents referred to in subparagraph (d) They were stored for at least two years and could be provided to the competent national authorities for inspection.        10. (a) In addition to the provisions of paragraph 9, and at the request of the Party concerned addressed to the Secretary-General, each Party from whose territory a substance listed in Table 1 is to be exported shall ensure that, prior to such export, its competent authorities provide the following information to the competent authorities of the importing country: (i) name and the address of the exporter and importer and, if any, the consignee; (ii) the designation of the substance included in Table 1; (iii) the quantity of the substance to be exported;        (iv) the intended point of entry and the expected date of departure; (v) any other information on which the Parties have mutually agreed; (b) A Party may apply stricter and stricter control measures than those provided for in this paragraph if, in its opinion, such measures are appropriate and necessary.        11. If one Party provides information to the other Party in accordance with paragraphs 9 and 10 of this Article, the Party providing such information may require that the receiving Party maintain the confidentiality of any trade, business, commercial or professional secret or trade transaction.        12. Each Party shall annually provide the Committee with the following information in the form prescribed by it, in accordance with the procedure established by it and on the forms provided to it: (a) the volume of seized substances included in Table 1 and Table 2, and, where known, their origin; (b) any substance not included in Table 1 or Table 2, which, according to available data, was used in the illicit manufacture of narcotic drugs or psychotropic substances and which, in the opinion of the Party, is a sufficiently serious problem that deserves the attention of the Committee.;        (c) Types of leakage and methods of illicit manufacture.        13. The Committee annually reports to the Commission on the implementation of this article, and the Commission periodically reviews the adequacy and compliance of Table 1 and Table 2. 14. The provisions of this article do not apply either to pharmaceutical preparations or to other preparations that contain substances listed in Table 1 or Table 2, but have a composition such that these substances cannot be easily used or extracted using available means.                                  Article 13  

                   Materials and equipment          The Parties shall take such measures as they deem necessary to prevent the trafficking of materials and equipment and their diversion for the illicit production or manufacture of narcotic drugs and psychotropic substances, and to this end shall cooperate with each other.    

                             Article 14

Measures to eradicate the illicit cultivation of narcotic plants and to eliminate illicit demand for narcotic drugs and psychotropic substances 1. Any measures taken in accordance with this Convention by the Parties should be no less stringent than the provisions relating to the eradication of illicit cultivation of plants containing narcotic drugs and psychotropic substances and the elimination of illicit demand for narcotic drugs and psychotropic substances. psychotropic substances provided for in the 1961 Convention and this Convention as amended and the 1971 Convention.        2. Each Party shall take appropriate measures to prevent the illicit cultivation and destruction of plants containing narcotic and psychotropic substances, such as opium poppies, coca bushes and cannabis plants, which are cultivated illegally on its territory. When taking these measures, fundamental human rights are respected and the traditional forms of legitimate use of such plants are duly taken into account, when there are historical facts confirming such use, as well as the interests of environmental protection.        3. (a) The Parties may cooperate to enhance the effectiveness of efforts to eradicate illicit cultivation. Such cooperation may, in particular, include, where appropriate, assistance to integrated rural development that provides cost-effective alternatives to illicit cultivation. Before implementing such rural development programmes, factors such as market access, resource availability and existing socio-economic conditions should be taken into account. The Parties may agree on any other appropriate measures of cooperation.;        (b) The Parties shall also promote the exchange of scientific and technical information and research in the field of the eradication of illicit cultivation; (c) In cases where the Parties have common borders, they shall seek to cooperate in the implementation of programmes for the eradication of illicit cultivation in areas adjacent to such borders.        4. In order to reduce human suffering and eliminate financial incentives for illicit trafficking, the Parties shall take appropriate measures aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances. These measures can be based, in particular, on the recommendations of the United Nations, specialized agencies of the United Nations, such as the World Health Organization, and other competent international organizations, as well as the Comprehensive Interdisciplinary Plan adopted by the International Conference on Combating Drug Abuse and Illicit Trafficking, held in 1987, in which to the extent that it concerns governmental and non-governmental institutions and the activities of individuals and organizations in the field of drug addiction prevention, treatment and rehabilitation of drug addicts. The Parties may conclude bilateral or multilateral agreements or reach agreements aimed at eliminating or reducing demand for narcotic drugs and psychotropic substances.        5. The Parties may also take the necessary measures for the prompt destruction or lawful use of narcotic drugs, psychotropic substances and substances included in Table 1 and Table 2 that have been seized or confiscated, and to ensure that the necessary quantities of such substances, duly certified, can be used as evidence.    

                             Article 15

                    Commercial carriers 1. The Parties shall take appropriate measures to ensure that vehicles operated by commercial carriers are not used in the commission of offences established in accordance with paragraph 1 of Article 3; such measures may include special arrangements with commercial carriers.        2. Each Party shall oblige commercial carriers to take reasonable precautions to prevent the use of their vehicles to commit offences established in accordance with paragraph 1 of Article 3. Such precautions may include: (a) if the central office of the commercial carrier is located in the territory of the Party: (i) training of personnel to identify suspicious goods or persons; ((ii) Encouraging staff to perform their duties in good faith;        (b) If a commercial carrier operates within the territory of a Party: (i) the early submission of cargo declarations, whenever possible; (ii) the use of reliable, individually verifiable seals on containers; (iii) prompt notification to the relevant authorities of all suspicious circumstances that may relate to offences established in accordance with with paragraph 1 of Article 3. 3. Each Party shall strive to ensure cooperation between commercial carriers and relevant authorities at entry and exit points and other customs control zones in order to prevent unauthorized access to vehicles and cargo and to implement appropriate security measures.    

                               Article 16

               Commercial documents and labeling of exported goods 1. Each Party requires that legally exported narcotic drugs and psychotropic substances be accompanied by proper documents. In addition to the documentation requirements under article 31 of the 1961 Convention and article 31 of that Convention, as amended, and article 12 of the 1971 Convention, commercial documents such as invoices, cargo declarations, Customs, transport, and other cargo documents must include those listed in the relevant 1961 Conventions, this Convention as amended and the 1971 Convention on the Names of Exported Narcotic Drugs and Psychotropic Substances, the quantity of the exported substance and the name and address of the exporter, importer and, if available, the recipient.        2. Each Party requires that exported shipments of narcotic drugs and psychotropic substances are not mislabeled.    

                             Article 17

Illegal traffic at sea 1. The Parties, in accordance with international maritime law, shall cooperate to the maximum extent possible in order to suppress illegal traffic at sea.        2. A Party that has reasonable grounds to suspect that a vessel flying its flag or not carrying a flag or markings indicating its registration is involved in illegal trafficking may request the assistance of other Parties in suppressing its use for this purpose. The Parties to which such a request is made shall provide such assistance within the means at their disposal.        3. A Party that has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordance with international law and carrying the flag or identifying marks of the other Party is involved in illegal trafficking may notify the flag State, request confirmation of registration and, if confirmed, request permission from the flag State to take appropriate measures in in relation to this vessel.        4. In accordance with paragraph 3 or in accordance with existing treaties between them, or in accordance with any agreement or arrangement otherwise reached between these Parties, the flag State may authorize the requesting State, in particular: (a) to board the vessel; (b) to inspect the vessel; (c) if evidence is found. to take appropriate measures with respect to this vessel, persons and cargo on board.        5. In the case of measures taken pursuant to this article, the Countries concerned shall take due account of the need not to endanger the safety of life at sea, the ship and cargo, as well as not to prejudice the commercial and security of other legitimate interests of the flag State or any other interested State.        6. The flag State may, in accordance with its obligations in paragraph 1 of this Article, accompany its authorization with conditions to be mutually agreed between it and the requesting Party, including conditions relating to liability.        7. For the purposes of paragraphs 3 and 4, a Party shall promptly respond to a request received from the other Party to determine whether a vessel flying its flag is eligible to do so, as well as to requests for appropriate authorization made pursuant to paragraph 3. Upon becoming a Party to this Convention, each Party shall designate an authority or, in the case of if necessary, the authorities that should receive such requests and respond to them. Notification of such appointment shall be sent through the Secretary-General to all other Parties within one month from the date of appointment.        8. The Party that has taken any action in accordance with this article shall immediately inform the relevant flag State of the results of these actions.        9. The Parties shall consider concluding bilateral and regional agreements or arrangements with a view to implementing the provisions of this article or increasing their effectiveness.        10. The measures taken on the basis of paragraph 4 of this article shall be carried out only by warships or military aircraft or other ships or aircraft that have clear external markings allowing them to be identified as being in government service and are authorized for this purpose.        11. Any actions taken in accordance with this article shall take due account of the need not to impede or prejudice the exercise of the rights and obligations, as well as the jurisdiction of coastal States in accordance with international maritime law.    

                              Article 18

           Free trade zones and free ports 1. In order to curb illicit trafficking in narcotic drugs, psychotropic substances and substances included in Table 1 and Table 2, the Parties shall apply no less stringent measures in free trade zones and free ports than those applied in other parts of their territories.        2. The Parties shall strive to: (a) Monitor the movement of goods and people in free trade zones and free ports and, for this purpose, authorize competent national authorities to inspect cargo and incoming and outgoing vessels, including pleasure and fishing vessels, as well as aircraft and land vehicles, and, if necessary, to inspect crew members and passengers, as well as their luggage;        (b) Establish and use a system for detecting shipments suspected of containing narcotic drugs, psychotropic substances and substances listed in Table 1 and Table 2 that are imported into or exported from free trade zones and free ports; (c) Establish and use control systems in areas of port facilities and airports and at the border control points in these areas.    

                               Article 19

               Use of postal items 1. In accordance with their obligations under the conventions of the Universal Postal Union and in accordance with the basic principles of their national legal systems, the Parties take measures to curb the use of mail for illicit trafficking and cooperate with each other to this end.        2. The measures referred to in paragraph 1 of this article include, in particular: (a) Coordinated actions to prevent and suppress the use of mail for illicit trafficking;        (b) The introduction and use by authorized health officials of methods and means of search and control designed to detect illegal shipments of narcotic drugs, psychotropic substances and substances listed in Table 1 and Table 2 in the mail; (c) Legislative measures allowing the use of appropriate means in order to obtain evidence necessary for criminal prosecution.    

                              Article 20

               Information provided by the Parties 1. The Parties shall provide the Commission, through the Secretary-General, with information on the operation of this Convention in their territories, and in particular: (a) The texts of laws and regulations adopted to ensure the implementation of this Convention;        (b) Detailed information on trafficking cases within their jurisdiction that they consider important in view of the new trends identified, the number involved in such trafficking, and the sources of substances or methods used by the traffickers.        2. The Parties shall provide this information in such manner and within such time limits as the Commission may request.    

                               Article 21      

                          Functions of the Commission (a) The Commission, on the basis of information provided by the Parties in accordance with Article 20, monitors the implementation of this Convention; (b) The Commission may make proposals and general recommendations based on consideration of information received from the Parties; (c) The Commission may draw the attention of the Committee to any matters that may be relevant to the functions of the Committee;        (d) The Commission shall take such action as it deems appropriate on any matter referred to it by the Committee in accordance with paragraph 1 (b) of article 22; (e) The Commission may amend Table 1 and Table 2 in accordance with the procedures set out in article 12; (f) The Commission may the attention of States that are not Parties to the decisions and recommendations that it takes in accordance with this Convention, so that these Parties consider the possibility of taking measures in accordance with the said Convention.    

                               Article 22

Functions of the Committee 1. Without prejudice to the functions of the Commission under article 21 and without prejudice to the functions of the Committee and the Commission under the 1961 Convention, that Convention as amended and the 1971 Convention: (a) If, on the basis of a review of information provided to it, the Secretary-General or the Commission, or information transmitted by organs of the United Nations, the Committee has grounds to Considering that the objectives of this Convention in matters relating to its competence are not being fulfilled, the Committee may invite a Party or Parties to provide it with any relevant information.;        (b) With respect to articles 12, 13 and 16: (i) After taking measures pursuant to subparagraph (a) of this article, the Committee, if it considers that this is necessary, may call upon the Party concerned to take such corrective measures as are deemed necessary in the circumstances to implement the provisions of articles 12, 13 and 16.(ii) before taking action pursuant to subparagraph (iii) below, the Committee shall treat as confidential its contacts with the Party concerned pursuant to the preceding subparagraphs;        (iii) If the Committee becomes aware that the Party concerned has not taken the corrective measures it was requested to take under this subparagraph, it may draw the attention of the Parties, the Council and the Commission to the matter. Any report issued by the Committee pursuant to this subparagraph shall also contain the views of the Party concerned, if requested to do so.        2. Any Party is invited to attend a meeting of the Committee at which, on the basis of this article, a matter of direct interest to it is being considered. 3. If in any case the Committee's decision, which is taken on the basis of this article, is not unanimous, the minority opinions shall be indicated.        4. Decisions of the Committee based on this article shall be taken by a two-thirds majority vote of all members of the Committee.        5. In carrying out its functions in accordance with subparagraph 1 (a) of this article, the Committee shall ensure the confidentiality of all information that may come at its disposal.        6. The responsibility of the Committee under this article does not extend to the implementation of contracts or agreements concluded between the Parties in accordance with the provisions of this Convention.        7. The provisions of this Article shall not apply to disputes between the Parties subject to the provisions of Article 32.    

                               Article 23

                            Reports of the Committee 1. The Committee shall prepare an annual report on its work, containing an analysis of the information available to it and, where appropriate, clarifications, if any, provided by the Parties or requested from them, together with any comments and recommendations that the Committee may wish to make. The Committee may prepare such additional reports as it deems necessary. Reports are submitted to the Council through the Commission, which may make such comments as it deems appropriate.        2. The Committee's reports are transmitted to the Parties and then published by the Secretary-General. The Parties allow their unlimited distribution.    

                                Article 24

                The application of stricter measures than those provided for in this Convention          A Party may take stricter or more severe measures than those provided for in this Convention if, in its opinion, such measures are appropriate or necessary to prevent or suppress illicit trafficking.    

                                Article 25

        Retention of rights and obligations under previous agreements         The provisions of this Convention do not prejudice any rights or obligations assumed by the Parties to this Convention in accordance with the 1961 Convention, this Convention as amended and the 1971 Convention.    

                               Article 26

                               Signature This Convention shall be open for signature at the United Nations Office at Vienna from 20 December 1988 until 28 February 1989 and thereafter at United Nations Headquarters in New York until 20 December 1989 by: (a) all States; (b) Namibia, represented by the United Nations Security Council. Namibia;        (c) Regional economic integration organizations competent to negotiate, conclude and apply international agreements on matters subject to this Convention; references under the Convention to Parties, States or national services are applicable to these organizations within their competence.    

                               Article 27

                  Ratification, acceptance, approval or act of formal confirmation 1. This Convention is subject to ratification, acceptance or approval by States and Namibia, as represented by the United Nations Council for Namibia, and to acts of formal confirmation by regional economic integration organizations referred to in subparagraph (c) of article 26. Instruments of ratification, acceptance or approval, as well as documents relating to acts of official confirmation, shall be deposited with the Secretary-General.        2. In their official confirmation documents, regional economic integration organizations declare the limits of their competence with respect to matters governed by this Convention. These organizations shall also inform the Secretary-General of any changes in the limits of their competence with respect to matters governed by this Convention.    

                               Article 28

                              1. This Convention shall remain open for accession by any State, Namibia, represented by the United Nations Council for Namibia, and the regional economic integration organizations referred to in subparagraph (c) of article 26. Accession shall be effected by depositing an instrument of accession with the Secretary-General.        2. In their instruments of accession, regional economic integration organizations declare the extent of their competence with respect to matters governed by this Convention. These organizations shall also inform the Secretary-General of any changes in the limits of their competence with respect to matters governed by this Convention.    

                               Article 29

                             Entry into force 1. This Convention shall enter into force on the ninetieth day after the date of deposit with the Secretary-General of the twentieth instrument of ratification, acceptance, approval or accession of States or Namibia, submitted by the Namibia Council.        2. For each State or Namibia represented by the Namibia Council that has ratified, accepted, approved or acceded to this Convention after the deposit of the twentieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession. joining.        3. For each regional economic integration organization referred to in subparagraph (c) of article 26 depositing an instrument of official confirmation or an instrument of accession, this Convention shall enter into force on the ninetieth day after such deposit or on the date of entry into force of the Convention in accordance with paragraph 1 of this article, depending on it depends on which of these dates is later.    

                               Article 30

                               Denunciation 1. Any Party may denounce this Convention at any time by written notification addressed to the Secretary-General.        2. Such denunciation shall take effect for that Party one year after receipt of the notification by the Secretary-General.    

                               Article 31

                               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 by that Party to the Secretary-General, who shall communicate it to the other Parties and ask them if they agree with the proposed amendment. If a proposed amendment so circulated has not been rejected by either Party within twenty-four months of its dispatch, it shall be deemed accepted and shall enter into force for either Party ninety days after the deposit with the Secretary-General of an instrument expressing its consent to be bound by such amendment.        2. If the proposed amendment is rejected by any Party, the Secretary-General shall consult with the Parties and, at the request of the majority, communicate this, as well as any comments made by the Parties, to the Council, which may decide to convene a conference in accordance with paragraph 4 of Article 62 of the Charter of the United Nations. Any amendment adopted at such a conference shall be included in the Protocol on the Amendment. The Secretary-General is specifically informed of the consent to be bound by such a Protocol.    

                               Article 32

Dispute settlement 1. In the event of any dispute between two or more Parties concerning the interpretation or application of this Convention, the 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 choice.        2. Any such dispute that cannot be settled in the manner prescribed by paragraph 1 of this article, at the request of any of the States parties to the dispute, shall be referred to the International Court of Justice for decision.        3. If any regional economic integration organization referred to in subparagraph (c) of article 26 is one of the parties to a dispute that cannot be settled in accordance with paragraph 1 of this article, it may, through any Member State of the United Nations, apply to the Council so that it may request Advisory opinion of the International Court of Justice in accordance with article 65 of the Status of the Court, whose opinion is considered decisive.        4. Any State may, at the time of signature or ratification, acceptance or approval of this Convention or upon accession thereto, or any regional economic integration organization may, at the time of signature or when depositing an instrument of formal confirmation or accession, declare that it does not consider itself bound by the provisions of paragraphs 2 and 3 of this article. The other Parties are not bound by paragraphs 2 and 3 with respect to any Party that has made such a declaration.  

                               Article 33

                          Authentic texts  

    The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention are equally authentic.  

                               Article 34

                              The Depository  

    The Secretary-General is the depositary of this Convention.      In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.  

    Done at Vienna, in one copy, on the twentieth of December, one thousand nine hundred and eighty-eight.

                                                      Application

          Table 1 Table 2

       Lysergic acid               Acetic acid anhydride

       Pseudoephedrine                      Anthranilic acid

       1-Phenyl-2-propanone Acetone

       Ergometrine                         Piperidine

       Ergotamine                          Ethyl alcohol

       Ephedrine Phenylacetic acid  

       Salts of all substances,                 The salts of all substances listed in this table are listed in this table in cases where, in cases where the formation of such salts, the formation of such salts is possible.                          maybe.  

                                 * * *  

    The Convention was ratified by the Supreme Soviet of the USSR on October 9, 1990, and the instrument of ratification was deposited with the UN Secretary-General on December 17, 1990.  

       The Convention entered into force for the USSR on April 17, 1991.  

       Collection of international treaties of the USSR

       Moscow, 1994.      

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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