Reservations and Declarations for Treaty No.191 - Additional Protocol to the Criminal Law Convention on Corruption

Declarations in force as of today
Status as of 30/07/2016

Azerbaijan

Declaration contained in the instrument of ratification deposited on 3 April 2013 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Additional Protocol in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of those territories from occupation and the complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is available here).
Period covered: 01/08/2013 -
Articles concerned : -


Denmark

Declaration contained in the instrument of ratification deposited on 16 November 2005 - Or. Engl.

Pursuant to Article 12 of the Protocol, Denmark declares that, until further notice, the Protocol will not apply to the Feroe Islands and Greenland.
Period covered: 01/03/2006 -
Articles concerned : 12


Netherlands

Reservation contained in the instrument of acceptance deposited on 16 November 2005 - Or. Engl.

In conformity with the provisions of Article 10, paragraph 1, and Article 9, paragraph 2, of the Additional Protocol to the Criminal Law Convention on Corruption, the Kingdom of the Netherlands declares that it accepts the said Protocol for the Kingdom in Europe, subject to the following reservations made by the Kingdom of the Netherlands when depositing its instrument of acceptance of the Convention:
In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph 1, the Netherlands may exercise jurisdiction in the following cases:

a. in respect of a criminal offence that is committed in whole or in part on Dutch territory;

b. - over both Dutch nationals and Dutch public officials in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Articles 4 to 6 and Articles 9 to 11 in conjunction with Article 2, where these constitute criminal offences under the law of the country in which they were committed;

- over Dutch public officials and also over Dutch nationals who are not Dutch public officials in respect of offences established in accordance with Articles 4 to 6 and 9 to 11 in conjunction with Article 3, where these constitute criminal offences under the law of the country in which they were committed;

- over Dutch nationals in respect of offences established in accordance with Articles 7, 8, 13 and 14, where these constitute criminal offences under the law of the country in which they were committed.

c. over Dutch nationals involved in an offence that constitutes a criminal offence under the law of the country in which it was committed.
Period covered: 01/03/2006 -
Articles concerned : 9

Declaration contained in the instrument of acceptance deposited on 16 November 2005 - Or. Engl.

In accordance with Article 37, paragraph 1, the Netherlands will not fulfil the obligation under Article 12.
Period covered: 01/03/2006 -
Articles concerned : 12

Communication contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 – Or. Engl.

The Kingdom of the Netherlands currently consists of three parts : the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.

With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.

These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten.

The other islands that have until now formed part of the Netherlands Antilles – Bonaire, Sint Eustatius and Saba – will become parts of the Netherlands, thus constituting "the Caribbean part of the Netherlands". The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.

In addition, a number of the agreements that currently apply to the Netherlands are hereby declared applicable, from 10 October 2010, to this Caribbean part of the Netherlands. The agreements concerned are listed in the Annex which also includes a declaration – regarding Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto – on the modification of the internal constitutional relations within the Kingdom.

A status report of the agreements that apply to Curaçao, Sint Maarten and/or the Caribbean part of the Netherlands, including any reservations and further declarations, will be supplied in the near future.

Annex – Treaties extended to the Caribbean part of the Netherlands (islands of Bonaire, Sint Eustatius and Saba) as per 10 October 2010

- European Convention on State Immunity (ETS No. 74)
- Additional Protocol to the European Convention on State Immunity (ETS No. 74A)
- European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82)
- European Convention on the Suppression of Terrorism (ETS No. 90)
- European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92)
- Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108)
- Amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data allowing the European Communities to accede (Strasbourg, 15 June 1999)
- Convention for the Protection of the Architectural Heritage of Europe (ETS No. 121)
- Criminal Law Convention on Corruption (ETS No. 173)
- Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows (ETS No. 181)
- Protocol amending the European Convention on the Suppression of Terrorism (ETS No. 190)
- Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191)
- Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198).
Period covered: 01/10/2010 -
Articles concerned : 12

Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012 - Or. Engl.

The reservation and declaration made by the Kingdom of the Netherlands at the time of acceptance of the Protocol, on 16 November 2005, are confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). The reservation and declaration remain valid for the European part of the Netherlands.

[Note by the Secretariat: This Declaration supplements the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.]
Period covered: 10/10/2010 -
Articles concerned : 12, 9


Portugal

Reservation contained in the instrument of ratification of the Additional Protocol, deposited on 12 March 2015 - Or. Engl.

Pursuant to paragraph 2 of Article 9 of the Protocol, the Portuguese Republic reserves the right not to establish the bribery of foreign arbitrators and foreign jurors as criminal offences as described in Article 4 and 6 of the Protocol, except for infractions committed fully or partially in Portuguese territory.
Period covered: 01/07/2015 -
Articles concerned : 4, 6, 9


Spain

Declaration contained in the instrument of ratification deposited on 17 January 2011 - Or. Engl.

If the Additional Protocol to the Criminal Law Convention on Corruption, dated 15 May 2003, were to be applied to Gibraltar, Spain would like to make the following declaration:

1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Protocol will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
4. The process provided for by the Arrangements relating to Gibraltar authorities in the context of certain international treaties (2007) which have been agreed by Spain and the United Kingdom on 19 December 2007 (jointly with the "Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties", dated 19 April 2000) apply to this Additional Protocol to the Criminal Law Convention on Corruption.
Period covered: 01/05/2011 -
Articles concerned : -


Sweden

Declaration contained in the instrument of ratification deposited on 25 June 2004 - Or. Engl.

Sweden makes the explanatory statement that, in Sweden’s view, a ratification of the Additional Protocol does not mean that its membership of the Group of States against Corruption (GRECO) cannot be reviewed if reasons to do so arise in the future.
Period covered: 01/02/2005 -
Articles concerned : -


Switzerland

Declaration contained in the instrument of ratification deposited on 31 March 2006 - Or. Fr.

Switzerland declares that it will punish offences in the meaning of Articles 4 and 6 of the Additional Protocol only if the conduct of the bribed person consists in performing or refraining from performing an act contrary to his/her duties or depending on his/her power of estimation.

[Note by the Secretariat : The Government of Switzerland has informed the Secretary General of its intention to uphold wholly this declaration for a period of 3 years (Article 38 of the Convention) :
- by a letter from the Permanent Representative of Switzerland, dated 16 February 2009, registered at the Secretariat General on 17 February 2009 - Or. Fr. (Period covered: from 01/07/2009 to 01/07/2012);
- by a letter from the Permanent Representative of Switzerland, dated 23 February 2012, registered at the Secretariat General on 28 February 2012 - Or. Fr. (Period covered: from 01/07/2012 to 01/07/2015);
- by a letter from the Permanent Representative of Switzerland, dated 25 March 2015, registered at the Secretariat General on 25 March 2015 - Or. Fr. (Period covered: from 01/07/2015 to 01/07/2018).]
Period covered: 01/07/2006 -
Articles concerned : 9


Ukraine

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Ukraine, dated 12 October 2015, transmitted by a Note verbale from the Permanent Representation of Ukraine, dated 13 October 2015, registered at the Secretariat General on 16 October 2015 – Or. Engl.

The Ministry of Foreign Affairs of Ukraine presents its compliments to the Secretary General of the Council of Europe, as the Depositary of the European Convention on Information on Foreign Law of 7 June 1968, the Additional Protocol to the European Convention on Information on Foreign Law of 15 March 1978, the European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of 30 November 1964, the Convention on the Transfer of Sentenced Persons of 21 March 1983, the Additional Protocol to the Convention on the Transfer of Sentenced Persons of 18 December 1997, the European Convention on the Transfer of Proceedings in Criminal Matters of 15 May 1972, the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 17 March 1978, the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001, the European Convention on Extradition of 13 December 1957, the Additional Protocol to the European Convention on Extradition of 15 October 1975, the Second Additional Protocol to the European Convention on Extradition of 17 March 1978, the European Convention on the Suppression of Terrorism of 27 January 1977, the Protocol amending the European Convention on the Suppression of Terrorism of 15 May 2003, the Council of Europe Convention on the Prevention of Terrorism of 16 May 2005, the European Convention on the International Validity of Criminal Judgments of 28 May 1970, the Convention on Cybercrime of 23 November 2001, the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems of 28 January 2003, the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings of 16 May 2005, the European Convention on the Exercise of Children's Rights of 25 January 1996, the Convention on Contact concerning Children of 15 May 2003, the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007, the Convention on the Establishment of a Scheme of Registration of Wills of 16 May 1972, the Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 31 January 1995, the Criminal Law Convention on Corruption of 27 January 1999, the Additional Protocol to the Criminal Law Convention on Corruption of 15 May 2003 (hereinafter referred to as the «Conventions, Protocols, Agreement» respectively), and has the honour to inform of the following.

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.

The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.

In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.
Period covered: 16/10/2015 -
Articles concerned : -


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