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 23/05/2019

San Marino

Reservation contained in a letter from the Secretary of State for Foreign Affairs of San Marino, dated 3 October 2000, and a Note Verbale from the Permanent Representation of San Marino, dated 10 October 2000, both handed at the time of deposit of the instrument of ratification, on 12 October 2000 - Or. Fr.

In accordance with Article 6, paragraph 4, the Republic of San Marino declares that paragraph 1 of Article 6 applies only to criminal predicate offences or categories of criminal predicate offences provided for in San Marino's national legislation concerning the laundering of money or proceeds from crime (Act No. 123 of 1998).
Period covered: 01/02/2001 -
Articles concerned : 6

Reservation contained in a letter from the Secretary of State for Foreign Affairs of San Marino, dated 3 October 2000, handed at the time of deposit of the instrument of ratification, on 12 October 2000 - Or. Fr.

In accordance with Article 14, paragraph 3, the Republic of San Marino declares that paragraph 2 of Article 14 applies only subject to its constitutional principles and the basic concepts of its legal system.
Period covered: 01/02/2001 -
Articles concerned : 14

Reservation contained in a letter from the Secretary of State for the Foreign Affairs of San Marino, dated 3 October 2000, handed at the time of deposit of the instrument of ratification, on 12 October 2000 - Or. Fr.

In accordance with Article 21, paragraph 2, the Republic of San Marino declares that service of judicial documents can be effected only through its central authority, without prejudice to what is provided for in bilateral treaties.
Period covered: 01/02/2001 -
Articles concerned : 21

Reservation contained in a letter from the Secretary of State for Foreign Affairs of San Marino, dated 3 October 2000, and a Note Verbale from the Permanent Representation of San Marino, dated 10 October 2000, both handed at the time of deposit of the instrument of ratification, on 12 October 2000 - Or. Fr.

In accordance with Article 25, paragraph 3, the Republic of San Marino declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Italian, the accuracy of which must be officially certified.

It will be proposed to the national Parliament (Consiglio Grande e Generale) to introduce the possibility that requests and supporting documents shall be accompanied by a translation into one of the official languages of the Council of Europe.
Period covered: 01/02/2001 - 15/04/2002
Articles concerned : 25

Reservation contained in a letter from the Secretary of State for the Foreign Affairs of San Marino, dated 3 October 2000, handed at the time of deposit of the instrument of ratification, on 12 October 2000 - Or. Fr.

In accordance with Article 32, paragraph 2, the Republic of San Marino declares that information or evidence provided by it under chapter III of the Convention may not, without the prior consent of San Marino's competent authority, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Period covered: 01/02/2001 -
Articles concerned : 32

Amendment of a reservation contained in a letter from the Secretary of State for Foreign Affairs of San Marino, dated 8 April 2002, transmitted by a letter from the Permanent Representative of San Marino, dated 12 April 2002, registered at the Secretariat General on 15 April 2002 - Or. Fr./It.

The Government of San Marino declares that, on 18 March 2002, the national Parliament of San Marino has approved the amendment of the text of its reservation to Article 25 of the Convention. The reservation now reads as follows :

In accordance with Article 25, paragraph 3, of the Convention, the Republic of San Marino declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Italian or into one of the official languages of the Council of Europe, the accuracy of which must be officially certified. Concerning voluminous documents which are not translated into Italian, the Republic of San Marino reserves the right to request, if appropriate, a translation into Italian or to have the documents translated at the expense of the requesting Party.

[Note by the Secretariat : The original reservation made at the time of ratification, on 6 October 2000, read as follows : "In accordance with Article 25, paragraph 3, the Republic of San Marino declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Italian, the accuracy of which must be officially certified. It will be proposed to the national Parliament (Consiglio Grande e Generale) to introduce the possibility that requests and supporting documents shall be accompanied by a translation into one of the official languages of the Council of Europe."]
Period covered: 15/04/2002 -
Articles concerned : 25


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