Оговорки и заявления по Договору №:141 - Конвенция об отмывании, выявлении, изъятии и конфискации доходов от преступной деятельности

Характер декларации : Оговорки
Статус на 18/06/2019

Мальта

Reservation contained in a Note Verbale, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 November 1999 - Or. Engl.

Malta declares that, in accordance with paragraph 2 of Article 2, paragraph 1 of this Article shall apply only to offences provided for in Article 6 as specified in the relevant domestic legislation and which are classified as crimes under Maltese Law.
Период результата: 01/03/2000 - 20/06/2006
Cтатьях, посвященных : 2

Reservation contained in a Note Verbale, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 November 1999 - Or. Engl.

Malta declares that, in accordance with paragraph 4 of Article 6, paragraph 1 of this Article shall apply only to the predicate offences specified in its domestic legislation.
Период результата: 01/03/2000 - 20/06/2006
Cтатьях, посвященных : 6

Reservation contained in a Note Verbale, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 November 1999 - Or. Engl.

Malta declares that, in accordance with paragraph 3 of Article 14, paragraph 2 of this Article shall apply only subject to its constitutional principles and the basic concepts of its legal system.
Период результата: 01/03/2000 -
Cтатьях, посвященных : 14

Reservation contained in a Note Verbale, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 November 1999 - Or. Engl.

Malta declares that, in accordance with paragraph 2 of Article 21, judicial documents should be served only through its Central Authority which is: The Office of the Attorney General.
Период результата: 01/03/2000 -
Cтатьях, посвященных : 21

Reservation contained in a Note Verbale, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 November 1999 - Or. Engl.

Malta declares that, in accordance with paragraph 3 of Article 25, it reserves the right to require that requests made to it and documents supporting such request be accompanied by a translation into the English language.
Период результата: 01/03/2000 -
Cтатьях, посвященных : 25

Reservation contained in a Note Verbale, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 November 1999 - Or. Engl.

Malta declares that, in accordance with paragraph 2 of Article 32, information or evidence provided by it under this Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Период результата: 01/03/2000 -
Cтатьях, посвященных : 32

Partial withdrawal of reservation contained in a Note verbale from the Ministry of Foreign Affairs of Malta, dated 14 June 2006, transmitted by the Permanent Representation of Malta and registered at the Secretariat General on 20 June 2006 – Or. Engl.

In accordance with Article 40, paragraph 2, of the Convention, the Government of Malta amends/partially withdraws the reservation made in respect of Article 2, paragraph 2, of the Convention, following a relevant amendment, Legal Notice 176 of 2005, dated 31st May 2005, to the Prevention of Money Laundering Act, Chapter 373, Laws of Malta by which the list of predicate offences was abolished.

In view of the above, the reservation should now read as follows :

In accordance with Article 2, paragraph 2, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence.

[Note by the Secretariat : The reservation contained in a Note Verbale handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 November 1999, read as follows : "Malta declares that, in accordance with paragraph 2 of Article 2, paragraph 1 of this Article shall apply only to offences provided for in Article 6 as specified in the relevant domestic legislation and which are classified as crimes under Maltese Law."]
Период результата: 20/06/2006 - 06/09/2007
Cтатьях, посвященных : 2

Partial withdrawal of reservation contained in a Note verbale from the Ministry of Foreign Affairs of Malta, dated 14 June 2006, transmitted by the Permanent Representation of Malta and registered at the Secretariat General on 20 June 2006 – Or. Engl.

In accordance with Article 40, paragraph 2, of the Convention, the Government of Malta amends/partially withdraws the reservation made in respect of Article 6, paragraph 4, of the Convention, following a relevant amendment, Legal Notice 176 of 2005, dated 31st May 2005, to the Prevention of Money Laundering Act, Chapter 373, Laws of Malta by which the list of predicate offences was abolished.

In view of the above, the reservation should now read as follows :

In accordance with Article 6, paragraph 4, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence.

[Note by the Secretariat : The reservation contained in a Note Verbale handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 November 1999, read as follows : "Malta declares that, in accordance with paragraph 4 of Article 6, paragraph 1 of this article shall apply only to the predicate offences specified in its domestic legislation."]
Период результата: 20/06/2006 - 06/09/2007
Cтатьях, посвященных : 6

Amendments of reservations contained in a Note verbale from the Permanent Representation of Malta, dated 5 September 2007, registered at the Secretariat General on 6 September 2007 – Or. Engl.

The Government of Malta recalls the partial withdrawal of two reservations contained in a Note verbale from the Ministry of Foreign Affairs of Malta, dated 14 June 2006, transmitted by the Permanent Representation of Malta and registered at the Secretariat General on 20 June 2006, and requests that these two reservations be amended to read as follows:

In accordance with Article 2, paragraph 2, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence punishable with more than one year imprisonment.

In accordance with Article 6, paragraph 4, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence punishable with more than one year of imprisonment.

The Government of Malta submits that the amendments to the reservations have been made necessary following a relevant amendment by Legal Notice 176 of 2005, dated 31 May 2005, to the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, by which the list of predicate offences was abolished. An explanatory note containing more detailed legal explanations for the amendments requested follows.

Explanatory Note from the Office of the Attorney General of Malta

The Prevention of Money Laundering Act, Chapter 373 Laws of Malta was amended in 2005 by Legal Notice 176 to the effect that the provisions of the said act apply to "criminal activity" (Art.2(1)) which in the Second Schedule to the Act is defined as "Any criminal offence" without any further qualification as to the punishment which such an offence entails: (see http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt373.pdf).

The Criminal Code however, in Articles 435A-D, only makes applicable the investigative and coercive measures – investigation and attachment orders, as well as freezing (vide also Art.23A(2)) and confiscation orders (vide also Art.23B) – found under the Prevention of Money Laundering Act to "relevant offences". "Relevant offences" are defined in Article 23A(1) of the Criminal Code as offences punishable with more than one year imprisonment : (see http://docs.justice.gov.mt/lom/legislation/english/leg/vol_1/chapt9.pdf).

Consequently it becomes self-evident why the correction is needed, since it ensures an all-embracing ortrayal of the applicable legal scenario in Malta with regards to the implementation of the said Convention.

As the reservation currently stands, it implies that one can issue investigative/coercive measures, when there is no suspicion of a money laundering offence, in relation to an offence (other than money laundering) which carries a maximum punishment of less than one year imprisonment. This is an incorrect interpretation.

Given the relevant articles in the Criminal Code, which come into play in such a scenario, there exists a legal impediment to do so. If the offence is not money-laundering related, investigative and coercive measures may only be taken if the offence carries a maximum punishment of over one year imprisonment. Hence the requested correction.

[Note by the Secretariat : The reservations partially withdrawn in June 2006 read as follows :
"In accordance with Article 2, paragraph 2, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence.
In accordance with Article 6, paragraph 4, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence."
]
Период результата: 06/09/2007 -
Cтатьях, посвященных : 2, 6


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