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Contents
- Preliminary Material
- Main Text
- Introduction
- Background
- Role of the United Nations
- Towards a Convention
- The Polish Initiative
- Preparatory Work
- The Ad Hoc Committee
- Observations on the Process
- Interpretative Notes
- Safeguard Clauses and other Easing Mechanisms
- Some Fundamental Difficulties
- The Trafficking Protocol: Background
- The Trafficking Protocol: The Negotiations
- The Migrants Protocol: Background
- The Migrants Protocol: The Negotiations
- The Firearms Protocol: Background
- The Firearms Protocol: The Negotiations
- Subsequent Work
- The Shape of this Commentary
- A Final Assessment
- Part I The Convention
- United Nations Convention Against Transnational Organized Crime
- Art.1 Statement of Purpose
- Art.2 Use of Terms
- (a) “Organized criminal group” shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit
- (b) “Serious crime” shall mean conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty
- (c) “Structured group” shall mean a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure
- (d) “Property” shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets
- (e) “Proceeds of crime” shall mean any property derived from or obtained, directly or indirectly, through the commission of an offence
- (f) “Freezing” or “seizure” shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority
- (g) “Confiscation”, which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority
- (h) “Predicate offence” shall mean any offence as a result of which proceeds have been generated that may become the subject of an offence as defined in article 6 of this Convention
- (i) “Controlled delivery” shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence
- (j) “Regional economic integration organization” shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to it; references to “States Parties” under this Convention shall apply to such organizations within the limits of their competence
- Art.3 Scope of Application
- Art.4 Protection of Sovereignty
- Art.5 Criminalization of Participation in an Organized Criminal Group
- Art.6 Criminalization of the Laundering of Proceeds of Crime
- Art.7 Measures to Combat Money-Laundering
- Art.8 Criminalization of Corruption
- Art.9 Measures against Corruption
- Art.10 Liability of Legal Persons
- Art.11 Prosecution, Adjudication and Sanctions
- Art.12 Confiscation and Seizure
- Art.13 International Cooperation for Purposes of Confiscation
- Art.14 Disposal of Confiscated Proceeds of Crime or Property
- Art.15 Jurisdiction
- Art.16 Extradition
- Art.17 Transfer of Sentenced Persons
- Art.18 Mutual Legal Assistance
- Negotiating History
- International Agreements on Mutual Assistance
- Paragraph 1
- Paragraph 2
- Paragraph 3
- Paragraph 3(a)
- Paragraph 3(b)
- Paragraph 3(c)
- Paragraph 3(d)
- Paragraph 3(e)
- Paragraph 3(f)
- Paragraph 3(g)
- Paragraph 3(h)
- Paragraph 3(i)
- Paragraph 4
- Paragraph 5
- Paragraph 6
- Paragraph 7
- Paragraph 8
- Paragraph 9
- Paragraph 10
- Paragraph 11
- Paragraph 12
- Paragraph 13
- Paragraph 14
- Paragraph 15
- Paragraph 16
- Paragraph 17
- Paragraph 18
- Paragraph 19
- Paragraph 20
- Paragraph 21
- Paragraph 22
- Paragraph 23
- Paragraph 24
- Paragraph 25
- Paragraph 26
- Paragraph 27
- Paragraph 28
- Paragraph 29
- Paragraph 30
- Art.19 Joint Investigations
- Art.20 Special Investigative Techniques
- Art.21 Transfer of Criminal Proceedings
- Art.22 Establishment of Criminal Record
- Art.23 Criminalization of Obstruction of Justice
- Art.24 Protection of Witnesses
- Art.25 Assistance to and Protection of Victims
- Art.26 Measures to Enhance Cooperation with Law Enforcement Authorities
- Art.27 Law Enforcement Cooperation
- Art.28 Collection, Exchange and Analysis of Information on the Nature of Organized Crime
- Art.29 Training and Technical Assistance
- Art.30 Other Measures: Implementation of the Convention through Economic Development and Technical Assistance
- Art.31 Prevention
- Art.32 Conference of the Parties to the Convention
- Art.33 Secretariat
- Art.34 Implementation of the Convention
- Art.35–41 Final Clauses
- United Nations Convention Against Transnational Organized Crime
- Part II The Trafficking Protocol
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime
- Preamble
- I General Provisions
- II Protection of Victims of Trafficking in Persons
- III Prevention, Cooperation and Other Measures
- IV Final Provisions
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime
- Part III The Migrants Protocol
- Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organized Crime
- Preamble
- I General Provisions
- II Smuggling of Migrants by Sea
- III Prevention, Cooperation and Other Measures
- Art.10 Information
- Art.11 Border Measures
- Art.12 Security and Control of Documents
- Art.13 Legitimacy and Validity of Documents
- Art.14 Training and Technical Cooperation
- Art.15 Other Prevention Measures
- Art.16 Protection and Assistance Measures
- Art.17 Agreements and Arrangements
- Art.18 Return of Smuggled Migrants
- IV Final Provisions
- Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organized Crime
- Part IV The Firearms Protocol
- Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention Against Transnational Organized Crime
- Preamble
- I General Provisions
- II Prevention
- Art.7 Record-Keeping
- Art.8 Marking of Firearms
- Art.9 Deactivation of Firearms
- Art.10 General Requirements for Export, Import and Transit Licensing or Authorization Systems
- Art.11 Security and Preventive Measures
- Art.12 Information
- Art.13 Cooperation
- Art.14 Training and Technical Assistance
- Art.15 Brokers and Brokering
- III Final Provisions
- Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention Against Transnational Organized Crime
- Introduction
- Further Material
