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The old habits of secrecy haven't left Kim Kuk-song. It has taken weeks of discussions to get an interview with him, and he's still worried about who might be listening. He wears dark glasses for the camera, and only two of our team know what we think is his real name. Mr Kim spent 30 years working his way to the top ranks of North Korea's powerful spy agencies. The agencies were the 'eyes, ears, and brains of the Supreme Leader', he says. He claims he kept their secrets, sent assassins to kill their critics, and even built an illegal drugs-lab to help raise 'revolutionary' funds. Now, the former senior colonel has decided to tell his story to the BBC. It's the first time such a senior military officer from Pyongyang has given an interview to a major broadcaster. Mr Kim was the 'reddest of the red', he says in an exclusive interview. A loyal communist servant. He had to flee for his life in , and since then he has been living in Seoul and working for South Korean intelligence. He depicts a North Korean leadership desperate to make cash by any means possible, from drug deals to weapons sales in the Middle East and Africa. He told us about the strategy behind decisions being made in Pyongyang, the regime's attacks on South Korea, and claims that the secretive country's spy and cyber networks can reach around the world. The BBC cannot independently verify his claims, but we have managed to verify his identity and, where possible, found corroborating evidence for his allegations. We contacted the North Korean embassy in London and the mission in New York for a statement, but have so far received no response. Mr Kim's last few years in North Korea's top intelligence unit offer some insight into the early career of the current leader, Kim Jong-un. He paints a picture of a young man eager to prove himself as a 'warrior'. North Korea formed a new spy agency called the Reconnaissance General Bureau in , just as Kim Jong-un was being groomed to succeed his father, who had suffered a stroke. Chief of the bureau was Kim Yong-chol, who remains one of the North Korean leader's most trusted aides. The colonel said that in May , an order came down the chain of command to form a 'terror task force' to kill a former North Korean official who had defected to the South. I personally directed and carried out the work. Hwang Jang-yop was once one of the country's most powerful officials. He had been a key architect of North Korean policy. His defection to the South in had never been forgiven. Once in Seoul, he was extremely critical of the regime, and the Kim family wanted revenge. But the assassination attempt went wrong. Two North Korean army majors are still serving 10 year prison sentences in Seoul for the plot. Pyongyang always denied it was involved and claimed South Korea had staged the attempt. There was more to come. A year later, in , a South Korean navy ship, the Cheonan, sank after being hit by a torpedo. Forty-six lives were lost. Pyongyang has always denied its involvement. Two soldiers and two civilians were killed. There has been much debate over who gave the order for that attack. Mr Kim said he was 'not directly involved in the operations on the Cheonan or Yeonpyeong Island', but they 'were not a secret to RGB officers, it was treated with pride, something to boast about'. And those operations would not have happened without orders from the top, he says. The sinking of the Cheonan and the shelling of Yeonpyeong Island are not a thing that could be carried out by subordinates. It's an achievement. Mr Kim says one of his responsibilities in the North was developing strategies to deal with South Korea. The aim was 'political subordination'. Many cases', he claims. He doesn't elaborate, but he does give us one intriguing example. That was in the early s. I have met several convicted North Korean spies in South Korea, and, as NK News founder Chad O'Carroll notes in a recent article, South Korean prisons were once filled with dozens of North Korean spies arrested over the decades for various types of espionage work. A handful of incidents have continued to occur and at least one involved a spy sent directly from the North. But NK News data suggests that far fewer people have been arrested in South Korea for spy-related offences since , as the North turns to new technologies, rather than old fashioned spies, for intelligence gathering. North Korea may be one of the world's poorest and most isolated countries, but previous high-profile defectors have warned that Pyongyang has created an army of 6, skilled hackers. According to Mr Kim, the previous North Korean leader, Kim Jong-il, ordered the training of new personnel in the s 'to prepare for cyberwarfare'. British security officials believe that a North Korean unit known as the Lazarus Group was behind a cyber-attack that crippled parts of the NHS and other organisations around the world in The same group is believed to have targeted Sony Pictures in a high-profile hack in He claims it had a direct telephone line to the North Korean leader. The office also safeguards communication between North Korean spy agents. Kim Jong-un has recently announced the country is once again facing a 'crisis' and in April he called on his people to prepare for another 'arduous march' - a phrase that has come to describe a disastrous famine in the s, under Kim Jong-il. Back then, Mr Kim was in the Operations Department and was ordered to raise 'revolutionary funds' for the Supreme Leader. That, he says, meant dealing in illegal drugs. Then we could cash it to dollars to present to Kim Jong-il. His account of drug dealing at this time is plausible. North Korea has a long history of drug production - mostly heroin and opium. A former North Korean diplomat to the UK, Thae Yong-ho, who also defected, told the Oslo Freedom Forum in that the country had engaged in state-sponsored drug trafficking and was trying to fix a widespread domestic drug addiction epidemic. I ask Mr Kim where the drug money went. Was it converted into cash for the people? Estimates of the death toll from North Korea's prolonged food shortages in the s range from hundreds of thousands to up to a million people. Another source of income, according to Mr Kim, came from illegal weapons sales to Iran, managed by the Operations Department. North Korea was very good at building cutting edge equipment like this,' he says. This may be a bit of North Korean propaganda as the country's submarines have noisy, diesel engines. But Mr Kim claims that the deals were so successful that North Korea's deputy director in Iran would boast about summoning the Iranians to his swimming pool to do business. North Korean weapons deals with Iran have been an open secret since the s and even included ballistic missiles, according to Professor Andrei Lankov, one of the world's leading authorities on North Korea. North Korea has continued to advance the development of weapons of mass destruction, despite being subject to strict international sanctions. In September, the country tested four new weapons systems including a new long-range cruise missile, a train-launch system for a ballistic missile, a hypersonic missile, and an anti-aircraft missile. According to Mr Kim, Pyongyang also sold weapons and technology to countries fighting long civil wars. The UN warns that weapons developed in Pyongyang could end up in many troubled corners of the world. Mr Kim led a privileged life in North Korea. He claims he was given use of a Mercedes-Benz car by Kim Jong-un's aunt, and allowed to travel abroad freely to raise money for the North Korean leader. He says he sold rare metals and coal to raise millions in cash, which would be brought back into the country in a suitcase. In an impoverished country where millions of people are struggling with food shortages, this is a life few can imagine, let alone live. Mr Kim's powerful political connections through marriage allowed him to move between different intelligence agencies, he says. But those same connections also put him and his family in danger. Not long after ascending to the political throne in , Kim Jong-un decided to purge those he perceived as a threat, including his own uncle, Jang Song-thaek. I felt he would be banished to the countryside,' he says. I knew I could no longer exist in North Korea. Mr Kim was abroad when he read about the execution in a newspaper. He decided to make a plan to flee with his family to South Korea. Even behind his dark glasses, I can see that the memory is difficult for him. The one question I keep asking during our many meetings, over many hours, was why he decided to speak now. There are more than 30, defectors in South Korea. Only a few decide to speak to the media. The more high profile you are, the higher the risk to you and your family. There are also many in South Korea who doubt defectors' accounts of their lives. After all, how can anyone truly verify their stories? Mr Kim lived a highly unusual life. His account should be read as part of North Korea's story - not the whole. But his story offers us a view inside a regime few are able to escape, and tells us something about what it takes for the regime to survive. Over generations, it produces a 'loyal heart'. The timing of this interview is also interesting. Kim Jong-un has hinted he may be willing to talk to South Korea in the near future, if certain conditions are met. What you need to know is that North Korea hasn't changed 0. Skip to content. US Election. Drugs, arms, and terror: A high-profile defector on Kim's North Korea. In a year career, Kim Kuk-song rose to the top ranks of North Korea's powerful spy agencies. But rank and loyalty do not guarantee your safety in North Korea. A 'terror task force'. Mr Kim's testimony would suggest otherwise. That involved having eyes and ears on the ground. The BBC has no way of verifying this claim. The North Korean supreme leader, Kim Jong-un. Mr Kim says the office was known as the Liaison Office. Drugs for dollars. Getty Images. The technology is growing ever more sophisticated. But here too, Mr Kim offers a warning. Kim Jong-un wages war on slang, jeans and films. The South Koreans enslaved in the North's mines. Kim Jong-un. North Korea human rights. North Korea weapons programme. North Korean defectors. South Korea. North Korea.
Crystal Meth Is North Korea’s Trendiest Lunar New Year’s Gift
Buying Heroin Pyongyang
Upon signature: Understanding: '1. Article 1 - Definition of Illicit Traffic. With regard to the reservation to article 6 made by Viet Nam upon accession:. With regard to the reservation with regard to article 6 made by Viet Nam upon accession:. With regard to the interpretative declarations made by the United States of America:. With regard to the reservations and declarations made by Colombia upon ratification:. The Government of the Democratic People's Republic of Korea has designated the following authorities under the provisions of article 7 8 and 17 7 , respectively. Home Page. Main Menu. Vienna, 20 December Entry into force. Registration : 11 November , No. Status : Signatories : Parties : In addition to the Convention, the Conference adopted the Final Act and certain resolutions which are annexed to the Final Act. Kitts and Nevis 19 Apr a St. Lucia 21 Aug a St. Declarations and Reservations. Unless otherwise indicated, the declarations and reservations were made upon ratification, accession, acceptance, approval, formal confirmation or succession. Algeria Reservation: The People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 32, paragraph 2, the compulsory referral of any dispute of the International Court of Justice. The People's Democratic Republic of Algeria declares that for a dispute to be referred to the International Court of Justice the agreement of all the parties to the dispute is necessary in each case. Andorra Reservation: With respect to the option provided in paragraph 4 of article 32, the Andorran State does consider itself bound by the provisions of paragraphs 2 and 3 of this article. With respect to paragraph 2, the Andorran State considers that any dispute which cannot be settled in the manner prescribed in paragraph 1 of the aforementioned article will be referred to the International Court of Justice only with the agreement of all parties involved in the dispute. Declaration: Since the Andorran legal system already embodies almost all the measures referred to in the Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, accession to the aforementioned Convention will entail only minor changes in the Andorran State's legal system, which will be taken into account in the future legislative activity. From the point of view of the rights and obligations arising from accession to this Convention, without renouncing the specific characteristics of its domestic legislation, in particular with respect to the protection of individual freedoms and the rights of bona fide third parties, and to the preservation of national sovereignty and the common good, Andorra undertakes to assume the obligations among States arising from the Vienna Convention and to cooperate, through its judicial authorities and on the basis of reciprocity, with the other States which have accepted the provisions of the aforementioned Convention. Austria Declarations: 're. The same applies to all other references of the Convention to domestic law, its fundamental principles or the national constitutional order like they are contained in art. If the decision has not been rendered by a court, a declaration of the authority requesting legal assistance has to be furnished, stating that all necessary preconditions are fulfilled, according to the law of the requesting state. Bahrain 13 , Bahrain 13,14 Reservation: The State of Bahrain, by the ratification of this Convention, does not consider itself bound by paragraph 2 of article 32 in connection with the obligation to refer the settlement of the dispute relating to the interpretation or application of this Convention to the International Court of Justice. Belize Reservation: 'Article 8 of the Convention requires the Parties to give consideration to the possibility of transferring to one another proceedings for criminal prosecution of certain offences where such transfer is considered to be in the interests of a proper administration of justice. Moreover, under the Constitution of Belize, the control of public prosecutions is vested in the Director of Public Prosecutions, who is an independent functionary and not under Government control. Bolivia Plurinational State of. Bolivia Plurinational State of Reservation made upon signature and confirmed upon ratifica tion: The Republic of Bolivia places on record its express reservation to article 3, paragraph 2, and declares the inapplicability to Bolivia of those provisions of that paragraph which could be interpreted as establishing as a criminal offence the use, consumption, possession, purchase or cultivation of the coca leaf for personal consumption. For Bolivia such an interpretation of that paragraph is contrary to principles of its Constitution and basic concepts of its legal system which embody respect for the culture, legitimate practices, values and attributes of the nationalities making up Bolivia's population. Bolivia's legal system recognizes the ancestral nature of the licit use of the coca leaf which, for much of Bolivia's population, dates back over centuries. At the same time, the Republic of Bolivia will continue to take all necessary legal measures to control the illicit cultivation of coca for the production of narcotic drugs, as well as the illicit consumption, use and purchase of narcotic drugs and psychotropic substances. Brunei Darussalam. Brunei Darussalam Reservation: 'In accordance with article 32 of the Convention Brunei Darussalam hereby declares that it does not consider itself bound by paragraphs 2 and 3 of the said article China Declaration made upon signature and confirmed upon ratification: Under the Article 32, paragraph 4, China does not consider itself bound by paragraphs 2 and 3 of that article. Colombia Colombia 15 Upon signature: Colombia formulates a reservation to article 9, paragraph 1, of the Convention, specifically subparagraphs b , c , d and e thereof, since its legislation does not permit outside co-operation with the judiciary in investigating offences nor the establishment of joint teams with other countries to that end. Likewise inasmuch as samples of the substances that have given rise to investigations belong to the proceedings, only the judge, as previously, can take decisions in that regard. Upon ratification: Reservations With respect to article 5, paragraph 7, of the Convention, Colombia does not consider itself bound to reverse the onus of proof. Colombia has reservations in connection with article 9, paragraphs 1 b , c , d and e , inasmuch as they conflict with the autonomy and independence of the judicial authorities in their jurisdiction over the investigation and judgement of offences. Declarations: 1. No provision of the Convention may be interpreted as obliging Colombia to adopt legislative, judicial, administrative or other measures that might impair or restrict its constitutional or legal system or that go beyond the terms of the treaties to which the Colombian State is a contracting party. It is the view of Colombia that treatment under the Convention of the cultivation of the coca leaf as a criminal offence must be harmonized with a policy of alternative development, taking into account the rights of the indigenous communities involved and the protection of the environment. In this connection it is the view of Colombia that the discriminatory, inequitable and restrictive treatment accorded its agricultural export products on international markets does nothing to contribute to the control of illicit crops, but, rather, is a cause of social and environmental degradation in the areas affected. Further, Colombia reserves the right to make an independent evaluation of the ecological impact of drug control policies, since those that have a negative impact on ecosystems contravene the Constitution. It is the understanding of Colombia that article 3, paragraph 7, of the Convention will be applied in accordance with its penal system, taking into account the benefits of its policies regarding the indictment of and collaboration with alleged criminals. A request for reciprocal legal assistance will not be met when the Colombian judicial and other authorities consider that to do so would run counter to the public interest or the constitutional or legal order. The principle of reciprocity must also be observed. It is the understanding of Colombia that article 3, paragraph 8, of the Convention does not imply the non-applicability of the statutory limitation of penal action. Article 24 of the Convention, on 'more strict or severe measures', may not be interpreted as conferring on the Government powers that are broader than those conferred by the Political Constitution of Colombia, including in states of exception. It is the understanding of Colombia that the assistance provided for under article 17 of the Convention will be effective only on the high seas and at the express request and with the authorization of the Colombian Government. Colombia declares that it considers contrary to the principles and norms of international law, in particular those of sovereign equality, territorial integrity and non-intervention, any attempt to abduct or illegally deprive of freedom any person within the territory of one State for the purpose of bringing that person before the courts of another State. It is the understanding of Colombia that the transfer of proceedings referred to in article 8 of the Convention will take place in such a way as not to impair the constitutional guarantees of the right of defence. Further, Colombia declares with respect to article 6, paragraph 10, of the Convention that, in the execution offoreign sentences, the provisions of article 35, paragraph 2, of its Political Constitution and other legal and constitutional norms must be observed The international obligations deriving from article 3, paragraphs 1 c and 2, as well as from article 11 are conditional on respect for Colombian constitutional principles and the above three reservations and nine declarations making the Convention compatible with the Colombian constitutional order. Cuba Declaration: The Government of the Republic of Cuba declares that it does not consider itself bound by the provisions of article 32, paragraphs 2 and 3, and that disputes which arise between the Parties should be settled by negotiation through the diplomatic channel. Cyprus Upon signature: '\[Signature is effected\] subject to ratification, at the time of which reservations in respect of specific provisions of the Convention may be made and deposited in the prescribed manner. Danish authorities cannot authorize another State to take legal action on behalf of the Kingdom of Denmark. France Reservations: The Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 2, and declares that any dispute relating to the interpretation or application of the Convention which cannot be settled in the manner prescribed in paragraph 1 of the said article may not be referred to the International Court of Justice unless all the parties to the dispute agree thereto. Similarly, the Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 3. Germany 5. Germany 5 Declaration: It is the understanding of the Federal Republic of Germany that the basic concepts of the legal system referred to in article 3, paragraph 2 of the Convention may be subject to change. Holy See. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention. This trafficking has already become so widespread and so highly organized as to involve both the developed countries and those on the road to development. Through its Representatives, the Holy See has followed the various phases of the drawing-up of the Convention text, a process that has been long and laborious. In adhering to this Convention, the Holy See does not intend to prescind in any way from its specific mission which is of a religious and moral character. Iran Islamic Republic of. Iran Islamic Republic of Upon signature: 'The Government of the Islamic Republic of Iran wishes to express reservation to article 6, paragraph 3, of the Convention, since this provision is incompatible with our domestic law. Ireland 1 February ' Israel Declaration: 'In accordance with paragraph 4 of Article 32, the Government of the State of Israel declares that it does not consider itself bound by the provisions of paragraph 2 of and 3 of this Article. Jamaica Kuwait Reservation: With reservation as to paragraphs 2 and 3 of article 32 of this Convention. Lao People's Democratic Republic. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Convention to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute is necessary. Lebanon Lebanon 17 Reservations: 1. The Government of the Lebanese Republic does not consider itself bound by the provisions of article 32, paragraph 2, and declares that disputes relating to the interpretation or application of the Convention which are not settled by the means prescribed in paragraph 1 of that article shall be referred to the International Court of Justice only with the agreement of all of the Parties to the dispute. Similarly, the Government of the Lebanese Republic does not consider itself bound by the provisions of article 32, paragraph 3. The Government of the Lebanese Republic has reservations regarding article 5, paragraph 3, regarding article 7, paragraph 2 f , and regarding article 7, paragraph 5, of the Convention. Malaysia Declaration: 'The Government of Malaysia does not consider itself bound by paragraphs 2 and 3 of article 32 of the said Convention, wherein if there should arise between two or more Parties a dispute and such dispute cannot be settled in the manner prescribed in paragraph 1 of article 32 of the Convention, Malaysia is not bound to refer the dispute to the International Court of Justice for decision. Myanmar Myanmar 18 Reservation: 'The Government \[of Myanmar\] further wishes to make a reservation on article 32, paragraphs 2 and 3 and does not consider itself bound by obligations to refer the disputes relating to the interpretation or application of this Convention to the International Court of Justice. Netherlands Kingdom of the. Netherlands Kingdom of the Upon signature: Understanding: '1. In applying these articles, \[it\] would therefore have to rely on the chapeau of article 1, allowing for a contextual application of the relevant definition. With respect of article 3, paragraph 6, \[the Government of the Nethesions cover offences established both under paragraph 1 and paragraph 2. In view of the provisions of paragraph 4 d and paragraph 11 of the same article, \[the Government of the Netherlands\] understands that the measure of discretionary legal powers relating to the prosecution for offences established in accordance with paragraph 2 may in practice be wider than for offences established in accordance with paragraph 1. With respect to article 3, paragraphs 7 and 8, it is the understanding of \[the Government of the Netherlands\] that these provisions do not require the establishment of specific rules and regulations on the early release of convicted persons and the statute of limitations in respect of offences, covered by paragraph 1 of the article, which are different from such rules and regulations in respect of other, equally serious, offences. Consequently, it is \[the Government's\] understanding that the relevant legislation presently in force within the Kingdom sufficiently and appropriately meets the concerns expressed by the terms of these provisions. Panama Reservation: The Republic of Panama does not consider itself obligated to apply the measures of confiscation or seizure provided for in article 5, paragraphs 1 and 2, of the Convention to property the value of which corresponds to that of the proceeds derived from offences established in accordance with the said Convention, in so far as such measures would contravene the provisions of article 30 of the Constitution of Panama, under which there is no penalty of confiscation of property. Peru Upon signature: Peru formulates an express reservation to paragraph 1 a ii of article 3, concerning offences and sanctions; that paragraph includes cultivation among the activities established as criminal offences, without drawing the necessary clear distinction between licit and illicit cultivation. Accordingly, Peru also formulates an express reservation to the scope of the definition of illicit traffic contained in article 1 in so far as it refers to article 3, paragraph 1 a ii. In accordance with the provisions of article 32, paragraph 4, Peru declares, on signing the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, that it does not consider itself bound by article 32, paragraphs 2 and 3, since, in respect of this Convention, it agrees to the referral of disputes to the International Court of Justice only if all the parties, and not just one, agree to such a procedure. Philippines San Marino San Marino 20 Declaration: \[The Republic of San Marino declares\] that any confiscation activity under article 5 is subject to the fact that the crime is considered as such also by San Marino legal system. Saudi Arabia Saudi Arabia 13 Declarations: 1. The Kingdom of Saudi Arabia does not regard itself bound by article 32, paragraphs 2 and 3, of the Convention; 2. This ratification does not constitute recognition of Israel and shall not give rise to entry with it into any dealings or to the establishment with it of any relations under the Convention. South Africa. South Africa Declaration In keeping with paragraph 4 of article 32, the Republic of South Africa does not consider itself bound by the provisions of paragraphs 2 and 3 of Article 32 of the Convention. Sweden Declaration: 'Regarding article 3, paragraph 10, Swedish constitutional legislation on extradition implies that in judging whether a specific offence is to be regarded as a political offence, regard shall be paid to the circumstances in each individual case. Switzerland Reservation concerning article 3, paragraph 2 : Switzerland does not consider itself bound by article 3, paragraph 2, concerning the maintenance or adoption of criminal offences under legislation on narcotic drugs. Reservation concerning article 3 , paragraphes 6, 7 and 8: Switzerland considers the provisions of article 3, paragraphs 6, 7 and 8 as binding only to the extent that they are compatible with Swiss criminal legislation and Swiss policy on criminal matters. Syrian Arab Republic Syrian Arab Republic 13 Declaration: The accession to this Convention shall not constitute a recognition of Israel or lead to any kind of intercourse with it. United Kingdom of Great Britain and Northern Ireland Reservation: 'The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under article 7, paragraph 18, where this is specifically requested by the person to whom the immunity would apply or by the authority designated, under article 7, paragraph 8, of the Party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of the United Kingdom consider that to do so would be contrary to the public interest. United Republic of Tanzania. United Republic of Tanzania Upon signature: 'Subject to a further determination on ratification, the United Republic of Tanzania declares that the provisions of article 17 paragraph 11 shall not be construed as either restraining in any manner the rights and privileges of a coastal State as envisaged by the relevant provisions relating to the Economic Exclusive Zone of the Law of the Sea Convention, or, as according third parties rights other than those so recognized under the Convention. United States of America. United States of America Understandings: ' 1 Nothing in this Treaty requires or authorizes legislation or other action by the United States of America prohibited by the Constitution of the United States. Venezuela Bolivarian Republic of. Venezuela Bolivarian Republic of Interpretative declarations: 1. With respect to article 6: Extradition It is the understanding of the Government of Venezuela that this Convention shall not be considered a legal basis for the extradition of Venezuelan citizens, as provided for in the national legislation in force. With respect to article Controlled Delivery It is the understanding of the Government of Venezuela that publicly actionable offences in the national territory shall be prosecuted by the competent national police authorities and that the controlled delivery procedure shall be applied only in so far as it does not contravene national legislation in this matter. Viet Nam 21 , Yemen Yemen 12 Upon signature: \[Yemen reserves its\] right to enter reservations in respect of such articles as it may see fit at a time subsequent to this signature. Unless otherwise indicated, the objections were received upon ratification, accession, acceptance, approval, formal confirmation or succession. Austria is of the view that the reservation raises doubts as to its compatibility with the object and purpose of the Convention concerned, in particular the fundamental principle that perpetrators of drug-related crime should be brought to justice, regardless of their whereabouts. Non-acceptance of this principle would undermine the effectiveness of the \[said\] Convention. This objection does not preclude the entry into force of the \[said\] Convention between Austria and Vietnam. Belgium 27 December Belgium, member State of the European Community, attached to the principle of freedom of navigation, notably in the exclusive economic zone, considers that the declaration of Brazil concerning paragraph 11 of article 17, of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted at Vienna on 20 December , goes further than the rights accorded to coastal States by international law. Denmark 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. Finland 25 April With regard to the reservations made by Lebanon: \[Same objection, mutatis mutandis , as the one made by France. France 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. The Convention indicates that bank secrecy shall not be a ground for a failure to act or for a failure to render mutual assistance. The Government of France considers that these reservations therefore undermine the object and purpose of the Convention, as stated in article 2, paragraph 1, to promote cooperation in order to address more effectively the international dimension of illicit drugs trafficking. France therefore objects to it. The objection does not preclude the entry into force of the Convention between France and Viet Nam. Germany 4. It is in the common interest of states that international treaties which they have concluded are respected, as to their object and purpose, and that all parties are prepared to undertake any legislative and administrative changes necessary to comply with their obligations. Greece 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. Ireland 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. Italy 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. Luxembourg 27 December \[Same objection, mutatis mutandis, as the one made by Belgium. Consequently, the Government of the United Mexican States considers that such a declaration constitutes a reservation to which it objects. Netherlands Kingdom of the 27 December \[ Same objection, mutatis mutandis, as the one made by Belgium. Portugal 27 December \[ Same objection, mutatis mutandis, as the one made by Belgium. Spain 27 December \[ Same objection, mutatis mutandis, as the one made by Belgium. Sweden 7 March With regard to the reservations made by Lebanon upon accession: \[ Same objection , mutatis mutandis, as the one made by France. The Government of Sweden is of the view that the reservation made by the Government of Viet Nam regarding article 6, may raise doubts as to the commitment of Viet Nam to the object and purpose of the Convention. The \[Convention\] will thus become operative between the two States without Viet Nam benefiting from the \[reservation\]. In this context, the Government of Sweden would like to recall that under well-established treaty law, the name assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified, does not determine itsreservation to the treaty. Thus, the Government of Sweden considers that the declaration made by San Marino, in the absence of further clarification, in substance constitutes a reservation to the Convention. The Government of Sweden notes that the said articles of the Convention are being made subject to a general reservation referring to the contents of existing legislation in San Marino. The Government of Sweden is of the view that, in the absence of further clarification, this reservation raises doubts as to the commitment of San Marino to the object and purpose of the Convention and would like to recall that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted. It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. This objection shall not preclude the entry into force of the Convention between San Marino and Sweden. The Convention enters into force in its entirety between the two States, without San Marino benefiting from its reservation. The Greek Cypriot side does not possess the right or authority to become party to international instruments on behalf of Cyprus as a whole. United States of America 23 October With regard to the reservations and declarations made by Colombia upon ratification: 'The Government of the United States of America understands the first reservation to exempt Colombia from the obligations imposed by article 3, paragraphs 6 and 9, and article 6 of the Convention only insofar as compliance with such obligations would prevent Colombia from abiding by article 35 of its Political Constitution regarding the extradition of Colombian nationals by birth , to the extent that the reservation is intended to apply other than to the extradition of Colombian nationals by birth, the Government of the United States objects to the reservation. Notifications under article 6, 7 and Unless otherwise indicated, the notifications were received upon ratification, accession, acceptance, approval, formal confirmation or succession. Argentina 16 May Article 6 Extradition : Where a treaty exists, the requirements established therein should be met. In the event that the requested person has been convicted, in addition to the foregoing, the following shall be added: g An affidavit or certified copy of the court decision of conviction; h Certification that the decision is not rendered in absentia and is final. If the judgment is rendered in absentia, assurances must be given that the case will be reopened so that the convicted person may be heard and allowed to exercise the right of defence, and that a new judgment will be issued accordingly; i Information on the length of the sentence remaining to be served; j An explanation of the reasons for which the sentence has not been completed. Sargsyan str. Barbados 23 June ' China 30 November 1. Address: No. With regard to Macao Special Administrative Region, the Public Prosecutions Office of Macao Special Administrative Region is designated as the competent authority for cooperation on surrender of fugitive offenders for the purpose of Article 6 of the Convention. Address: Ala. Cook Islands. The objects of the Act are to - a codify the law relating to the extradition of persons from the Cook Islands; and b facilitate the making of requests for extradition by the Cook Islands to other countries, and c enable the Cook Islands to carry out its obligations under extradition treaties. An offense under the Act is an extradition offence if - 1. In determining whether conduct constitutes an offence, regard may be had to only some of the acts and omissions that make up the conduct. In determining the maximum penalty for an offence for which no statutory penalty is imposed, regard must be had to the level of penalty that can be imposed by any court in the requesting country for the offence. An offence may be an extradition offence although: a it is an offence against a law of the requesting country relating to taxation, customs duties or other revenue matters, or relating to foreign exchange controls; and b the Cook Islands does not impose a duty, tax, impost or control of that kind. Tel: 29 ; Fax: 20 Tel: 28 ; Fax: 28 Cuba 23 July Article 6 Lic. Specific procedure in urgent cases: This does not exist; there is only a procedure for regular cases. Democratic People's Republic of Korea. Democratic People's Republic of Korea 31 May The Government of the Democratic People's Republic of Korea has designated the following authorities under the provisions of article 7 8 and 17 7 , respectively. Iceland 1 March ' Luxembourg 16 October Notifications pursuant to article 7 8 and 9 : Pursuant to article 7 8 , and as a replacement of the initial designation made at the time of the deposit of the instrument of ratification, the Government of the Grand Duchy of Luxembourg has designated the State Attorney General as the authority with the responsibility and power to execute requests for mutual legal assistance or to transmit them to the competent authorities for execution. Pursuant to article 7 9 , the Government of the Grand Duchy of Luxembourg declares that requests for mutual legal assistance must be written in French or German or be accompanied by a translation into French or German. Nicaragua 31 July The Permanent Mission of the Republic of Serbia Sri Lanka. Sweden 21 December The Government of Sweden notified the Secretary-General that, as from 1 October , the Ministry of Justice has been designated as the authority under the provisions of article 7 8 and article 17 7 of the Convention, instead of the Ministry for Foreign Affairs. The State having no such treaty shall submit its request through the diplomatic channel. Trinidad and Tobago. End Note. Upon resuming the exercise of sovereignty over Macao, China notified the Secretary-General that the Convention will also apply to the Macao Special Administrative Region. The instrument of ratification contained the following declarations: Requests for mutual legal assistance under article 7 shall be directed to the German Democratic Republic through diplomatic channel in one of the official United Nations languages or in the German language unless existing agreements on mutual legal assistance include other provisions or direct communication between legal authorities has been determined or developed on a mutual basis. The Ministry of Foreign Affairs shall be the competent authority to receive and respond to requests of another state to board or search a vessel suspected of being involved in illicit traffic article The instrument of acceptance specifies that it is for the Kingdom in Europe. The text can be found here: C. A request for immunity will not be granted where the judicial authorities of the Isle of Man consider that to do so would be contrary to the public interest. In relation to the aformentioned Territories the granting of immunity under article 7, paragraph 18, of the said Convention will only be considered where this is specifically requested by the person to whom the immunity would apply or by the authority designated, under article 7, paragraph 8, of the Party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of the Territory in question consider to do so would be contrary to the public interest. The applicatn of the Convention to the Bailiwick of Jersey is subject to the following reservation: 1 article 7, paragraph 18 Reservation 'The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under article 7, paragraph 18, in relation to Jersey, where this is specifically requested by the person to whom the immunity would apply or by the authority designated under article 7, paragraph 8 of the party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of Jersey consider that to do so would be contrary to the public interest. A request for immunity will not be granted where the judicial authorities of Guernsey consider that to do so would be contrary to the public interest. A request for immunity will not be granted where the judicial authorities of Gibraltar consider that to do so would be contrary to the public interest. The reservation reads as follows. Colombia is not bound by article 3, paragraphs 6 and 9, or article 6 of the Convention since they contravene article 35 of the Political Constitution of Colombia regarding the prohibition on extraditing Colombians by birth. The declaration read as follows: Declaration: 'The Government of Jamaica understands paragraph 11 of article 17 of the said Convention to mean that the consent of the coastal State is required as a precondition for action under paragraphs 2, 3 and 4 of article 17 of the said Convention in relation to the Exclusive Economic Zone and all other maritime areas under the sovereignty or jurisdiction of the coastal State. No objection having been recieved within the said period, the above declaration was deemed accepted for deposit upon the expiration of the day period, that is to say on 2 December According to the Vienna Convention on the Law of Treaties, and well-established customary international law, a reservation contrary to the object and purpose of the treaty shall not be permitted. It is in the common interest of States that treaties to which they have chosen to become Parties are respected as to their object and purpose by all Parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. The Government of Finland therefore objects to \[this reservation\] made by the Government of Viet Nam to the \[Convention\]. This objection does not preclude the entry into force of the \[Convention\] between Viet Nam and Finland. The \[Convention\] will thus become operative between the two States without Viet Nam benefitting from \[this reservation\]. Signatories : Certified true copy United Nations, Treaty Series , vol. Bosnia and Herzegovina 1. China 2 , 3. Netherlands Kingdom of the 7. San Marino. Saudi Arabia. Syrian Arab Republic. Ukraine 9 , Viet Nam. Close Window. Declarations and Reservations Unless otherwise indicated, the declarations and reservations were made upon ratification, accession, acceptance, approval, formal confirmation or succession. Algeria Algeria Reservation: The People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 32, paragraph 2, the compulsory referral of any dispute of the International Court of Justice. Andorra Andorra Reservation: With respect to the option provided in paragraph 4 of article 32, the Andorran State does consider itself bound by the provisions of paragraphs 2 and 3 of this article. Austria Austria Declarations: 're. Bahrain 13 , 14 Bahrain 13,14 Reservation: The State of Bahrain, by the ratification of this Convention, does not consider itself bound by paragraph 2 of article 32 in connection with the obligation to refer the settlement of the dispute relating to the interpretation or application of this Convention to the International Court of Justice. Belize Belize Reservation: 'Article 8 of the Convention requires the Parties to give consideration to the possibility of transferring to one another proceedings for criminal prosecution of certain offences where such transfer is considered to be in the interests of a proper administration of justice. Bolivia Plurinational State of Bolivia Plurinational State of Reservation made upon signature and confirmed upon ratifica tion: The Republic of Bolivia places on record its express reservation to article 3, paragraph 2, and declares the inapplicability to Bolivia of those provisions of that paragraph which could be interpreted as establishing as a criminal offence the use, consumption, possession, purchase or cultivation of the coca leaf for personal consumption. Brunei Darussalam Brunei Darussalam Reservation: 'In accordance with article 32 of the Convention Brunei Darussalam hereby declares that it does not consider itself bound by paragraphs 2 and 3 of the said article China China Declaration made upon signature and confirmed upon ratification: Under the Article 32, paragraph 4, China does not consider itself bound by paragraphs 2 and 3 of that article. Colombia 15 Colombia 15 Upon signature: Colombia formulates a reservation to article 9, paragraph 1, of the Convention, specifically subparagraphs b , c , d and e thereof, since its legislation does not permit outside co-operation with the judiciary in investigating offences nor the establishment of joint teams with other countries to that end. Cuba Cuba Declaration: The Government of the Republic of Cuba declares that it does not consider itself bound by the provisions of article 32, paragraphs 2 and 3, and that disputes which arise between the Parties should be settled by negotiation through the diplomatic channel. Cyprus Cyprus Upon signature: '\[Signature is effected\] subject to ratification, at the time of which reservations in respect of specific provisions of the Convention may be made and deposited in the prescribed manner. France France Reservations: The Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 2, and declares that any dispute relating to the interpretation or application of the Convention which cannot be settled in the manner prescribed in paragraph 1 of the said article may not be referred to the International Court of Justice unless all the parties to the dispute agree thereto. Germany 5 Germany 5 Declaration: It is the understanding of the Federal Republic of Germany that the basic concepts of the legal system referred to in article 3, paragraph 2 of the Convention may be subject to change. Iran Islamic Republic of Iran Islamic Republic of Upon signature: 'The Government of the Islamic Republic of Iran wishes to express reservation to article 6, paragraph 3, of the Convention, since this provision is incompatible with our domestic law. Ireland Ireland 1 February ' Israel Israel Declaration: 'In accordance with paragraph 4 of Article 32, the Government of the State of Israel declares that it does not consider itself bound by the provisions of paragraph 2 of and 3 of this Article. Jamaica 16 Jamaica Kuwait Kuwait Reservation: With reservation as to paragraphs 2 and 3 of article 32 of this Convention. Lebanon 17 Lebanon 17 Reservations: 1. Malaysia Malaysia Declaration: 'The Government of Malaysia does not consider itself bound by paragraphs 2 and 3 of article 32 of the said Convention, wherein if there should arise between two or more Parties a dispute and such dispute cannot be settled in the manner prescribed in paragraph 1 of article 32 of the Convention, Malaysia is not bound to refer the dispute to the International Court of Justice for decision. Myanmar 18 Myanmar 18 Reservation: 'The Government \[of Myanmar\] further wishes to make a reservation on article 32, paragraphs 2 and 3 and does not consider itself bound by obligations to refer the disputes relating to the interpretation or application of this Convention to the International Court of Justice. Panama Panama Reservation: The Republic of Panama does not consider itself obligated to apply the measures of confiscation or seizure provided for in article 5, paragraphs 1 and 2, of the Convention to property the value of which corresponds to that of the proceeds derived from offences established in accordance with the said Convention, in so far as such measures would contravene the provisions of article 30 of the Constitution of Panama, under which there is no penalty of confiscation of property. Peru Peru Upon signature: Peru formulates an express reservation to paragraph 1 a ii of article 3, concerning offences and sanctions; that paragraph includes cultivation among the activities established as criminal offences, without drawing the necessary clear distinction between licit and illicit cultivation. Philippines 19 Philippines San Marino 20 San Marino 20 Declaration: \[The Republic of San Marino declares\] that any confiscation activity under article 5 is subject to the fact that the crime is considered as such also by San Marino legal system. Saudi Arabia 13 Saudi Arabia 13 Declarations: 1. South Africa South Africa Declaration In keeping with paragraph 4 of article 32, the Republic of South Africa does not consider itself bound by the provisions of paragraphs 2 and 3 of Article 32 of the Convention. Sweden Sweden Declaration: 'Regarding article 3, paragraph 10, Swedish constitutional legislation on extradition implies that in judging whether a specific offence is to be regarded as a political offence, regard shall be paid to the circumstances in each individual case. Switzerland Switzerland Reservation concerning article 3, paragraph 2 : Switzerland does not consider itself bound by article 3, paragraph 2, concerning the maintenance or adoption of criminal offences under legislation on narcotic drugs. Syrian Arab Republic 13 Syrian Arab Republic 13 Declaration: The accession to this Convention shall not constitute a recognition of Israel or lead to any kind of intercourse with it. United Kingdom of Great Britain and Northern Ireland United Kingdom of Great Britain and Northern Ireland Reservation: 'The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under article 7, paragraph 18, where this is specifically requested by the person to whom the immunity would apply or by the authority designated, under article 7, paragraph 8, of the Party from whom assistance is requested. United Republic of Tanzania United Republic of Tanzania Upon signature: 'Subject to a further determination on ratification, the United Republic of Tanzania declares that the provisions of article 17 paragraph 11 shall not be construed as either restraining in any manner the rights and privileges of a coastal State as envisaged by the relevant provisions relating to the Economic Exclusive Zone of the Law of the Sea Convention, or, as according third parties rights other than those so recognized under the Convention. Yemen 12 Yemen 12 Upon signature: \[Yemen reserves its\] right to enter reservations in respect of such articles as it may see fit at a time subsequent to this signature. Belgium Belgium 27 December Belgium, member State of the European Community, attached to the principle of freedom of navigation, notably in the exclusive economic zone, considers that the declaration of Brazil concerning paragraph 11 of article 17, of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted at Vienna on 20 December , goes further than the rights accorded to coastal States by international law. Denmark Denmark 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. Finland Finland 25 April With regard to the reservations made by Lebanon: \[Same objection, mutatis mutandis , as the one made by France. France France 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. Greece Greece 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. Ireland Ireland 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. Italy Italy 27 December \[ Same objection , mutatis mutandis, as the one made by Belgium. Luxembourg Luxembourg 27 December \[Same objection, mutatis mutandis, as the one made by Belgium. Netherlands Kingdom of the Netherlands Kingdom of the 27 December \[ Same objection, mutatis mutandis, as the one made by Belgium. Portugal Portugal 27 December \[ Same objection, mutatis mutandis, as the one made by Belgium. Spain Spain 27 December \[ Same objection, mutatis mutandis, as the one made by Belgium. Sweden Sweden 7 March With regard to the reservations made by Lebanon upon accession: \[ Same objection , mutatis mutandis, as the one made by France. United States of America United States of America 23 October With regard to the reservations and declarations made by Colombia upon ratification: 'The Government of the United States of America understands the first reservation to exempt Colombia from the obligations imposed by article 3, paragraphs 6 and 9, and article 6 of the Convention only insofar as compliance with such obligations would prevent Colombia from abiding by article 35 of its Political Constitution regarding the extradition of Colombian nationals by birth , to the extent that the reservation is intended to apply other than to the extradition of Colombian nationals by birth, the Government of the United States objects to the reservation. Argentina Argentina 16 May Article 6 Extradition : Where a treaty exists, the requirements established therein should be met. Barbados Barbados 23 June ' China China 30 November 1. Cuba Cuba 23 July Article 6 Lic. Iceland Iceland 1 March ' Luxembourg Luxembourg 16 October Notifications pursuant to article 7 8 and 9 : Pursuant to article 7 8 , and as a replacement of the initial designation made at the time of the deposit of the instrument of ratification, the Government of the Grand Duchy of Luxembourg has designated the State Attorney General as the authority with the responsibility and power to execute requests for mutual legal assistance or to transmit them to the competent authorities for execution. Nicaragua Nicaragua 31 July Sweden Sweden 21 December The Government of Sweden notified the Secretary-General that, as from 1 October , the Ministry of Justice has been designated as the authority under the provisions of article 7 8 and article 17 7 of the Convention, instead of the Ministry for Foreign Affairs.
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