Reservations and Declarations for Treaty No.185 - Convention on Cybercrime

Nature of declaration : Reservations
Status as of 18/08/2017

Chile

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that, in accordance with Article 4, paragraph 2, of the Convention on Cybercrime, it will establish as criminal offences under its domestic law, when committed intentionally, the damaging, deletion, deterioration, alteration or suppression of computer data without right, providing that this conduct results in serious harm.
Period covered: 01/08/2017 -
Articles concerned : 4

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr., and corrected by a Note verbale from the Mission of Chile to the European Union, dated 3 July 2017, registered at the Secretariat General on 7 July 2017 – Or. Engl.

The Republic of Chile declares that, in accordance with Article 6, paragraph 3, of the Convention on Cybercrime, it will not apply paragraph 1 of the same Article inasmuch as it does not affect the sale, distribution or otherwise making available of the items referred to in paragraph 1 a) ii) of said Article 6.

[Note by the Secretariat: The Republic of Chile has corrected a substantive error detected in the Instrument of Accession of the Republic of Chile to the Convention on Cybercrime deposited with the Council of Europe on 20 April 2017, in such a manner that the new text of the reservation to Article 6 of the Convention replaces ab initio the erroneous one.]
Period covered: 01/08/2017 -
Articles concerned : 6

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that, in accordance with Article 9, paragraph 4, of the Convention on Cybercrime, it will not apply, paragraph 2, sub-paragraphs b and c of the same article.
Period covered: 01/08/2017 -
Articles concerned : 9

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that, in accordance with Article 22, paragraph 2, of the Convention on Cybercrime, it will not apply the jurisdiction rules laid down in paragraph 1.b of the same article.
Period covered: 01/08/2017 -
Articles concerned : 22

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile, in respect of Article 29, paragraph 4, of the Convention on Cybercrime, reserves the right to refuse the request for international assistance in cases where the conduct is not defined under Chilean law at the time of the request.
Period covered: 01/08/2017 -
Articles concerned : 29


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