Home Content Addenda Thai Version UNITED NATIONS CONVENTION AGAINST
ILLICIT TRAFFIC IN NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES, 1988. . .
Article 1
DEFINITIONSExcept where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout this Convention:
. . .
(d) “Commercial carrier” means any person or any public, private or other entity engaged in trans-porting persons, goods or mails for remuneration, hire or any other benefit;
. . .
(g) “Controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, substances in Table I and Table II annexed to this Convention, or sub-stances substitued for them, to pass out of, through or into the territory of one or more countries, with the knowledge and under the supervision of their competent authorities, with a view to identifying persons involved in the commission of offences established in accordance with article 3, paragraph 1 of the Convention;
. . .
(u) “Transit State” means a State through the territory of which illicit narcotic drugs, psychotropic substances and substances in Table I and Table II are being moved, which is neither the place of origin nor the place of ultimate destination thereof.
Article 2
SCOPE OF THE CONVENTION1. The purpose of this Convention is to promote co-operation among the Parties so that they may address more effectively the various aspects of illicit traffic in narcotic drugs and psychotropic substances having an international dimension. In carrying out their obligations under the Convention, the Parties shall take necessary measures, including legislative and administrative measures, in conformity with the fundamental provisions of their respective domestic legislative systems.
2. The Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.
3. A Party shall not undertake in the territory of another Party the exercise of jurisdiction and performance of functions which are exclusively reserved for the authorities of that other Party by its domestic law.
Article 3
OFFENCES AND SANCTIONS1. Each Party shall adopt such measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally:
(a) (i) The production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exporta-tion of any narcotic drug or any psycho-tropic substance contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention;
. . .
(iii) The possession or purchase of any narcotic drug or psychotropic substance for the purpose of any of the activities enumerated in (i) above;
(iv) The manufacture, transport or distribution of equipment, materials or of substances listed in Table I and Table II, knowing that they are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances;
(b)
. . .
(ii) The concealment or disguise of the true nature, source, location, disposition, move-ment, rights with respect to, or ownership of property, knowing that such property is derived from an offence or offences esta-blished in accordance with subparagraph (a) of this paragraph or from an act of participation in such an offence or offences;
(c) Subject to its constitutional principles and the basic concepts of its legal system:
(i) The acquisition, possession or use of pro-perty, knowing, at the time of receipt, that such property was derived from an offence or offences established in accordance with subparagraph (a) of this paragraph or from an act of participation in such offence or offences;
(ii) The possession of equipment or materials or substances listed in Table I and Table II, knowing that they are being or are to be used in or for the illicit cultivation, produc-tion or manufacture of narcotic drugs or psychotropic substances;
(iii) Publicly inciting or inducing others, by any means, to commit any of the offences established in accordance with this article or to use narcotic drugs or psychotropic substances illicitly;
(iv) Participation in, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences esta-blished in accordance with this article.
2. Subject to its constitutional principles and the basic concepts of its legal system, each Party shall adopt such measures as may be necessary to establish as a criminal offence under its domestic law, when committed intentionally, the possession, purchase or cultivation of narcotic drugs or psycho-tropic substances for personal consumption contary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.
3. Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this article may be inferred from objective factual circumstances.
. . .
Article 4
JURISDICTION1. Each Party:
(a) Shall take such measures as may be neces-sary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when:
(i) The offence is committed in its territory:
(ii) The offence is committed on board a vessel flying its flag or an aircraft which is registered under its laws at the time the offence is committed;
(b) May take such measures as may be neces-sary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when:
(i) The offence is committed by one of its nationals or by a person who has his habitual residence in its territory;
(ii) The offence is committed on board a vessel concerning which that Party has been autho-rized to take appropriate action pursuant to article 17, provided that such jurisdiction shall be exercised only on the basis of agreements or arrangements reerred to in paragraphs 4 and 9 of that article;
(iii) The offence is one of those established in accordance with article 3, paragraph 1, subparagraph (c)(iv), and is committed outside its territory with a view to the com-mission, within its territory, of an offence established in accordance with article 3, paragraph 1.
2. Each Party:
(a) Shall also take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when the alleged offender is present in its territory and it does not extradite him to another Party on the ground:
(i) That the offence has been committed in its territory or on board a vessel flying its flag or an aircraft which was registered under its law at the time the offence was committed; or
(ii) That the offence has been committed by one of its nationals;
(b) May also take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when the alleged offender is present in its territory and it does not extradite him to another Party
3. This Convention does not exclude the exercise of any criminal jurisdiction established by a Party in accordance with its domestic law.
. . .
Article 15
COMMERCIAL CARRIERS1. The Parties shall take appropriate measures to ensure that means of transport operated by com-mercial carriers are not used in the commission of offences established in accordance with article 3, paragraph 1; such measures may include special arrangements with commercial carriers.
2. Each Party shall require commercial carriers to take reasonable precautions to prevent the use of their means of transport for the commission of offences established in accordance with article 3, paragraph 1. Such precautions may include:
(a) If the principal place of business of a com-mercial carrier is within the territory of the Party:
(i) Training of personnel to identify suspicious consignments or persons;
(ii) Promotion of integrity of personnel;
(b) If a commercial carrier is operating within the territory of the Party:
(i) Submission of cargo manifests in advance, whenever possible;
(ii) Use of tamper-resistant, individually verifiable seals on containers;
(iii) Reporting to the appropriate authorities at the earliest opportunity all suspicious circum-stances that may be related to the commis-sion of offences established in accordance with article 3, paragraph 1.
3. Each Party shall seek to ensure that commercial carriers and the appropriate authorities at points of entry and exit and other customs control areas co-operate, with a view to preventing unauthorized access to means of transport and cargo and to implementing appropriate security measures.
Article 16
COMMERCIAL DOCUMENTS AND LABELLING OF EXPORTS1. Each Party shall require that lawful exports of narcotic drugs and psychotropic substances be properly documented. In addition to the requirements for documentation under article 31 of the 1961 Con-vention as amended and article 12 of the 1971 Con-vention, commercial documents such as invoices, cargo manifests, customs, transport and other shipping documents shall include the names of the narcotic drugs and psychotropic substances being exported as set out in the respective Schedules of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, the quantity being exported, and the name and address of the exporter, the importer and, when available, the consignee.
2. Each Party shall require that consignments of narcotic drugs and psychotropic substances being exported be not mislabelled.
. . .
Article 19
THE USE OF THE MAILS1. In conformity with their obligations under the Conventions of the Universal Postal Union, and in accordance with the basic principles of their domestic legal systems, the Parties shall adopt measures to suppress the use of the mails for illicit traffic and shall co-operate with one another to that end.
2. The measures referred to in paragraph 1 of this article shall include in particular:
(a) Co-ordinated action for the prevention and repression of the use of the mails for illicit traffic;
(b) Introduction and maintenance by authorized law enforcement personel of investigative and control techniques designed to detect illicit consignments of narcotic drugs, psychotropic substances and substances in Table I and Table II in the mails;
(c) Legislative measures to enable the use of appropriate means to secure evidence required for judicial proceedings.
. . .
| Home | Content | Addenda | Thai Version |