United Nations Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
(Vienna,
20 December 1988)
OBJECTIVES
The United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances (the Convention) provides comprehensive measures against
illicit trafficking in narcotic drugs and psychotropic substances placed under
international control by the Single Convention on Narcotic Drugs, 1961, as
amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs,
1961, and the Convention on Psychotropic Substances, 1971, including provisions
against money laundering and the diversion of precursor chemicals. It provides
for international cooperation through, for example, extradition of drug
traffickers, mutual legal assistance, controlled deliveries and transfer of
proceeds from drug trafficking.
KEY PROVISIONS
The
Convention obliges States parties to establish as criminal offences the
production, manufacture, extraction, preparation, offering, distribution, sale,
etc., of the narcotic
drugs and psychotropic substances placed under international control by the
Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol
amending the Single Convention on Narcotic Drugs, 1961, and the Convention on
Psychotropic Substances, 1971; the
cultivation of certain plants for the purpose of the production of narcotic
drugs; the possession or purchase of any narcotic drug or psychotropic substance
for any of the above activities; the manufacture, transport and distribution of
equipment, materials or substances, knowing that they are to be used in or for
the illicit cultivation, production or manufacture of narcotic drugs or
psychotropic substances (precursors), and the organization, management or
financing of the above offences.
In addition, under the Convention, States should criminalize the conversion or
transfer of property derived from any of the above offences for the purpose of
concealing the illicit origin of the property or of assisting any person
involved in the commission of such offences to evade prosecution (money
laundering). They are also held to criminalize the concealment or disguise of
the nature, source, location, movements or ownership of property.
The acquisition of certain property, possession of specified equipment and
materials, inciting or inducing others, participation in, conspiracy to commit
and attempts to commit such offences as well as aiding or abetting, and
possession, purchase or cultivation
of narcotic drugs and psychotropic substances for personal consumption are also
proscribed.
States are obliged to make offences contrary to the provisions of the Convention
liable to sanctions which take into account their grave nature, such as
imprisonment or other forms of deprivation of liberty, pecuniary sanctions and
confiscation. The Convention allows
the parties to provide, in addition to conviction or punishment for an offence,
that the offender shall undergo measures such as treatment, education,
aftercare, rehabilitation or social reintegration.
The parties are required to establish jurisdiction over drug-related offences
committed in their territory or on board vessels flying their flags or on
aircrafts registered under their law at the time the offence is committed. They
may also establish jurisdiction in the other cases provided for by article 4 of
the Convention.
The Convention demands the parties to adopt such measures as may be necessary to
enable confiscation of proceeds derived from the offences defined in the
Convention, property the value of which corresponds to that of such proceeds,
narcotic drugs and psychotropic substances, materials and equipment or other
instrumentalities used in or intended for use in any manner in the offences as
defined. Parties shall also adopt
such measures as may be necessary to enable competent authorities to identify,
trace, and freeze or seize proceeds, property, instrumentalities or any other
thing as defined for the purpose of eventual confiscation, and shall empower
courts or other competent authorities to order that bank, financial or
commercial records be made available or be seized.
Offences contrary to the provisions of the Convention are deemed to be
extraditable offences in any existing extradition treaty and parties undertake
to include them in future extradition treaties concluded between them.
The Convention provides for the widest measure of mutual legal assistance
between the parties in investigations, prosecutions and judicial proceedings of
offences established in accordance with the Convention. Legal assistance may be
requested for any of the purposes listed in article 7 of the Convention under
the requirements set forth in the same article.
The Convention establishes two tables of substances frequently used in the
illicit manufacture of narcotic drugs or psychotropic substances. The Convention
also provides for amendments to the tables.
The provisions of the Convention do not derogate from any rights enjoyed or
obligations undertaken by the parties to the Convention under the Single
Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol amending the
Single Convention on Narcotic Drugs, 1961, and under the Convention on
Psychotropic Substances, 1971.
ENTRY INTO FORCE
The Convention entered into force on 11 November 1990.
HOW TO BECOME A PARTY
The Convention is closed for signature. The Convention is open to ratification, acceptance or approval by signatory States, and to acts of formal confirmation by signatory regional economic integration organizations. The Convention is open for accession by any State and by regional economic integration organizations.
OPTIONAL AND/OR MANDATORY DECLARATIONS
Regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by the Convention (article 27, paragraph 2, and article 28, paragraph 2).
Each State, at the time of signature or ratification, acceptance, approval or accession, or regional economic integration organization at the time of signature or deposit of an act of formal confirmation or accession, may declare that it does not consider itself bound by paragraphs 2 and 3 of article 32 relating to mechanisms for the settlement of disputes (article 32, paragraph 4).
RESERVATIONS
The Convention is silent with regard to reservations.
WITHDRAWAL/DENUNCIATION
A party may denounce this Convention at
any time by a written notification addressed to the Secretary-General. Such
denunciation shall take effect for the Party concerned one year after the date
of receipt of the notification by the Secretary-General (article 30).
STATUS AS OF 24 MARCH 2003
