Reservations and Declarations for Treaty No.141 - Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Nature of declaration : Reservations
Status as of 25/08/2019

Germany

Reservation contained in a letter from the Permanent Representation of Germany, dated 16 September 1998, handed to the Secretary General at the time of deposit of the instrument of ratification, on 16 September 1998 - Or. Fr./Germ. and partially withdrawn in a Note verbale from the Permanent Representation of Germany, dated 30 July 2014, registered at the Secretariat General on 4 August 2014 – Or. Engl.

Article 6, paragraph 1, applies only to the following predicate offences or categories of such offences:

1. crimes (Article 12, paragraph 1, of the German Criminal Code - StGB), ie offences punishable with imprisonment of not less than one year;

2. misdemeanours of receiving bribes (Article 332 paragraph 1, also in combination with paragraph 3 of the StGB) and bribery (Article 334 of the StGB);

3. misdemeanours under Article 29, paragraph 1, sentence 1, No. 1, of the Narcotics Act (Betäubungsmittelgesetz) or under Article 29, paragraph 1, No. 1, of the Raw Materials Surveillance Act (Grundstoffüberwachungsgesetz);

4. misdemeanours of organised smuggling committed by a gang with the use of violence (Article 373 of the German Tax Code - Abgabenordnung) or with the handling for gain of property obtained through tax fraud (Article 374 of the Tax Code), each in combination with Article 12, paragraph 1 of the Common Market Organisations Implementation Act (Gesetz zur Durchführung der Gemeinsamen Marktorganisationen);

5.[misdemeanours committed for gain or by a member of a gang formed for the purpose of repeatedly carrying out one of the following acts constituting the elements of one of the following offences: [traffic in human beings*] (Article 180b of the StGB), procuring (Article 181a of the StGB), theft (Article 242 of the StGB), embezzlement (Article 246 of the StGB), extortion (Article 253 of the StGB), handling of stolen goods (Article 259 of the StGB), fraud (Article 263 of the StGB), computer fraud (Article 263a of the StGB), fraudulently obtaining subsidies (Article 264 of the StGB), breach of trust (Article 266 of the StGB), falsification of documents (Article 267 of the StGB), falsification of evidence (Article 269 of the StGB), illegal organisation of gambling (Article 284 of the StGB), illegal handling of dangerous waste (Article 326, paragraphs 1, 2 and 4, of the StGB), illegal handling of radioactive substances or other dangerous substances and goods (Article 328, paragraphs 1, 2 and 4, of the StGB),[ incitement to make an improper application for asylum*] (Section 84 of the Asylum Procedure Act - AsylVfG), [smuggling of aliens*] (Section 92a of the Aliens Act - AuslG);*]

6. [misdemeanours committed by a member of a criminal organisation (Article 129 of the StGB).*]
(Misdemeanours - Vergehen - are offences for which the minimum penalty is imprisonment of less than one year or a fine - cf Article 12, paragraph 2, of the StGB).

[*Note by the Secretariat: See declaration dated 4 August 2014.]
Period covered: 01/01/1999 -
Articles concerned : 6

Reservation contained in a letter from the Permanent Representation of Germany, dated 16 September 1998, handed to the Secretary General at the time of deposit of the instrument of ratification, on 16 September 1998 - Or. Fr./Germ.

Wherever requests and supporting documents are not drawn up in German, they shall be accompanied by a translation into German or into one of the official languages of the Council of Europe.
Period covered: 01/01/1999 -
Articles concerned : 25

Partial withdrawal of reservation contained in a Note verbale from the Permanent Representation of Germany, dated 30 July 2014, registered at the Secretariat General on 4 August 2014 – Or. Engl.

The Federal Republic of Germany partly withdraws the reservation to Article 6, paragraph 1, of the Convention, contained in the declaration of 16 September 1998, to the extent that Article 6, paragraph 1, now also applies to the following predicate offences in addition to those specified in the declaration of 16 September 1998.

Additions to number 5:
Counterfeiting of debit and other cards, cheques and promissory notes (section 152a of the German Criminal Code – StGB), causing wrong entries to be made in public records (section 217 of the StGB), making false entries in public records (section 348 of the StGB), tax evasion (section 370 of the Fiscal Code – AO), offences under the German Securities Trading Act – WpHG (section 38(1) to (3) and (5) of the WpHG), punishable infringement of symbols (section 143 of the Act on the Protection of Trade Marks and Symbols – MarkenG), punishable infringement of a Community trade mark (section 143a of the MarkenG), punishable use of indications of geographical origin (section 144 of the MarkenG), unlawful exploitation of copyrighted works (section 106 of the Copyright Act – UrhG), unlawful affixing of designation of author (section 107 of the UrhG), infringement of related rights (section 108 of the UrhG), unlawful exploitation on a commercial scale (section 108a of the UrhG), infringement of technological measures and rights-management information (section 108b of the UrgH), offences under the German Utility Models Act (section 25 of the GebrMG), offences under the German Design Act (section 51 of the DesignG), infringement of a Community design (section 65 of the DesignG), offences under the Patent Act (section 142 of the PatG), offences under the Semiconductor Protection Act (section 10 of the HalbSchG), offences under the Plant Variety Protection Act (section 39 of the SortSchG);

Additions to number 6:
Misdemeanours to prepare a serious violent offence endangering the state (section 89a of the StGB), to form a criminal organisation (section 129 of the StGB), to form a terrorist organisation with the aim of threatening the commission of specified serious offences (section 129a (3) of the StGB) or to support a terrorist organisation (section 129 (5) of the StGB), or any of the above committed in relation to organisations abroad (in conjunction with section 129b (1) of the StGB), as well as misdemeanours committed by a member of a criminal or terrorist organisation under sections 129 or 129a of the StGB, also for criminal or terrorist organisations abroad (in conjunction with section 129b (1) of the StGB).

(Misdemeanours - Vergehen - are offences for which the minimum penalty is imprisonment of less than one year or a fine, cf section 12(2) of the StGB).

The following offences, which were already specified in the declaration of 16 September 1998, shall now appear in the following place:

Under number 6:
Trafficking in human beings (sections 232 (1) and (2), 233 (1) and (2), and 233a of the StGB), incitement to make an improper application for asylum (section 84 of the Asylum Procedure Act – AsylVfG), smuggling in foreigners (section 96 of the Residence Act – AufenthG).
Period covered: 04/08/2014 -
Articles concerned : 6


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