UN convention Against Illicit Traffic in Naroctic Drugs and Psychotropic Substances,1988
UNITED NATIONS
FINAL ACT OF THE UNITED NATIONS CONFERENCE
FOR THE ADOPTION OF A CONVENTION AGAINST
ILLICIT TRAFFIC IN NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES
1. The General Assembly of the United Nations, by its resolution 39/141 of 14 December
1984, requested the Economic and Social Council of the United Nations, “taking into
consideration Article 62, paragraph 3, and Article 66, paragraph 1, of the Charter of the
United Nations and Council resolution 9 (1) of 16 February 1946, to request the Commission
on Narcotic Drugs to initiate at its thirty-first session, to be held in February 1985, as a matter
of priority, the preparation of a draft convention against illicit traffic in narcotic drugs which
considers the various aspects of the problem as a whole and, in particular, those not
envisaged in existing international instruments . . .”.
2. In furtherance of the foregoing request, and the follow-up action by the Commission on
Narcotic Drugs and the Economic and Social Council, the Secretary-General of the United
Nations prepared the initial text of a draft Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances. On the basis of the comments made thereon by Governments
and the deliberations of the Commission on Narcotic Drugs on that draft at its thirty-second
session in 1987, the Secretary-General prepared a consolidated working document, which
was circulated to all Governments in April 1987 and was considered at two sessions of an
open-ended intergovernmental expert group. On 7 December 1987, the General Assembly
adopted resolution 42/111, which gave further instructions for advancing the preparation of
the draft Convention. As the time available to the expert group had not permitted thorough
consideration of all the articles, the General Assembly requested the Secretary-General to
consider convening a further intergovernmental expert group, meeting for two weeks
immediately prior to the tenth special session of the Commission on Narcotic Drugs in
February 1988, to continue revision of the working document on the draft Convention against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances and, if possible, to reach
agreement on the Convention. At its tenth special session, held at Vienna from 8 to 19
February 1988, the Commission on Narcotic Drugs reviewed the text of the draft Convention
and decided that certain articles thereof should be referred to the Conference to be convened
to adopt a Convention. The Commission also recommended certain means to the Economic
and Social Council to further the preparation of the draft Convention.
3. The Economic and Social Council, by its resolution 1988/8 of 25 May 1988, having recalled
the preparatory work undertaken pursuant to General Assembly resolution 39/141 by the
competent United Nations organs, decided “to convene, in accordance with Article 62,
paragraph 4, of the Charter of the United Nations and within the provisions of General
Assembly resolution 366 (IV) of 3 December 1949, a conference of plenipotentiaries for the
adoption of a convention against illicit traffic in narcotic drugs and psychotropic substances”.
By its decision 1988/120, also adopted on 25 May 1988, the Council decided that the
Conference should be held at Vienna from 25 November to 20 December 1988 and that the
Secretary-General should send invitations to participate in the Conference to those who had
been invited to participate in the International Conference on Drug Abuse and Illicit
Trafficking, held at Vienna from 17 to 26 June 1987.
4. By its resolution 1988/8, the Economic and Social Council also decided to convene a
review group for the Conference to review the draft texts of certain articles and the draft
Convention as a whole to achieve overall consistency in the text to be submitted to the
Conference. The Review Group on the draft Convention met at the United Nations Office at
Vienna from 27 June to 8 July 1988 and adopted a report to the Conference (E/CONF.82/3).
5. The United Nations Conference for the Adoption of a Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances met at the Neue Hofburg at Vienna from 25
November to 20 December 1988.
6. Pursuant to Economic and Social Council resolution 1988/8 of 25 May 1988 and its
decision 1988/120 of the same date, the Secretary-General invited to the Conference:
(a) All States;
(b) Namibia, represented by the United Nations Council for Namibia;
(c) Representatives of organizations that have received a standing invitation
from the General Assembly to participate in the sessions and the work of all
international conferences convened under its auspices in the capacity of
observers to participate in the Conference in that capacity, in accordance
with Assembly resolutions 3237 (XXIX) of 22 November 1974 and 31/152 of
20 December 1976;
(d) Representatives of the national liberation movements recognized in its
region by the Organization of African Unity to participate in the Conference in
the capacity of observers, in accordance with General Assembly resolution
3280 (XXIX) of 10 December 1974;
(e) The specialized agencies and the International Atomic Energy Agency, as
well as interested organs of the United Nations, to be represented at the
Conference;
(f) Other interested intergovernmental organizations to be represented by
observers at the Conference;
(g) Interested non-governmental organizations in consultative status with the
Economic and Social Council and other interested non-governmental
organizations that may have a specific contribution to make to the work of the
Conference to be represented by observers at the Conference.
7. The delegations of the following 106 States participated in the Conference:
Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh,
Barbados, Belgium, Bolivia, Botswana, Brazil, Bulgaria, Burma, Byelorussian Soviet Socialist
Republic, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Costa Rica, Côte
d’lvoire, Cuba, Cyprus, Czechoslovakia, Denmark, Dominican Republic, Ecuador, Egypt,
Ethiopia, Finland, France, German Democratic Republic, Germany, Federal Republic of,
Ghana, Greece, Guatemala, Guinea, Holy See, Honduras, Hungary, India, Indonesia, Iran
(Islamic Republic of), Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait,
Libyan Arab Jamahiriya, Luxembourg, Madagascar, Malaysia, Malta, Mauritania, Mauritius,
Mexico, Monaco, Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway,
Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland,
Portugal, Qatar, Republic of Korea, Saudi Arabia, Senegal, Spain, Sri Lanka, Sudan,
Suriname, Sweden, Switzerland, Thailand, Tunisia, Turkey, Ukrainian Soviet Socialist
Republic, Union of Soviet Socialist Republics, United Arab Emirates, United Kingdom of Great
Britain and Northern Ireland, United Republic of Tanzania, United States of America,
Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia and Zaire.
8. The representatives of the following national liberation movements, invited to the
Conference by the Secretary-General, attended and participated as provided for in the rules
of procedure of the Conference (E/CONF.8217): Pan Africanist Congress of Azania and
South West Africa People’s Organization.
9. The representatives of the following specialized agencies, invited to the Conference by the
Secretary-General, attended and participated as provided for in the rules of procedure of the
Conference: International Civil Aviation Organization, International Labour Organisation,
United Nations Educational, Scientific and Cultural Organization, United Nations Industrial
Development Organization and World Health Organization.
10. The representatives of the following other intergovernmental organizations, invited to the
Conference by the Secretary-General, attended and participated as provided for in the rules
of procedure of the Conference: Arab Security Studies and Training Center, Colombo Plan
Bureau, Council of Europe, Customs Co-operation Council, European Economic Community,
International Criminal Police Organization, League of Arab States and South American
Agreement on Narcotic Drugs and Psychotropic Substances.
11. The representatives of the following interested United Nations organs and related bodies,
invited to the Conference by the Secretary-General, attended and participated as provided for
in the rules of procedure of the Conference: Centre for Social Development and Humanitarian
Affairs, International Narcotics Control Board, United Nations Asia and Far East Institute for
the Prevention of Crime and the Treatment of Offenders and United Nations Fund for Drug
Abuse Control.
12. Observers from the following non-governmental organizations, invited to the Conference
by the Secretary-General, attended and participated as provided for in the rules of procedure
of the Conference: Baha’i International Community, Caritas Internationalis, Centro Italiano de
Solidarità, Colombia Therapeutic Communities, Co-ordinating Board of Jewish Organizations,
Cruz Blanca Panama, Drug Abuse Prevention Programme, European Union of Women,
Integrative Drogenhilfe a.d. Fachhochschule Ffm. e.v., International Abolitionist Federation,
International Advertising Association, International Air Transport Association, International
Association of Democratic Jurists, International Association of Lions Clubs, International
Catholic Child Bureau, International Chamber of Commerce, International Confederation of
Free Trade Unions, International Council on Women, International Council of Alcohol and
Addictions, International Federation of Business and Professional Women, International
Federation of Social Workers, International Pharmaceutical Federation, International Schools
Association, Islamic African Relief Agency, Opium De-addiction Treatment, Training and
Research Trust, Pace United Kingdom International Affairs, Pax Romana, Soroptimist
International, World Association of Girl Guides and Girl Scouts, World Union of Catholic
Women’s Organizations and Zonta International Committee.
13. The Conference elected Mr. Guillermo Bedregal Gutiérrez (Bolivia) as President.
14. The Conference elected as Vice-Presidents the representatives of the following States:
Algeria, Argentina, Bahamas, China, Côte d’lvoire, France, Iran (Islamic Republic of), Japan,
Kenya, Malaysia, Mexico, Morocco, Nigeria, Pakistan, Philippines, Senegal, Sudan, Sweden,
Turkey, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern
Ireland, United States of America, Venezuela and Yugoslavia.
15. The Conference elected Mrs. Mervat Tallawy (Egypt) as Rapporteur-General.
16. The following Committees were set up by the Conference:
General Committee
Chairman: The President of the Conference
Members: The President and Vice-Presidents of the Conference, the
Rapporteur-General of the Conference, the Chairmen of the Committees of
the Whole and the Chairman of the Drafting Committee.
Committees of the Whole
Committee I
Chairman: Mr. Gioacchino Polimeni (Italy)
Vice-Chairman: Mr. M.A. Hena (Bangladesh)
Rapporteur: Mr. Oskar Hugler (German Democratic Republic)
Committee II
Chairman: Mr. István Bayer (Hungary)
Vice-Chairman: Mr. L.H.J.B. van Gorkom (Netherlands)
Rapporteur: Mrs. Yolanda Fernández Ochoa (Costa Rica)
Drafting Committee
Chairman: Mr. M.V.N. Rao (India)
Vice-Chairman: Mr. Hashem M. Kuraa (Egypt)
Members: The Chairman of the Drafting Committee and the representatives
of the following States: Australia, Botswana, Canada, China, Colombia,
Czechoslovakia, Egypt, France, Ghana, Iraq, Peru, Senegal, Spain and
Union of Soviet Socialist Republics.
The Rapporteurs of the Committees of the Whole participated ex officio in the
work of the Drafting Committee in accordance with rule 49 of the rules of
procedure of the Conference.
Credentials Committee
Chairman: Mr. Edouard Molitor (Luxembourg)
Members: The representatives of the following States: Bolivia, Botswana,
China, Côte d’lvoire, Jamaica, Luxembourg, Thailand, Union of Soviet
Socialist Republics and United States of America.
17. The Secretary-General of the United Nations was represented by Miss Margaret J.
Anstee, Under-Secretary-General, Director-General of the United Nations Office at Vienna.
Mr. Francisco Ramos-Galino, Director of the Division of Narcotic Drugs, was appointed by the
Secretary-General as Executive Secretary.
18. The Conference had before it the report of the Review Group convened pursuant to
Economic and Social Council resolution 1988/8 of 25 May 1988 (E/CONF.82/3). In addition to
an account of the work of the Review Group, the report contained proposals submitted to the
Review Group relating to the draft Convention for consideration by the Conference, and the
text of the draft Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances (annex II). This draft Convention constituted the basic proposal for consideration
by the Conference.
19. The Conference in the course of its work divided the articles contained in the draft
Convention between the two Committees of the Whole (Committee I and Committee 11).
Articles 1 to 5 and the preamble were referred to Committee 1 and the remaining articles to
Committee Il. The Committees of the Whole, after agreeing upon the text of a particular
article, referred it to the Drafting Committee. The Committees of the Whole reported to the
Conference on the outcome of their work and the Drafting Committee submitted to the
Conference a complete text of the draft Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances (E/CONF.82/13).
20. On the basis of the deliberations set forth in the records of the Conference
(E/CONF.82/SR.1 to 8) and of the Committees of the Whole (E/CONF.82/C.1/SR.1 to 33 and
E/CONF.82/C.2/SR.1 to 34) and the reports of the Committees of the Whole (E/CONF.82/11
and E/CONF.82/12) and the Drafting Committee (E/CONF.82/13), the Conference drew up
the following Convention:
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances.
21. The foregoing Convention, which is subject to ratification, acceptance, approval or act of
formal confirmation, and which shall remain open for accession, was adopted by the
Conference on 19 December 1988 and opened for signature on 20 December 1988, in
accordance with its provisions, until 28 February 1989 at the United Nations Office at Vienna
and, subsequently, until 20 December 1989, at the Headquarters of the United Nations at
New York, the Secretary-General of the United Nations being the depositary.
22. The Conference also adopted the following resolutions, which are annexed to this Final
Act:
1. Exchange of information
2. Provisional application of the United Nations Convention against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances
3. Provision of necessary resources to the Division of Narcotic Drugs and the
secretariat of the International Narcotics Control Board to enable them to
discharge the tasks entrusted to them under the International Drug Control
Treaties
IN WITNESS WHEREOF the representatives have signed this Final Act.
DONE AT VIENNA this twentieth day of December one thousand nine hundred and eightyeight,
in a single copy, which will be deposited with the Secretary-General of the United
Nations, in the Arabic, Chinese, English, French, Russian and Spanish languages, each text
being equally authentic.
RESOLUTIONS ADOPTED BY THE UNITED NATIONS
CONFERENCE FOR THE ADOPTION OF A CONVENTION
AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES
Resolution 1
EXCHANGE OF INFORMATION
The United Nations Conference for the Adoption of a Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances,
Calling attention to resolution III adopted by the 1961 United Nations Conference for the
Adoption of a Single Convention on Narcotic Drugs, in which attention was drawn to the
importance of the technical records on international drug traffickers of the International
Criminal Police Organization and their use by that organization for the circulation of
descriptions of such traffickers,
Considering the machinery developed by the International Criminal Police Organization for
the timely and efficient exchange of crime investigation information between police authorities
on a world-wide basis,
Recommends that the widest possible use should be made by police authorities of the
records and communications system of the International Criminal Police Organization in
achieving the goals of the United Nations Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances.
Resolution 2
PROVISIONAL APPLICATION OF THE UNITED NATIONS CONVENTION AGAINST
ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
The United Nations Conference for the Adoption of a Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances,
1. Urges States, to the extent that they are able to do so, to accelerate steps to ratify the
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances so that it enters into force as quickly as possible;
2. Invites States, to the extent that they are able to do so, to apply provisionally the measures
provided in the Convention pending its entry into force for each of them;
3. Requests the Secretary-General to transmit the present resolution to the Economic and
Social Council and the General Assembly.
Resolution 3
PROVISION OF NECESSARY RESOURCES TO THE DIVISION OF NARCOTIC DRUGS
AND
THE SECRETARIAT OF THE INTERNATIONAL NARCOTICS CONTROL BOARD TO
ENABLE THEM TO DISCHARGE THE TASKS ENTRUSTED TO THEM UNDER THE
INTERNATIONAL
DRUG CONTROL TREATIES
The United Nations Conference for the Adoption of a Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances,
Recognizing that the Single Convention on Narcotic Drugs, 1961, that Convention as
amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961,
and the Convention on Psychotropic Substances 1971, remain the basis for international
efforts in the control of narcotic drugs and psychotropic substances, and that strict
implementation both by Governments and by the international control organs of the United
Nations of the obligations arising from the Conventions is essential to achieve their aims,
Considering that the United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances will create further obligations and financial outlays for Governments,
the Commission on Narcotic Drugs, the International Narcotics Control Board and their
secretariats,
Deeply disturbed by the impact of recent staffing and budgetary reductions on the capacity of
both the Division of Narcotic Drugs and the secretariat of the International Narcotics Control
Board to carry out fully their mandated programme of work,
1. Urges all Member States to take appropriate steps in the General Assembly as well as in
the financial organs of the Assembly to assign the appropriate priority and approve the
necessary budgetary appropriations with a view to providing the Division of Narcotic Drugs
and the secretariat of the International Narcotics Control Board with the necessary resources
to discharge fully the tasks entrusted to them under the United Nations Convention against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the Single Convention on
Narcotic Drugs, 1961, that Convention as amended by the 1972 Protocol Amending the
Single Convention on Narcotic Drugs, 1961, and the Convention on Psychotropic
Substances, 1971;
2. Requests the Secretary-General to take the necessary steps, within his competence, to
give effect to the provisions of paragraph 1 above.
CONTENTS
Page
United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances ……………………………………………………1
Article 1 Definitions ……………………………………………………………………………2
Article 2 Scope of the Convention …………………………………………………………..2
Article 3 Offences and sanctions …………………………………………………………….3
Article 4 Jurisdiction……………………………………………………………………………5
Article 5 Confiscation ………………………………………………………………………….5
Article 6 Extradition ……………………………………………………………………………7
Article 7 Mutual legal assistance …………………………………………………………….8
Article 8 Transfer of proceedings …………………………………………………………. 10
Article 9 Other forms of co-operation and training…………………………………….. 10
Article 10 International co-operation and assistance for transit States………………. 11
Article 11 Controlled delivery ……………………………………………………………….. 11
Article 12 Substances frequently used in the illicit manufacture of narcotic drugs or
psychotropic substances ………………………………………………………… 12
Article 13 Materials and equipment ………………………………………………………… 14
Article 14 Measures to eradicate illicit cultivation of narcotic plants and to eliminate
illicit demand for narcotic drugs and psychotropic substances ……………. 14
Article 15 Commercial carriers ……………………………………………………………… 14
Article 16 Commercial documents and labelling of exports ……………………………. 15
Article 17 Illicit traffic by sea ……………………………………………………………….. 15
Article 18 Free trade zones and free ports………………………………………………… 16
Article 19 The use of the mails ……………………………………………………………… 16
Article 20 Information to be furnished by Parties ……………………………………….. 17
Article 21 Functions of the Commission …………………………………………………… 17
Article 22 Functions of the Board…………………………………………………………… 17
Article 23 Reports of the Board …………………………………………………………….. 18
Article 24 Application of stricter measures than those required by this Convention.. 18
Article 25 Non-derogation from earlier treaty rights and obligations…………………. 18
Article 26 Signature…………………………………………………………………………… 19
Article 27 Ratification, acceptance, approval or act of formal confirmation …………. 19
Article 28 Accession…………………………………………………………………………… 19
Article 29 Entry into force……………………………………………………………………. 19
Article 30 Denunciation ………………………………………………………………………. 20
Article 31 Amendments………………………………………………………………………. 20
Article 32 Settlement of disputes…………………………………………………………… 20
Article 33 Authentic texts ……………………………………………………………………. 20
Article 34 Depository …………………………………………………………………………. 21
Tables (Please see Red List among Controlled Substances, at:
http://www.incb.org/e/index.htm)
UNITED NATIONS CONVENTION AGAINST ILICIT TRAFFIC IN
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
The Parties to this Convention,
Deeply concerned by the magnitude of and rising trend in the illicit production of, demand for and
traffic in narcotic drugs and psychotropic substances, which pose a serious threat to the health and
welfare of human beings and adversely affect the economic, cultural and political foundations of society,
Deeply concerned also by the steadily increasing inroads into various social groups made by illicit
traffic in narcotic drugs and psychotropic substances, and particularly by the fact that children are used in
many parts of the world as an illicit drug consumers market and for purposes of illicit production,
distribution and trade in narcotic drugs and psychotropic substances, which entails a danger of
incalculable gravity,
Recognizing the links between illicit traffic and other related organized criminal activities which
undermine the legitimate economies and threaten the stability, security and sovereignty of States,
Recognizing also that illicit traffic is an international criminal activity, the suppression of which
demands urgent attention and the highest priority,
Aware that illicit traffic generates large financial profits and wealth enabling transnational criminal
organizations to penetrate, contaminate and corrupt the structures of government, legitimate commercial
and financial business, and society at all its levels,
Determined to deprive persons engaged in illicit traffic of the proceeds of their criminal activities
and thereby eliminate their main incentive for so doing,
Desiring 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 enormous profits derived
from illicit traffic,
Considering that measures are necessary to monitor certain substances, including precursors,
chemicals and solvents, which are used in the manufacture of narcotic drugs and psychotropic
substances, the ready availability of which has led to an increase in the clandestine manufacture of such
drugs and substances,
Determined to improve international co-operation in the suppression of illicit traffic by sea,
Recognizing that eradication of illicit traffic is a collective responsibility of all States and that, to
that end, co-ordinated action within the framework of international co-operation is necessary,
Acknowledging the competence of the United Nations in the field of control of narcotic drugs and
psychotropic substances and desirous that the international organs concerned with such control should be
within the framework of that Organization,
Reaffirming the guiding principles of existing treaties in the field of narcotic drugs and psychotropic
substances and the system of control which they embody,
Recognizing the need to reinforce and supplement the measures provided in the Single Convention
on Narcotic Drugs, 1961, that Convention as amended by the 1972 Protocol Amending the Single
Convention on Narcotic Drugs, 1961, and the 1971 Convention on Psychotropic Substances, in order to
counter the magnitude and extent of illicit traffic and its grave consequences,
Recognizing also the importance of strengthening and enhancing effective legal means for
international co-operation in criminal matters for suppressing the international criminal activities of illicit
traffic,
Desiring to conclude a comprehensive, effective and operative international convention that is
directed specifically against illicit traffic and that considers the various aspects of the problem as a whole,
in particular those aspects not envisaged in the existing treaties in the field of narcotic drugs and
psychotropic substances,
Hereby agree as follows:
1
Article 1
DEFINITIONS
Except where otherwise expressly indicated or where the context otherwise requires, the following
definitions shall apply throughout this Convention:
a) “Board” means the International Narcotics Control Board established by the Single
Convention on Narcotic Drugs, 1961, and that Convention as amended by the 1972 Protocol
Amending the Single Convention on Narcotic Drugs, 1961;
b) “Cannabis plant” means any plant of the genus Cannabis;
c) “Coca bush” means the plant of any species of the genus Erythroxylon;
d) “Commercial carrier” means any person or any public, private or other entity engaged
in transporting persons, goods or mails for remuneration, hire or any other benefit;
e) “Commission” means the Commission on Narcotic Drugs of the Economic and Social
Council of the United Nations;
f) “Confiscation”, which includes forfeiture where applicable, means the permanent
deprivation of property by order of a court or other competent authority;
g) “Controlled delivery” means the technique of allowing illicit or suspect consignments of
narcotic drugs, psychotropic substances, substances in Table I and Table II annexed to this
Convention, or substances substituted for them, to pass out of, through or into the territory
of one or more countries, with the knowledge and under the supervision of their competent
authorities, with a view to identifying persons involved in the commission of offences
established in accordance with article 3, paragraph 1 of the Convention;
h) “1961 Convention” means the Single Convention on Narcotic Drugs, 1961;
i) “1961 Convention as amended” means the Single Convention on Narcotic Drugs, 1961,
as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;
j) “1971 Convention” means the Convention on Psychotropic Substances, 1971;
k) “Council” means the Economic and Social Council of the United Nations;
l) “Freezing” or “seizure” means temporarily prohibiting the transfer, conversion,
disposition or movement of property or temporarily assuming custody or control of property
on the basis of an order issued by a court or a competent authority;
m) “Illicit traffic” means the offences set forth in article 3, paragraphs 1 and 2, of this
Convention;
n) “Narcotic drug” means any of the substances, natural or synthetic, in Schedules I and
II of the Single Convention on Narcotic Drugs, 1961, and that Convention as amended by the
1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;
o) “Opium poppy” means the plant of the species Papaver somniferum L;
p) “Proceeds” means any property derived from or obtained, directly or indirectly,
through the commission of an offence established in accordance with article 3, paragraph 1;
q) “Property” means assets of every kind, whether corporeal or incorporeal, movable or
immovable, tangible or intangible, and legal documents or instruments evidencing title to, or
interest in, such assets;
r) “Psychotropic substance” means any substance, natural or synthetic, or any natural
material in Schedules I, II, III and IV of the Convention on Psychotropic Substances, 1971;
s) “Secretary-General” means the Secretary-General of the United Nations;
t) “Table I” and “Table II” mean the correspondingly numbered lists of substances
annexed to this Convention, as amended from time to time in accordance with article 12,
u) “Transit State” means a State through the territory of which illicit narcotic drugs,
psychotropic substances and substances in Table I and Table II are being moved, which is
neither the place of origin nor the place of ultimate destination thereof.
Article 2
SCOPE OF THE CONVENTION
1. The purpose of this Convention is to promote co-operation among the Parties so that they may
address more effectively the various aspects of illicit traffic in narcotic drugs and psychotropic substances
having an international dimension. In carrying out their obligations under the Convention, the Parties
shall take necessary measures, including legislative and administrative measures, in conformity with the
fundamental provisions of their respective domestic legislative systems.
2. The Parties shall carry out their obligations under this Convention in a manner consistent with the
principles of sovereign equality and territorial integrity of States and that of non-intervention in the
domestic affairs of other States.
2
3. A Party shall not undertake in the territory of another Party the exercise of jurisdiction and
performance of functions which are exclusively reserved for the authorities of that other Party by its
domestic law.
Article 3
OFFENCES AND SANCTIONS
1. Each Party shall adopt such measures as may be necessary to establish as criminal offences under
its domestic law, when committed intentionally:
a) i) The production, manufacture, extraction; preparation, offering, offering for sale,
distribution, sale, delivery on any terms whatsoever, brokerage, dispatch,
dispatch in transit, transport, importation or exportation of any narcotic drug or
any psychotropic substance contrary to the provisions of the 1961 Convention,
the 1961 Convention as amended or the 1971 Convention;
ii) The cultivation of opium poppy, coca bush or cannabis plant for the purpose of
the production of narcotic drugs contrary to the provisions of the 1961
Convention and the 1961 Convention as amended;
iii) The possession or purchase of any narcotic drug or psychotropic substance for
the purpose of any of the activities enumerated in i) above;
iv) The manufacture, transport or distribution of equipment, materials or of
substances listed in Table I and Table II, knowing that they are to be used in or
for the illicit cultivation, production or manufacture of narcotic drugs or
psychotropic substances;
v) The organization, management or financing of any of the offences enumerated
in i), ii), iii) or iv) above;
b) i) The conversion or transfer of property, knowing that such property is derived
from any offence or offences established in accordance with subparagraph a) of
this paragraph, or from an act of participation in such offence or offences, for
the purpose of concealing or disguising the illicit origin of the property or of
assisting any person who is involved in the commission of such an offence or
offences to evade the legal consequences of his actions;
ii) The concealment or disguise of the true nature, source, location, disposition,
movement, rights with respect to, or ownership of property, knowing that such
property is derived from an offence or offences established in accordance with
subparagraph a) of this paragraph or from an act of participation in such an
offence or offences;
c) Subject to its constitutional principles and the basic concepts of its legal system:
i) The acquisition, possession or use of property, knowing, at the time of receipt,
that such property was derived from an offence or offences established in
accordance with subparagraph a) of this paragraph or from an act of
participation in such offence or offences;
ii) The possession of equipment or materials or substances listed in Table I and
Table II, knowing that they are being or are to be used in or for the illicit
cultivation, production or
iii) Publicly inciting or inducing others, by any means, to commit any of the offences
established in accordance with this article or to use narcotic drugs or
psychotropic substances illicitly;
iv) Participation in, association or conspiracy to commit, attempts to commit and
aiding, abetting, facilitating and counselling the commission of any of the
offences established in accordance with this article.
2. Subject to its constitutional principles and the basic concepts of its legal system, each Party shall
adopt such measures as may be necessary to establish as a criminal offence under its domestic law,
when committed intentionally, the possession, purchase or cultivation of narcotic drugs or psychotropic
substances for personal consumption contrary to the provisions of the 1961 Convention, the 1961
Convention as amended or the 1971 Convention.
3. Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this
article may be inferred from objective factual circumstances.
3
4. a) Each Party shall make the commission of the offences established in accordance with
paragraph 1 of this article liable to sanctions which take into account the grave nature of
these offences, such as imprisonment or other forms of deprivation of liberty, pecuniary
sanctions and confiscation.
b) The Parties may provide, in addition to conviction or punishment, for an offence
established in accordance with paragraph 1 of this article, that the offender shall undergo
measures such as treatment, education, aftercare, rehabilitation or social reintegration.
c) Notwithstanding the preceding subparagraphs, in appropriate cases of a minor nature,
the Parties may provide, as alternatives to conviction or punishment, measures such as
education, rehabilitation or social reintegration, as well as, when the offender is a drug
abuser, treatment and aftercare.
d) The Parties may provide, either as an alternative to conviction or punishment, or in
addition to conviction or punishment of an offence established in accordance with paragraph
2 of this article, measures for the treatment, education, aftercare, rehabilitation or social
reintegration of the offender.
5. The Parties shall ensure that their courts and other competent authorities having jurisdiction can
take into account factual circumstances which make the commission of the offences established in
accordance with paragraph l of this article particularly serious, such as:
a) The involvement in the offence of an organized criminal group to which the offender
belongs;
b) The involvement of the offender in other international organized criminal activities;
c) The involvement of the offender in other illegal activities facilitated by commission of
the offence;
d) The use of violence or arms by the offender;
e) The fact that the offender holds a public office and that the offence is connected with
the office in question;
f) The victimization or use of minors;
g) The fact that the offence is committed in a penal institution or in an educational
institution or social service facility or in their immediate vicinity or in other places to which
school children and students resort for educational, sports and social activities;
h) Prior conviction, particularly for similar offences, whether foreign or domestic, to the
extent permitted under the domestic law of a Party.
6. The Parties shall endeavour to ensure that any discretionary legal powers under their domestic law
relating to the prosecution of persons for offences established in accordance with this article are
exercised to maximize the effectiveness of law enforcement measures in respect of those offences, and
with due regard to the need to deter the commission of such offences.
7. The Parties shall, ensure that their courts or other competent authorities bear in mind the serious
nature of the offences enumerated in paragraph l of this article and the circumstances enumerated in
paragraph 5 of this article when considering the eventuality of early release or parole of persons
convicted of such offences.
8. Each Party shall, where appropriate, establish under its domestic law a long statute of limitations
period in which to commence proceedings for any offence established in accordance with paragraph 1 of
this article, and a longer period where the alleged offender has evaded the administration of justice.
9. Each Party shall take appropriate measures, consistent with its legal system, to ensure that a
person charged with or convicted of an offence established in accordance with paragraph 1 of this article,
who is found within its territory, is present at the necessary criminal proceedings.
10. For the purpose of co-operation among the Parties under this Convention, including, in particular,
co-operation under articles 5, 6, 7 and 9, offences established in accordance with this article shall not be
considered as fiscal offences or as political offences or regarded as politically motivated, without prejudice
to the constitutional limitations and the fundamental domestic law of the Parties.
11. Nothing contained in this article shall affect the principle that the description of the offences to
which it refers and of legal defences thereto is reserved to the domestic law of a Party and that such
offences shall be prosecuted and punished in conformity with that law.
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Article 4
JURISDICTION
1. Each Party:
a) Shall take such measures as may be necessary to establish its jurisdiction over the
offences it has established in accordance with article 3, paragraph 1, when:
i) The offence is committed in its territory;
ii) The offence is committed on board a vessel flying its flag or an aircraft which is
registered under its laws at the time the offence is committed;
b) May take such measures as maybe necessary to establish its jurisdiction over the
offences it has established in accordance with article 3, paragraph 1, when:
i) The offence is committed by one of its nationals or by a person who has his
habitual residence in its territory;
ii) The offence is committed on board a vessel concerning which that Party has
been authorized to take appropriate action pursuant to article 17, provided that
such jurisdiction shall be exercised only on the basis of agreements or
arrangements referred to in paragraphs 4 and 9 of that article;
iii) The offence is one of those established in accordance with article 3, paragraph
1, subparagraph c) iv), and is committed outside its territory with a view to the
commission, within its territory, of an offence established in accordance with
article 3, paragraph 1.
2. Each Party:
a) Shall also take such measures as may be necessary to establish its jurisdiction over
the offences it has established in accordance with article 3, paragraph 1, when the alleged
offender is present in its territory and it does not extradite him to another Party on the
ground:
i) That the offence has been committed in its territory or on board a vessel flying
its flag or an aircraft which was registered under its law at the time the offence
was committed; or
ii) That the offence has been committed by one of its nationals;
b) May also take such measures as may be necessary to establish its jurisdiction over the
offences it has established in accordance with article 3, paragraph 1, when the alleged
offender is present in 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 domestic law.
Article 5
CONFISCATION
1. Each Party shall adopt such measures as may be necessary to enable confiscation of:
a) Proceeds derived from offences established in accordance with article 3, paragraph 1,
or property the value of which corresponds to that of such proceeds;
b) Narcotic drugs and psychotropic substances, materials and equipment or other
instrumentalities used in or intended for use in any manner in offences established in
accordance with article 3, paragraph 1.
2. Each Party shall also adopt such measures as may be necessary to enable its competent authorities
to identify, trace, and freeze or seize proceeds, property, instrumentalities or any other things referred to
in paragraph 1 of this article, for the purpose of eventual confiscation.
3. In order to carry out the measures referred to in this article, each Party shall empower its courts or
other competent authorities to order that bank, financial or commercial records be made available or be
seized. A Party shall not decline to act under the provisions of this paragraph on the ground of bank
secrecy.
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4. a) Following a request made pursuant to this article by another Party having jurisdiction
over an offence established in accordance with article 3, paragraph 1, the Party in whose
territory proceeds, property, instrumentalities or any other things referred to in paragraph 1
of this article are situated shall:
i) Submit the request to its competent authorities for the purpose of obtaining an
order of confiscation and, if such order is granted, give effect to it; or
ii) Submit to its competent authorities, with a view to giving effect to it to the
extent requested, an order of confiscation issued by the requesting Party in
accordance with paragraph 1 of this article, in so far as it relates to proceeds,
property, instrumentalities or any other things referred to in paragraph 1
situated in the territory of the requested Party.
b) Following a request made pursuant to this article by another Party having jurisdiction
over an offence established in accordance with article 3, paragraph 1, the requested Party
shall take measures to identify, trace, and freeze or seize proceeds, property,
instrumentalities or any other things referred to in paragraph l of this article for the purpose
of eventual confiscation to be ordered either by the requesting Party or, pursuant to a
request under subparagraph a) of this paragraph, by the requested Party.
c) The decisions or actions provided for in subparagraphs a) and b) of this paragraph
shall be taken by the requested Party, in accordance with and subject to the provisions of its
domestic law and its procedural rules or any bilateral or multilateral treaty, agreement or
arrangement to which it may be bound in relation to the requesting Party.
d) The provisions of article 7, paragraphs 6 to 19 are applicable mutatis mutandis. In
addition to the information specified in article 7, paragraph 10, requests made pursuant to
this article shall contain the following:
i) In the case of a request pertaining to subparagraph a) i) of this paragraph, a
description of the property to be confiscated and a statement of the facts relied
upon by the requesting Party sufficient to enable the requested Party to seek the
order under its domestic law;
ii) In the case of a request pertaining to subparagraph a) ii), a legally admissible
copy of an order of confiscation issued by the requesting Party upon which the
request is based, a statement of the facts and information as to the extent to
which the execution of the order is requested;
iii) In the case of a request pertaining to subparagraph b), a statement of the facts
relied upon by the requesting Party and a description of the actions requested.
e) Each Party shall furnish to the Secretary-General the text of any of its laws and
regulations which give effect to this paragraph and the text of any subsequent changes to
such laws and regulations.
f) If a Party elects to make the taking of the measures referred to in subparagraphs a)
and b) of this paragraph conditional on the existence of a relevant treaty, that Party shall
consider this Convention as the necessary and sufficient treaty basis.
g) The Parties shall seek to conclude bilateral and multilateral treaties, agreements or
arrangements to enhance the effectiveness of international co-operation pursuant to this
article.
5. a) Proceeds or property confiscated by a Party pursuant to paragraph 1 or paragraph 4 of
this article shall be disposed of by that Party according to its domestic law and administrative
procedures.
b) When acting on the request of another Party in accordance with this article, a Party
may give special consideration to concluding agreements on:
i) Contributing the value of such proceeds and property, or funds derived from the
sale of such proceeds or property, or a substantial part thereof, to
intergovernmental bodies specializing in the fight against illicit traffic in and
abuse of narcotic drugs and psychotropic substances;
ii) Sharing with other Parties, on a regular or case-by-case basis, such proceeds or
property, or funds derived from the sale of such proceeds or property, in
accordance with its domestic law, administrative procedures or bilateral or
multilateral agreements entered into for this purpose.
6. a) If proceeds have been transformed or converted into other property, such property
shall be liable to the measures referred to in this article instead of the proceeds.
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b) If proceeds have been intermingled with property acquired from legitimate sources,
such property shall, without prejudice to any powers relating to seizure or freezing, be liable
to confiscation up to the assessed value of the intermingled proceeds.
c) Income or other benefits derived from:
i) Proceeds;
ii) Property into which proceeds have been transformed or converted; or
iii) Property with which proceeds have been intermingled shall also be liable to the
measures referred to in this article, in the same manner and to the same extent
as proceeds.
7. Each Party may consider ensuring that the onus of proof be reversed regarding the lawful origin of
alleged proceeds or other property liable to confiscation, to the extent that such action is consistent with
the principles of its domestic law and with the nature of the judicial and other proceedings.
8. The provisions of this article shall not be construed as prejudicing the rights of bona fide third
parties.
9. Nothing contained in this article shall affect the principle that the measures to which it refers shall
be defined and implemented in accordance with and subject to the provisions of the domestic law of a
Party.
Article 6
EXTRADITION
1. This article shall apply to the offences established by the Parties in accordance with article 3,
paragraph 1.
2. Each of the offences to which this article applies shall be deemed to be included as an extraditable
offence in any extradition treaty existing between Parties. The Parties undertake to include such offences
as extraditable offences in every extradition treaty to be concluded between them.
3. If a Party which makes extradition conditional on the existence of a treaty receives a request for
extradition from another Party with which it has no extradition treaty, it may consider this Convention as
the legal basis for extradition in respect of any offence to which this article applies. The Parties which
require detailed legislation in order to use this Convention as a legal basis for extradition shall consider
enacting such legislation as may be necessary.
4. The Parties which do not make extradition conditional on the existence of a treaty shall recognize
offences to which this article applies as extraditable offences between themselves.
5. Extradition shall be subject to the conditions provided for by the law of the requested Party or by
applicable extradition treaties, including the grounds upon which the requested Party may refuse
extradition.
6. In considering requests received pursuant to this article, the requested State may refuse to comply
with such requests where there are substantial grounds leading its judicial or other competent authorities
to believe that compliance would facilitate the prosecution or punishment of any person on account of his
race, religion, nationality or political opinions, or would cause prejudice for any of those reasons to any
person affected by the request.
7. The Parties shall endeavour to expedite extradition procedures and to simplify evidentiary
requirements relating thereto in respect of any offence to which this article applies.
8. Subject to the provisions of its domestic law and its extradition treaties, the requested Party may,
upon being satisfied that the circumstances so warrant and are urgent, and at the request of the
requesting Party, take a person whose extradition is sought and who is present in its territory into
custody or take other appropriate measures to ensure his presence at extradition proceedings.
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9. Without prejudice to the exercise of any criminal jurisdiction established in accordance with its
domestic law, a Party in whose territory an alleged offender is found shall:
a) If it does not extradite him in respect of an offence established in accordance with
article 3, paragraph l, on the grounds set forth in article 4, paragraph 2, subparagraph a),
submit the case to its competent authorities for the purpose of prosecution, unless otherwise
agreed with the requesting Party;
b) If it does not extradite him in respect of such an offence and has established its
jurisdiction in relation to that offence in accordance with article 4, paragraph 2,
subparagraph b), submit the case to its competent authorities for the purpose of
prosecution, unless otherwise requested by the requesting Party for the purposes of
preserving its legitimate jurisdiction.
10. If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is
a national of the requested Party, the requested Party shall, if its law so permits and in conformity with
the requirements of such law, upon application of the requesting Party, consider, the enforcement of the
sentence which has been imposed under the law of the requesting Party, or the remainder thereof.
11. The Parties shall seek to conclude bilateral and multilateral agreements to carry out or to enhance
the effectiveness of extradition.
12. The Parties may consider entering into bilateral or multilateral agreements, whether ad hoc or
general, on the transfer to their country of persons sentenced to imprisonment and other forms of
deprivation of liberty for offences to which this article applies, in order that they may complete their
sentences there.
Article 7
MUTUAL LEGAL ASSISTANCE
1. The Parties shall afford one another, pursuant to this article, the widest measure of mutual legal
assistance in investigations, prosecutions and judicial proceedings in relation to criminal offences
established in accordance with article 3, paragraph 1.
2. Mutual legal assistance to be afforded in accordance with this article may be requested for any of
the following purposes:
a) Taking evidence or statements from persons;
b) Effecting service of judicial documents;
c) Executing searches and seizures;
d) Examining objects and sites;
e) Providing information and evidentiary items;
f) Providing originals or certified copies of relevant documents and records, including
bank, financial, corporate or business records;
g) Identifying or tracing proceeds, property, instrumentalities or other things for
evidentiary purposes.
3. The Parties may afford one another any other forms of mutual legal assistance allowed by the
domestic law of the requested Party.
4. Upon request, the Parties shall facilitate or encourage, to the extent consistent with their domestic
law and practice, the presence or availability of persons, including persons in custody, who consent to
assist in investigations or participate in proceedings.
5. A Party shall not decline to render mutual legal assistance under this article on the ground of bank
secrecy.
6. The provisions of this article shall not affect the obligations under any other treaty, bilateral or
multilateral, which governs or will govern, in whole or in part, mutual legal assistance in criminal matters.
7. Paragraphs 8 to 19 of this article shall apply to requests made pursuant to this article if the Parties
in question are not bound by a treaty of mutual legal assistance. If these Parties are bound by such a
treaty, the corresponding provisions of that treaty shall apply unless the Parties agree to apply
paragraphs 8 to 19 of this article in lieu thereof.
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8. Parties shall designate an authority, or when necessary authorities, which shall have the
responsibility and power to execute requests for mutual legal assistance or to transmit them to the
competent authorities for execution. The authority or the authorities designated for this purpose shall be
notified to the Secretary-General. Transmission of requests for mutual legal assistance and any
communication related thereto shall be effected between the authorities designated by the Parties; this
requirement shall be without prejudice to the right of a Party to require that such requests and
communications be addressed to it through the diplomatic channel and, in urgent circumstances, where
the Parties agree, through 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 language
or languages acceptable to each Party shall be notified to the Secretary-General. In urgent
circumstances, and where agreed by the Parties, requests may be made orally, but shall be confirmed in
writing forthwith.
10. A request for mutual legal assistance shall contain:
a) The identity of the authority making the request;
b) The subject matter and nature of the investigation, prosecution or proceeding to which
the request relates, and the name and the functions of the authority conducting such
investigation, prosecution or proceeding;
c) A summary of the relevant facts, except in respect of requests for the purpose of
service of judicial documents;
d) A description of the assistance sought and details of any particular procedure the
requesting Party wishes to be followed;
e) Where possible, the identity, location and nationality of any person concerned;
f) The purpose for which the evidence, information or action is sought.
11. The requested Party may request additional information when it appears necessary for the
execution of the request in accordance with its domestic law or when it can facilitate such execution.
12. A request shall be executed in accordance with the domestic law of the requested Party and, to the
extent not contrary to the domestic law of the requested Party and where possible, in accordance with
the procedures specified in the request.
13. The requesting Party shall not transmit nor use information or evidence furnished by the requested
Party for investigations, prosecutions or proceedings other than those stated in the request without the
prior consent of the requested Party.
14. The requesting Party may require that the requested Party keep confidential the fact and substance
of the request, except to the extent necessary to execute the request. If the requested Party cannot
comply with the requirement of confidentiality, it shall promptly inform the requesting Party.
15. Mutual legal assistance may be refused:
a) If the request is not made in conformity with the provisions of this article;
b) If the requested Party considers that execution of the request is likely to prejudice its
sovereignty, security, ordre public or other essential interests;
c) If the authorities of the requested Party would be prohibited by its domestic law from
carrying out the action requested with regard to any similar offence, had it been subject to
investigation, prosecution or proceedings under their own jurisdiction;
d) If it would be contrary to the legal system of the requested Party relating to mutual
legal assistance for the request to be granted.
16. Reasons shall be given for any refusal of mutual legal assistance.
17. Mutual legal assistance may be postponed by the requested Party on the ground that it interferes
with an ongoing investigation, prosecution or proceeding. In such a case, the requested Party shall
consult with the requesting Party to determine if the assistance can still be given subject to such terms
and conditions as the requested Party deems necessary.
18. A witness, expert or other person who consents to give evidence in a proceeding or to assist in an
investigation, prosecution or judicial proceeding in the territory of the requesting Party, shall not be
prosecuted, detained, punished or subjected to any other restriction of his personal liberty in that
territory in respect of acts, omissions or convictions prior to his departure from the territory of the
requested Party. Such safe conduct shall cease when the witness, expert or other person having had, for
a period of fifteen consecutive days, or for any period agreed upon by the Parties, from the date on which
9
he has been officially informed that his presence is no longer required by the judicial authorities, an
opportunity of leaving, has nevertheless remained voluntarily in the territory or, having left it, has
returned of his own free will.
19. The ordinary costs of executing a request shall be borne by the requested Party, unless otherwise
agreed by the Parties concerned. If expenses of a substantial or extraordinary nature are or will be
required to fulfil the request, the Parties shall consult to determine the terms and conditions under which
the request will be executed as well as the manner in which the costs shall be borne.
20. The Parties shall consider, as may be necessary, the possibility of concluding bilateral or
multilateral agreements or arrangements that would serve the purposes of, give practical effect to, or
enhance the provisions of this article.
Article 8
TRANSFER OF PROCEEDINGS
The Parties shall give consideration to the possibility of transferring to one another proceedings for
criminal prosecution of offences established in accordance with article 3, paragraph 1, in cases where
such transfer is considered to be in the interests of a proper administration of justice.
Article 9
OTHER FORMS OF CO-OPERATION AND TRAINING
1. The Parties shall co-operate closely with one another, consistent with their respective domestic
legal and administrative systems, with a view to enhancing the effectiveness of law enforcement action to
suppress the commission of offence