Euroopan neuvoston tietoverkkorikollisuutta koskeva yleissopimus
Convention on cybercrime
Konvention om IT-relaterad brottslighet
- Treaty type
- II Monenväliset sopimukset
- 6. Valtio
- 6.3. oikeudellinen yhteistyö, rikollisuuden torjuminen, huumeet
- Name of the Treaty Party
- EN
- Ministry of Responsibility
- Oikeusministeriö
- Entry into Force Information
- Treaty Depositary
- EN
- Date of Entry Into Force
- Date of Entry Into Force International
- Date of Entry Into Force International
- Signing
- Budapest
- Date Ratified
- R
Alankomaat
Sitoutumispäivä: R
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Varauma:
Alueellinen soveltaminen: Sovelletaan Euroopassa sijaitsevaan kuningaskuntaan. Article 24 In accordance with Article 24, paragraph 7, of the Convention, the authority designated by the Netherlands is: The Ministry of Justice Office of International Legal Assistance in Criminal Matters PO BOX 20301 2500 EH THE HAGUE Tel. +31 (0)70-3707911 Fax +31 (0)70-3707945 Article 27 In accordance with Article 27, paragraph 2.c, of the Convention, the central authority designated by the Netherlands is: Landelijk Parket van het openbaar ministerie (National office of the public prosecution service) Postbus 395 3000 AJ ROTTERDAM Tel. +31 (0)10-496-69-66 Fax +31 (0)10-484-69-78 Article 35 In accordance with Article 35 of the Convention, the point of contact designated by the Netherlands is: Landelijk Parket van het openbaar ministerie (National office of the public prosecution service) Postbus 395 3000 AJ ROTTERDAM Tel. +31 (0)10-496-69-66 Fax +31 (0)10-484-69-78 Article 38 In accordance with Article 38 of the Convention, the Kingdom of the Netherlands accepts the Convention for the Kingdom in Europe.
Albania
Sitoutumispäivä: R
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Article 24 In accordance with Article 24, paragraph 7, of the Convention, Albania declares that the name and address of the authorities responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty are : Ministry of Justice, Bulevardi Zog. I., Tirana National Central Office of Interpol, Bulevardi Deshmoret e Kombit, Tirana. Article 27 In accordance with Article 27, paragraph 2, of the Convention, Albania declares that the name and address of the central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution is: Ministry of Justice, Bulevardi Zog. I., Tirana Article 35 The 24/7 Network point of contact designated by Albania is the: Police of State Ministry of Interior Bulevardi Deshmoret e Kombit Tirana Albania
Andorra
Sitoutumispäivä: R
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Argentiina
Sitoutumispäivä: L
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Varauma:
In accordance with Article 43 of the Convention, the Argentine Republic withdraws its partial reservation to Article 9.1.e of the Convention on Cybercrime which read as follows: ???The Argentine Republic makes a partial reservation to Article 9.1.e of the Convention on Cybercrime and declares that it???s not transposable to its jurisdiction because, in accordance with the legislation in force until this date, this article is only applicable when the manifest purpose of the possession in question is the distribution or commercialisation (Article 128, second paragraph, of the Criminal Code).???
Armenia
Sitoutumispäivä: R
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Articles 24, 27, 35 In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35, paragraph 1, of the Convention on Cybercrime, the Republic of Armenia designated as the national point of contact for cooperation in combating cybercrime, available on a twenty-four hour, seven-day-a-week basis: Mr. Samvel Hovsepyan Police Major Deputy Head of 3rd division of the 1st department of the Main Department on Combat Against Organized Crime of the Police of the Republic of Armenia Tel: +(37410) 562718 Fax: + (37410) 578467 Email: cybercrime@police.am
Australia
Sitoutumispäivä: L
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Article 14 In accordance with Article 42 and Article 14, paragraph 3.a, of the Convention, Australia reserves the right to apply the measures referred to in Article 20 (Real-time collection of traffic data) only to offences that are punishable by imprisonment for at least 3 years and any other ???serious offences??? as defined under domestic law governing the collection and recording of traffic data in real time and the interception of content data. Under Australian law, domestic agencies may only gain access to traffic data collected and recorded in real time in relation to offences that are punishable by imprisonment for at least 3 years and other ???serious offences???. Domestic agencies may only gain access to intercepted content data in relation to ???serious offences???. Article 22 In accordance with Article 42 and Article 22, paragraph 2, of the Convention, Australia reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraph 1.b-d, to offences established in accordance with Article 7 (Computer-related forgery), Article 8 (Computer-related fraud) and Article 9 (Offences related to child pornography). The Parliament of the Commonwealth of Australia does not enjoy a plenary power to make laws establishing offences for computer-related forgery, computer-related fraud or offences related to child pornography. The Parliament of the Commonwealth of Australia has established offences for computer-related forgery, computer-related fraud and offences related to child pornography, committed on board ships flying Australian flags, on board aircraft registered under Australian law, or by Australian nationals outside Australia, where the offending conduct involves some subject matter with respect to which it has legislative power. In addition to those offences, the Australian States and Territories have also established offences in accordance with Articles 7, 8 and 9 when commited on their territory. In accordance with Article 42 and Article 22, paragraph 2, of the Convention, Australia further reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraphs 1.b-d, to offences established in accordance with Article 10 (Offences related to infringements of copyright and related rights). Autralian law does not presently provide jurisdiction over acts constituting infringements of copyright and related rights committed on board ships flying Australian flags, on board aircraft registered under Australian law, or by Australian nationals outside Australia. Articles 24, 27, 35 Article 24(7) - Australia???s Designated Competent Authority : International Crime Cooperation Central Authority Attorney-General???s Department 3-5 National Circuit Barton ACT 2600 Australia E-Mail: extradition@ag.gov.au Tel: + 61 2 6141 3244 Fax: + 61 2 6141 5457 Article 27(2) - Australia???s Designated Competent Authority : International Crime Cooperation Central Authority Attorney-General???s Department 3-5 National Circuit Barton ACT 2600 Australia E-Mail: mutualassistance@ag.gov.au Tel: + 61 2 6141 3244 Fax: + 61 2 6141 5457 Article 35 - 24/7 Network : AOCC Watchfloor Operations Australian Federal police GPO Box 401 Canberra ACT 2601 Australia E-Mail: AOCC-Watchfloor-Supervisor@afp.gov.au Tel: + 61 2 6126 7299 Fax: + 61 2 6126 7910
Azerbaidzhan
Sitoutumispäivä: R
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Reservation appended to the full powers handed to the Secretary General at the time of signature of the instument, on 30 June 2008 - Or. Engl. In accordance with Article 42 and Article 4, paragraph 2, of the Convention, the Republic of Azerbaijan declares that criminal liability occurs if the acts described in Article 4 of the Convention result in serious harm. The preceding statement concerns Article(s) : 4, 42 Reservation appended to the full powers handed to the Secretary General at the time of signature of the instument, on 30 June 2008 - Or. Engl. In relation to subparagraph "b" of paragraph 1 of Article 6 of the Convention, the Republic of Azerbaijan declares that when acts are not considered dangerous crimes for the general public, they will be evaluated not as criminal offences, but as punishable acts regarded as a breach of law. In case the deliberate perpetration of acts subject to the penalty risk which are not treated as dangerous crimes for the general public (action or inaction) generates a serious harm, then they are treated as crime. The preceding statement concerns Article(s) : 6 Reservation appended to the full powers handed to the Secretary General at the time of signature of the instument, on 30 June 2008 - Or. Engl. In relation to paragraph 3 of Article 6 of the Convention, the Republic of Azerbaijan appraises the acts indicated in paragraph 1 of Article 6 of the Convention not as criminal offences, but as punishable acts regarded as a breach of law in case these acts are not considered dangerous crimes for general public and stipulates that the given acts be subjected to criminal charge only at the event of incurrence of serious harm. The preceding statement concerns Article(s) : 6 Reservation appended to the full powers handed to the Secretary General at the time of signature of the instument, on 30 June 2008 - Or. Engl. In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the Republic of Azerbaijan reserves the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled. The preceding statement concerns Article(s) : 29, 42 Declaration appended to the full powers handed to the Secretary General at the time of signature of the instument, on 30 June 2008 - Or. Engl. According to subparagraph "a" of paragraph 7 of Article 24 of the Convention, in case of the absence of an extradition treaty, the Republic of Azerbaijan designates the Ministry of Justice as a responsible authority for receiving inquiries regarding extradition and temporary arrest. The preceding statement concerns Article(s) : 24 Declaration appended to the full powers handed to the Secretary General at the time of signature of the instument, on 30 June 2008 - Or. Engl. According to subparagraph "c" of paragraph 2 of Article 27 of the Convention, the Republic of Azerbaijan designates the Ministry of National Security as a responsible authority for sending and answering requests for mutual assistance and the execution of such requests. The preceding statement concerns Article(s) : 27 Declaration appended to the full powers handed to the Secretary General at the time of signature of the instument, on 30 June 2008 - Or. Engl. According to subparagraph "e" of paragraph 9 of Article 27 of the Convention, the Republic of Azerbaijan informs the Secretary General that, for reasons of efficiency, requests made under this paragraph are to be addressed to its central authority. The preceding statement concerns Article(s) : 27 Declaration appended to the full powers handed to the Secretary General at the time of signature of the instument, on 30 June 2008 - Or. Engl. According to paragraph 1 of Article 35 of the Convention, the Republic of Azerbaijan designates the Ministry of National Security as a point of contact available on a twenty-four hour, seven-day-a-week basis, in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or collection of evidence in electronic form of a criminal offence. The preceding statement concerns Article(s) : 35 Declaration appended to the full powers handed to the Secretary General at the time of signature of the instument, on 30 June 2008 - Or. Engl. According to Article 38 of the Convention, the Republic of Azerbaijan declares that the application of the provisions of the Convention in the territories of the Republic of Azerbaijan, which have been occupied by the Republic of Armenia, cannot be guaranteed unless these territories are freed from occupation. The preceding statement concerns Article(s) : 38
Belgia
Sitoutumispäivä: R
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Articles 22, 42 In accordance with Article 22 of the Convention, the Belgian Government reserves the possibility of applying Article 22.1.c of the Convention only if the following specific condition is fulfilled: Article 36 of the Law of 27 June 1937, relating to the regulation of air navigation, considers as committed in Belgium the offences committed on board a Belgian aircraft in flight. In accordance with Article 42 of the Convention, Belgium reserves the right to apply Article 22.1.d of the Convention to a Belgian national who is guilty of a criminal offence committed outside the territory of the Kingdom, only in cases where such an offence is considered to be a criminal offence according to Belgian law, and the offence is punished by the law of the country where it was committed, and the perpetrator is found in Belgium. Belgium reserves the right to institute proceedings, in cases where the victim of the offence is a foreigner, only upon a preliminary complaint from the victim, his or her family or an official notice from the authorities of the State where the offence was committed. Articles 2, 7 In accordance with Article 2 of the Convention, the Belgian Government declares that it will establish as criminal offences the conducts referred to in Article 2, in relation to ???internal hacking??? as provided for by Article 550bis, ??2 of the Penal Code, only when those conducts are committed with intent to defraud or to cause damage. In accordance with Article 7 of the Convention, the Belgian Government declares that it will establish as criminal offences the conducts provided for by Article 7 only when they are committed with fraudulent intent or intent to cause damage. Articles 24, 27, 35 In accordance with Article 24.7.a of the Convention, the Belgian Government declares that the authority responsible for making or receiving requests for extradition or provisional arrest, in the absence of a treaty, is: Service Public F??d??ral Justice Service de la coop??ration internationale p??nale Boulevard de Waterloo 115 1000 Bruxelles fax : +32(0)2/210.57.98 (until the end of 2012). In accordance with Article 27.2 of the Convention, the Belgian Government declares that the authority responsible for sending and answering requests for mutual assistance, and for the execution of such requests or their transmission to the authorities competent for their execution is: Service Public F??d??ral Justice Service de la coop??ration internationale p??nale Boulevard de Waterloo 115 1000 Bruxelles fax : +32(0)2/210.57.98 (until the end of 2012). In accordance with Article 35 of the Convention, the Belgian Government designates as a point of contact available on a twenty-four hour, seven-day-a-week basis, the following department: Tel: +32-2-743-73-84 24 hours a day, 7 days a week. Tel: +32-2-743-74-74 (Secretariat) Monitored during work hours. Fax: +32-2-733-56-16 Must phone prior to sending a fax. E-mail: Permanence@fccu.be 24 hours a day, 7 days a week (Must phone prior to sending an e-mail).
Bosnia-hertsegovina
Sitoutumispäivä: R
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Articles 24, 27 The Permanent Representation of Bosnia and Herzegovina declares that it will deposit the declaration by which the competent authorities for the purposes of the Convention on cybercrime will be designated, as soon as possible after the deposit of the instrument of ratification.
Bulgaria
Sitoutumispäivä: R
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Article 14 In accordance with Article 14, paragraph 3, of the Convention, the Republic of Bulgaria reserves the right to apply the measures referred to in Article 20 only to serious offences, as they are defined by the Bulgarian Criminal Code. Article 24 In accordance with Article 24, paragraph 7.a, of the Convention, the Republic of Bulgaria declares that it designates the Ministry of Justice as the Central Authority responsible for making or receiving requests for extradition, and the Supreme Cassation Prosecutor's Office as the Central Authority responsible for making and receiving requests for provisional arrest. Article 27 In accordance with Article 27, paragraph 2.c, of the Convention, the Republic of Bulgaria declares that it designates the following Central Authorities responsible for sending and answering requests for mutual assistance: - the Supreme Cassation Prosecutor's Office - in respect of requests for mutual assistance at the stage of pre-trial proceeding; - the Ministry of Justice - in respect of requests for mutual assistance at the stage of the trial. Article 35 In accordance with Article 35, paragraph 1, of the Convention, the Republic of Bulgaria declares that it designates the National Service for Combating Organized Crime under the Ministry of Interior to perform the functions of point of contact for the purpose of investigations concerning cybercrime.
Chile
Sitoutumispäivä: R
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The Republic of Chile declares that, in accordance with Article 4, paragraph 2, of the Convention on Cybercrime, it will establish as criminal offences under its domestic law, when committed intentionally, the damaging, deletion, deterioration, alteration or suppression of computer data without right, providing that this conduct results in serious harm. The Republic of Chile declares that, in accordance with Article 6, paragraph 3, of the Convention on Cybercrime, it will not apply paragraph 1 a) i) of the same Article insofar as it does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 a) ii) of said Article 6. The Republic of Chile declares that, in accordance with Article 9, paragraph 4, of the Convention on Cybercrime, it will not apply, paragraph 2, sub-paragraphs b and c of the same article. The Republic of Chile declares that, in accordance with Article 22, paragraph 2, of the Convention on Cybercrime, it will not apply the jurisdiction rules laid down in paragraph 1.b of the same article. The Republic of Chile, in respect of Article 29, paragraph 4, of the Convention on Cybercrime, reserves the right to refuse the request for international assistance in cases where the conduct is not defined under Chilean law at the time of the request. Correction on 3.7.2017: ???The Republic of Chile declares that, in accordance with Article 6, paragraph 3, of the Convention on Cybercrime, it will not apply paragraph 1 a) i) of the same Article insofar as it does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 a) ii) of said Article 6.??? should be replaced by ???The Republic of Chile declares that, in accordance with Article 6, paragraph 3, of the Convention on Cybercrime, it will not apply paragraph 1 of the same Article inasmuch as it does not affect the sale, distribution or otherwise making available of the items referred to in paragraph 1 a) ii) of said Article 6.??? In this regard, the Republic of Chile corrects the substantive error mentioned before, in such a manner that the new text replaces ab initio the erroneous one.
Costa rica
Sitoutumispäivä: L
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Regarding Article 10 of the Convention on Cybercrime, the Republic of Costa Rica interprets that it is understood that the use of copyright of literary or artistic works obtained through a computer system will not be punishable when its purpose is not for profit, to the extent required for illustration purposes for teaching, as long as the said use is done in accordance with proper use, and mention is made of the source and the name of the author, if this author appears in the source. Similarly, the reproduction and digital storage of literary or artistic works obtained by students and academic staff by computer means solely for illustration for teaching purposes shall not be punishable. Regarding Article 24 of the Convention on Cybercrime, the Republic of Costa Rica interprets that it is understood that it will not apply to extradition of Costa Rican nationals who are in the territory of Costa Rica. The Republic of Costa Rica indicates that, in conformity with the provisions of the Convention on Cybercrime in its Article 35, it designates the Judicial Authority as contact point to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence.
Dominikaaninen tasavalta
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Articles 24, 27 The Dominican competent authorities as provided for by Articles 24(7) and 27(2) of the Convention are: Procuradur??a General de la Rep??blica : Ave. Jin??nez Moya esq. Juan Ventura Sim??, Palacio de Justicia, Centro de los H??roes, Constanza, Maim??n y Estero Hondo, Santo Domingo, Distrito Nacional, Rep??blica Dominicana. Departamento de Investigaciones de Cr??menes y Delitos de Alta Tecnolog??a de la Polic??a Nacional (DICAT): Palacio de la Pol??cia, Ave. Leopoldo Navarro No. 402, Santo Domingo, Distrito Nacional, Rep??blica Dominicana. Article 35 The Dominican competent authority as provided for by Article 35 of the Convention is: Departamento de Investigaciones de Cr??menes y Delitos de Alta Tecnolog??a de la Polic??a Nacional (DICAT): Palacio de la Pol??cia, Ave. Leopoldo Navarro No. 402, Santo Domingo, Distrito Nacional, Rep??blica Dominicana.
Espanja
Sitoutumispäivä: R
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If the Convention were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration: 1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations. 2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends. 3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs. Articles 24, 27 In accordance with Articles 24 and 27 of the Convention, Spain declares that the central authority designated is the Sub-Directorate General for International Legal Cooperation of the Ministry of Justice. Article 35 In accordance with Article 35 of the Convention, Spain declares that the central authority designated is the : "Commissariat G?n?ral de la Police Judiciaire" Ministry of the Interior. [Note by the Secretariat : Detailed contact information are available on the restricted access part of the Convention Committee on Cybercrime's website on www.coe.int/tcy.]
Filippiinit
Sitoutumispäivä: L
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Georgia
Sitoutumispäivä: R
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Article 6 In accordance with Article 6, paragraph 3, of the Convention, Georgia declares that criminal liability for acts provided for by Article 6, paragraph 1(a), can be imposed where a device, including a computer program, is designed or can be adapted for the purpose of commiting acts under Articles 2 to 5 of the Convention. Article 24 In accordance with Article 24, paragraph 7, sub-paragraph a, of the Convention, Georgia declares that the central authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty is: Ministry of Justice of Georgia 24a Gorgasali str. Tbilisi 0114 - Georgia Tel: +995322405143 Fax: +995322405142 E-mail: international.psg@justice.gov.ge Article 27 In accordance with the Article 27, paragraph 2, sub-paragraph c, of the Convention, Georgia declares that the central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution is: Ministry of Justice of Georgia 24a Gorgasali str. Tbilisi 0114 - Georgia Tel: +995322405143 - Fax: +995322405142 E-mail: international.psg@justice.gov.ge Article 35 In accordance with Article 35, paragraph 1, of the Convention, Georgia designates the following as the national point of contact for cooperation in combating cybercrime, available on a 24/7 basis: Ministry of Internal Affairs of Georgia Criminal Police Department 10 G. Gulua str. Tbilisi 0114 - Georgia Tel: +995577526553 - +995577556841 fax: +995322746204 E-mail: cooperation@pol.ge [Note by the Secretariat : Detailed contact information are available on the restricted access part of the Convention Committee on Cybercrime's website on wwww.coe.int/tcy.] Articles 27, 40 In accordance with Article 40 and Article 27, paragraph 9, sub-paragraph e, of the Convention, Georgia declares that, for reasons of efficiency, requests for mutual assistance made under Article 27, paragraph 9, are to be adressed to its central authority.
Ghana
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The Ghanaian competent authority as provided for by Article 24 (7) of the Convention is: The Attorney-General???s Department Office of the Attorney-General and Ministry of Justice P.O. Box MB60, Accra E-mail: info@mojagd.gov.gh The Ghanaian competent authority as provided for by Article 27 (2) of the Convention is: The Attorney-General???s Department Office of the Attorney-General and Ministry of Justice P.O. Box MB60, Accra E-mail: info@mojagd.gov.gh The Ghanaian competent authorities as provided for by Article 27 (2) of the Convention are: The National Cyber Security Centre (NCSC) Abdoul Diouf Road Ridge - Accra E-mail: 247ghana@cybersecurity.gov.gh Ghana Emergency Command Centre Bureau of National Communications (BNC) National Security Council Secretariat Accra E-mail: 247@nsbnc.org Ghana Emergency Command Centre Bureau of National Communications (BNC) National Security Council Secretariat Accra E-mail: 247@nsbnc.org
Islanti
Sitoutumispäivä: R
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Article 9 Pursuant to Article 9, paragraph 4, of the Convention, Iceland reserves the right not to apply Article 9, paragraph 2, letters b and c, of the Convention. Article 24 In accordance with Article 24, paragraph 7, of the Convention, the Government of Iceland has designated the Ministry of Justice, Skuggasundi, 150 Reykjav?k, Iceland, as the authority responsible for the making or receipt of a request for extradition or provisional arrest in the absence of a treaty. Article 27 In accordance with Article 27, paragraph 2.c, of the Convention, the Government of Iceland has designated the Ministry of Justice, Skuggasundi, 150 Reykjav?k, Iceland, as the authority responsible for sending and answering requests for mutual assistance, the execution of such requests, or the transmission of them to the authorities competent for their execution. Article 35 In accordance with Article 35 of the Convention, the the Government of Iceland has designated the National Commissioner of the Icelandic Police (R?kisl?greglustj?rinn), Sk?lagata 21, 101 Reykjav?k, Iceland, as the point of contact available on a 24 hours, 7 days per week basis in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence.
Iso-britannia
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Article 9 In accordance with Article 9, paragraph 4, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right not to apply Article 9 (2) (b), which states that ?child pornography? includes ?a person appearing to be a minor engaged in sexually explicit conduct?, as this provision is incompatible with domestic law regarding indecent photographs of children. Article 22 In accordance with Article 22, paragraph 2, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right not to apply Article 22 (1) (d). The UK can extend extra-territorial jurisdiction over most of the offences in Articles 2-11, although not over fraud committed in Scotland, under specific circumstances. As there is no overarching arrangement that extends extra-territorial jurisdiction, the UK cannot say that it will apply in every case. Article 29 In accordance with Article 29, paragraph 4, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland reserves the right not to apply Article 29 where execution of the request for preservation requires the exercise of coercive powers and where dual criminality cannot be established. Article 24 In accordance with Article 24, paragraph 7.a, of the Convention, the Government of the United Kingdom declares that the authorities responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty are: Home Office Judicial Co-operation Unit 5th Floor, Fry building 2 Marsham Street London SW1P 4DF Scottish Government (when the person is believed to be in Scotland) Criminal Procedure Division St. Andrew?s House Regent Road Edinburgh EH1 3DG Article 27 In accordance with Article 27, paragraph 2.c, of the Convention, the Government of the United Kingdom declares that the competent authorities to which requests for mutual assistance should be made to the relevant Central Authority are: For matters related to England, Wales, and Northern Ireland: UK Central Authority Home Office 5th Floor Peel building 2 Marsham Street London SW1P 4DF For matters related to Scotland: International Co-operation Unit Argyle House C Floor 3 Lady Lawson Street Edinburgh EH3 9DR For matters related to indirect taxation: Law Enforcement & International Advisory Division HM Revenue and Customs ? Solicitor?s Office Room 2/74 100 Parliament Street London SW1A 2BQ Article 9 In accordance with Article 9, paragraph 4, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that it reserves the right not to apply Article 9 (2) (c), as Scotland has no offence covering a ?realistic? image which is not, and is not derived from, a photograph of a real person.
Israel
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Reservations and declarations contained in the instrument of accession and in a Note Verbale from the Permament Delegation of Israel to the council of Europe, deposited simultaneously on 9 May 2016 In accordance with Article 6, paragraph 3, and Article 42 of the Convention, the State of Israel reserves the right not to apply Article 6, paragraph 1, when the offence concerns procurement for use or import, as they refer to Article 6, paragraphs 1.a.i and 1.a.ii. In accordance with Article 6, paragraph 3, and Article 42 of the Convention, the State of Israel reserves the right not to apply Article 6, paragraph 1.b, regarding the possession of items designated in paragraph 1.a.ii. In accordance with Article 9, paragraph 4, and Article 42 of the Convention, for the purposes of Article 9, paragraphs 1.a and 1.e, the State of Israel reserves the right not to apply Article 9, paragraph 2.b. In accordance with Article 9, paragraph 4, and Article 42 of the Convention, the State of Israel reserves the right not to apply Article 9, paragraph 1.d. In accordance with Article 10, paragraph 3, and Article 42 of the Convention, the State of Israel reserves the right not to impose criminal liability broader than provided for in the TRIPS Agreement. In accordance with Article 14, paragraph 3, and Article 42 of the Convention, the State of Israel reserves the right to apply the measures referred to in Article 21 only to offences defined as felonies in the Israeli Penal Law 1977. In accordance with Article 22, paragraph 2, and Article 42 of the Convention, the State of Israel reserves the right not to apply Article 22, paragraph 1.d, unless the offence is punishable under criminal law in the country where it was committed, in accordance with the limits of dual criminality and with the approval of the Attorney General of Israel. In accordance with Article 29, paragraph 4, and Article 42 of the Convention, in respect of offences other than those established in accordance with Articles 2 through 11 of the Convention, the State of Israel reserves the right to refuse the request for preservation under Article 29 in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled. The Israeli competent authority, in accordance with Article 24, paragraph 7.a, of the Convention, responsible for making or receiving requests for extradition or provisional arrests in the absence of a treaty, is: Department of International Affairs, Israeli State attorney's office. The Ministry of Justice. Contact and Telephone Number: Tel: +972-2- 5419629 Fax: +972-2- 5419644 Email: dia@justice.gov.il The Israeli competent authority, in accordance with Article 27, paragraphs 2.a and c, of the Convention, responsible for sending and answering requests for mutual assistance, is: Legal Assistance to Foreign Countries department Office of the Legal Advisor, The Administration of Courts, Contact and Telephone Number: Liat Yassim. Adv. Tel: +972-2-6556938/19 Fax: +972-2-6556887 Email: laity@court.gov.il The Israeli competent authority, in accordance with Article 35, paragraph 1, of the Convention, designated as Point of contact available on a twenty-four-hour, seven-day-a-week basis, for provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer system and data, or for the collection of evidence in electronic form of criminal offence is: LAHAV 433 UNIT (National Unit), the Israel Police Contact and Telephone Number: Operation Desk Tel: +972-8-9545444/5/6 Fax: +972-8-9545580 E-Mail: cybercrime24x7@poIice.gov.il Head of the National Cybercrime Unit, Chief Superintendent Meir Hayun Tel: +972-8-9545060 Fax: +972-8-6476044 E-Mail: meirh@police.gov.il
Italia
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Articles 24, 27 In accordance with Article 24, paragraph 7, and Article 27, paragraph 2, of the Convention, the Italian Republic declares that the Minister of Justice of the Italian Republic is designated as the competent authority: Ministry of Justice Department for Affairs of Justice Directorate General of Criminal Justice Office II (International Judicial Cooperation) Viale Arenula 70 I - 00186 ROMA Tel: 0039.06.68.85.21.80 Fax: 0039.06.68.85.73.59 Email: ufficio2.dgpenale.dag@giustizia.it Article 35 In accordance with Article 35 of the Convention, the Italian Republic notifies that the point of contact is to be determined by the Minister of the Interior, in connection with the Minister of Justice.
Itävalta
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Article 29 Austria will, in accordance with Article 29, paragraph 4, of the Convention, refuse a request for mutual assistance to order the preservation of stored computer data, as provided for under Article 16 of the Convention, if the condition of dual criminality is not fulfilled; this does not apply to the offences established in accordance with Articles 2 through 11 of this Convention. Articles 24, 27 Austria declares that the following authority has been designated as responsible pursuant to Articles 24, paragraph 7, and 27, paragraph 2, of the Convention on Cybercrime: Bundesministerium f??r Justiz (Federal Ministry of Justice) Abt. IV 4 Internationale Strafsachen (International Criminal Matters) 1070 Wien, Museumstrasse 7 Tel.: +43 1 52 1 52-0 E-Mail: team.s@bmj.gv.at Article 35 Austria declares that the following authority has been designated as point of contact pursuant to Article 35 of the Convention: Bundesministerium f??r Inneres (Federal Ministry of the Interior) Bundeskriminalamt (Federal Criminal Police Office) B??ro 5.2 Cyber-Crime-Competence-Center Josef Holaubek Platz 1 1090 Wien Tel.: +43 1 51 2 56 22 [Note by the Secretariat : Detailed contact information are available on the restricted access part of the Convention Committee on Cybercrime's website on wwww.coe.int/tcy.]
Japani
Sitoutumispäivä: R
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Article 6 In accordance with Article 42 and Article 6 (Misuse of devices), paragraph 3 of the Convention, the Government of Japan reserves the right not to apply Article 6, paragraph 1, except for: (a) the offences set forth in Article 168-2 (Creation of electromagnetic record of unauthorised commands) or Article 168-3 (Obtainment of electromagnetic record of unauthorised commands) of the Penal code (Law No. 45, 1907); (b) the offences set forth in Article 4 (Prohibition of acts of unauthorised obtainment of another person???s identification code), Article 5 (Prohibition of acts of facilitating unauthorised computer access) or Article 6 (Prohibition of acts of unauthorised storage of another person???s identification code) of the Act on the Prohibition of Unauthorised Computer Access (Law No. 128, 1999). Article 9 In accordance with Article 42 and Article 9 (Offences related to child pornography), paragraph 4 of the Convention, the Government of Japan reserves the right not to apply Article 9, paragraph 1.d and e and paragraph 2.b and c, except for the offences set forth in Article 7 (Provision of child pornography and other related activities) of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (Law No. 52, 1999). Article 11 In accordance with Article 42 and Article 11 (Attempt and aiding or abetting), paragraph 3 of the Convention, the Government of Japan reserves the right not to apply Article 11, paragraph 2 to the offences established pursuant to Article 4, Article 5, Article 7 and Article 9, paragraph 1.a and c, except for the offences set forth in Article 168-2 (Creation of electromagnetic record of unauthorised commands) or Article 234-2 (Obstruction of business by damaging a computer) of the Penal Code. Article 22 In accordance with Article 42 and Article 22 (Jurisdiction), paragraph 2 of the Convention, the Government of Japan reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraph 1.d to the offences established pursuant to Article 6, paragraph 1.a.ii of the Convention as far as the offences set forth in Article 13 (Prohibition of acts of facilitating unauthorised computer access without knowing the purpose of unauthorised computer access of the obtainer) of the Act of Prohibition of Unauthorised Computer Access are concerned. Article 2 In accordance with Article 40 and Article 2 (Illegal access) of the Convention, the Government of Japan requires that the offences established pursuant to Article 2 be commited by infringing security measures and in relation to a computer system that is connected to another computer system. Article 3 In accordance with Article 40 and Article 3 (Illegal interception) of the Convention, the Government of Japan requires that the offences established pursuant to Article 3 be committed in relation to a computer system that is connected to another computer system, and that, in addition, be committed with dishonest intent as far as the offences set forth in Article 109-2 (Decoding the content of cipher communications) of the Radio Law (Law No. 131, 1950) are concerned. Article 29 In accordance with Article 42 and Article 29 (Expedited preservation of stored computer data), paragraph 4 of the Convention, the Government of Japan reserves the right to refuse the request for preservation under Article 29 in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled. Article 24 Pursuant to Article 24 (Extradition), paragraph 7.a of the Convention, the Government of Japan notifies that : The Minister for Foreign Affairs 2-2-1, Kasumigaseki Chiyoda-ku Tokyo 100-8919 is the authority responsible for making or receiving requests for extradition or provisional arrests in the absence of a treaty. Article 27 In accordance with Article 40 and Article 27 (Procedures pertaining to mutual assistance requests in the absence of applicable international agreements), paragraph 9.e of the Convention, for reasons of efficiency, requests made to the Government of Japan under the said paragraph are to be addressed to the central authorities of the Government of Japan. Article 27 Pursuant to Article 27 (Procedures pertaining to mutual assistance requests in the absence of applicable international agreements), paragraph 2.a and c of the Convention, the Government of Japan designates, a) as the authorities responsible for answering requests for mutual assistance : The Minister of Justice or the person designated by the Minister (Director of International Affairs Division) Criminal Affairs Bureau Ministry of Justice 1-1-1, Kasumigaseki Chiyoda-ku Tokyo 100-8977 b) as the authorities responsible for sending requests for mutual assistance : The Minister of Justice or the person designated by the Minister (Director of International Affairs Division) and The National Public Safety Commission or the person designated by the Commission (Director of International Investigative Operations Division) Organized Crime Department National Police Agency 2-1-2, Kasumigaseki Chiyoda-ku Tokyo 100-8974 Article 35 Pursuant to Article 35 (24/7 Network), paragraph 1 of the Convention, the Government of Japan designates as a point of contact available on a twenty-four hour, seven-day-a-week basis: The International Investigative Operations Division Organized Crime Department National Police Agency 2-1-2, Kasumigaseki Chiyoda-ku Tokyo 100-8974 Email: kokusou@npa.go.jp [Note by the Secretariat : Detailed contact information are available on the restricted access part of the Convention Committee on Cybercrime's website on wwww.coe.int/tcy.]
Kap verde
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Kolumbia
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COLOMBIA Reservation and declarations contained in the instrument of accession and in a Note verbale from the Embassy of Colombia in France, dated 10 March 2020, deposited simultaneously on 16 March 2020 In accordance with Article 14, paragraph 3, and with reference to Articles 20 and 21 of the Convention, Colombia reserves the right to apply the measures referred to in the aforementioned articles in accordance with its internal regulations in matters of personal data and protection of the right to privacy. In accordance with Article 24 of the Convention, Colombia designates as competent authority in matters of extradition the: Directorate of International Legal Affairs of the Ministry of Foreign Affairs of Colombia Palacio de San Carlos, Calle 10 # 5-51 Bogot?? D.C. Colombia Landline phone +571 3 814 000, extension 1058/1273. Email: alejandra.valencia@cancilleria.gov.co / jorge.martinez@cancilleria.gov.co In accordance with Article 27 of the Convention, Colombia designates the following authorities as responsible for mutual legal assistance: For mutual legal assistance during the investigation phase: Department of International Affairs of the General Prosecutor's Office Avenida Calle 24 No. 52-01 Edificio Gustavo de Greiff Piso 4. Bogot?? D.C. Colombia Landline +571 5702008 Email: d.asuntosinternacionales@fiscalia.gov.co For mutual legal assistance during the legalisation phase: Department of International Affairs of the Ministry of Justice and Law Mr. Horacio Torres Martines Calle 53 # 13-27 Piso 4, Bogot?? D.C. Colombia Landline telephone +571 4443100. In accordance with article 35 of the Convention, Colombia designates as the contact point 24 hours a day, seven days a week: National Police - Colombian Cybercrime Competence Center C4 Cybercrime Directorate Carrera 62 # 19-04 Interior 1 Bogot?? D.C. Colombia. Landline +571 5159727 / mobile + 57 320 294 86 47. Email: caivirtual@policia.gov.co / dijin.cecip-jef@policia.gov.co
Kreikka
Sitoutumispäivä: R
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In accordance with Article 42 and Article 14, paragraph 3, of the Convention, the Hellenic Republic reserves the right to apply the measures referred to in Article 20 (Real-time collection of traffic data) only to offences to which the measures referred to in Article 21 (interception of content data) apply. In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the Hellenic Republic reserves the right to refuse a request for preservation under Article 29 in cases where the condition of dual criminality is not fulfilled. The Hellenic Republic designates as the authority responsible under Article 24 and 27 of the Convention for making or receiving requests for extradition or provisional arrest in the absence of a treaty and for sending and answering requests for mutual assistance and for the execution of such requests or their transmission to the competent authorities, the following authority: Ministry of Justice, Transparency and Human Rights Directorate of Legislative Work, International Relations and International Judicial Co-operation Department of International Jjudicial Co-operation in Civil and Criminal Cases 96 Mesogeion Avenue Athens, 11527 Greece Telephone: +30 210 7767311-2 Fax: +30 210 7767499 E-mail: aeleftheriadou@justice.gov.gr kpapanikolaou@justice.gov.gr The Hellenic Republic designates as a point of contact available on a twenty-four hour, seven-daysa- week basis in accordance with Article 35 of the Convention: Hellenic Police Headquarters / Cyber-crime Division 173 Alexandras Avenue Athens, 11522 Greece Telephone: +30 210 647 6959 Fax : +30 210 699 1471 E-mail : ccu@cybercrimeunit.gov.gr
Kroatia
Sitoutumispäivä: R
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Varauma:
Articles 24, 27, 35 In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35, paragraph 1, of the Convention on Cybercrime, Croatia designates as the competent authorities for the purposes of the Convention : Articles 24 and 27: the Ministry of Justice, Dezmanova 6, 10 000 Zagreb. Article 35: the Ministry of Interior, Police - Directorate for crime police, Ilica 335, 10 000 Zagreb.
Kypros
Sitoutumispäivä: R
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Articles 24, 27, 35 The Government of the Republic of Cyprus designates as the authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty in accordance with Article 24 of the Convention, for requests in accordance with Article 27 of the Convention and as point of contact in accordance with Article 35 of the Convention, and in accordance with the provisions of section 17 of the Cybercrime Convention (Ratification) Law of 2004 (22(III)/2004) as from its entry into force (i.e. on 30 April 2004), the following authority : Ministry of Justice and Public Order Athalassas Av. 125 1461 NICOSIA Tel.: + 357 22 805928 Fax: +357 22 518328 Emails: emorphaki@mjpo.gov.cy registry@mjpo.gov.cy
Latvia
Sitoutumispäivä: R
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Article 22 In accordance with Article 22, paragraph 2, of the Convention, the Republic of Latvia reserves the right not to establish its jurisdiction over any offence established in accordance with Articles 2 through 11 of the Convention when the offence is committed by one of its nationals, if the offence is punishable under criminal law where it was committed. Article 29 In accordance with Article 29, paragraph 4, of the Convention, the Republic of Latvia reserves the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled. Article 24 In accordance with Article 24, paragraph 7.a, of the Convention, the Republic of Latvia declares that the authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty is : Prosecutor General Office Kalpaka Blvd. 6, Riga LV-1801, Latvia Phone: +371 7044400 - Fax: +371 7044449 E-mail: webmaster@lrp.gov.lv Article 27 In accordance with Article 27, paragraph 2.c, of the Convention, the Republic of Latvia declares that the authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution is: Ministry of Justice Brivibas Blvd. 36, Riga LV-1536, Latvia Phone: +371 7036801 - Fax: +371 7285575 E-mail: tm.kanceleja@tm.gov.lv Article 35 In accordance with Article 35, paragraph 1, of the Convention, the Republic of Latvia declares that the point of contact is : International Cooperation Department of Central Criminal Police Department of State Police Brivibas Str. 61, Riga LV-1010, Latvia Phone: +371 7075031 - Fax: +371 7075053 E-mail: kanc@vp.gov.lv
Liechtenstein
Sitoutumispäivä: R
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In accordance with Article 14, paragraph 3, of the Convention, Liechtenstein reserves the right to apply the measures referred to in Article 20 only to crimes and offences that are punishable by imprisonment for more than one year, as they are defined by the Liechtenstein Criminal Code. Liechtenstein will, in accordance with Article 29, paragraph 4, of the Convention, refuse a request for mutual assistance to order the preservation of stored computer data, as provided for under Article 16 of the Convention, if the condition of dual criminality is not fulfilled; this does not apply to the offences established in accordance with Articles 2 through 11 of this Convention. Liechtenstein declares that according to Article 24, paragraph 7, of the Convention, the member of Government responsible for the Ministry of Justice decides about sending and receiving requests for extradition or provisional arrest. In accordance with Article 27, paragraph 2, of the Convention, the Office of Justice is the authority responsible for sending and receiving legal requests for mutual assistance: Office of Justice of the Principality of Liechtenstein ??ulestrasse 70 Postfach 684 9490 Vaduz Principality of Liechtenstein Tel: +423 236 62 00 Fax: +423 236 75 81 E-Mail: info.aju@llv.li Liechtenstein declares that mutual assistance requests and annexed documents are, if they are not in German language, be accompanied by a translation into German or English. Liechtenstein declares that in case of emergency, within the context of Article 27, paragraph 9, of the Convention, the Office of Justice, ??ulestrasse 70, Postfach 684, 9490 Vaduz, is the central authority to which all requests to Liechtenstein for mutual assistance must be addressed. Liechtenstein declares that the following authority has been designated as point of contact pursuant to Article 35 of the Convention: International Police Cooperation Liechtenstein National Police 9490 Vaduz Principality of Liechtenstein Tel: +423 236 79 79 Fax: +423 236 79 70 E-Mail: ipk.lp@llv.li (unsecured) and ncb.vaduz@li.igcs.int (Interpol-secured) 24 hours a day, 7 days a week Alternative point of contact: Emergency Call and Dispatch Center of the National Police Tel: +423 236 71 11 24 hours a day, 7 days a week.
Liettua
Sitoutumispäivä: R
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Article 2 In accordance with Article 40 and Article 2 of the Convention, the Republic of Lithuania declares that criminal liability for the act described in Article 2 of the Convention occurs upon access to the whole or any part of a computer system without right by infringing security measures of a computer or a computer network. Article 27 Pursuant to Article 40 and Article 27, paragraph 9, sub-paragraph e, of the Convention, the Republic of Lithuania declares that, for reasons of efficiency, requests for mutual assistance made under Article 27, paragraph 9, are to be addressed to the above-designated central authorities. Article 4 In accordance with Article 42 and Article 4, pararaph 2, of the Convention, the Republic of Lithuania declares that criminal liability occurs if the acts described in Article 4 of the Convention result in serious harm. Article 29 In accordance with Article 42 and Article 29, pararaph 4, of the Convention, the Republic of Lithuania declares that it reserves the right to refuse to execute the request for preservation of the data in cases where there is reason to believe that at the time of disclosure the offence, on which the request for preservation of the data is based, is not considered as a crime by the laws of the Republic of Lithuania. Article 24 Pursuant to Article 24, paragraph 7, sub-paragraph a, of the Convention, the Republic of Lithuania declares that the Ministry of Justice and the General Prosecutor's Office of the Republic of Lithuania are designated as responsible authorities to perform the functions mentioned in Article 24, paragraph 7, sub-paragraph a. Article 27 Pursuant to Article 27, paragraph 2, sub-paragraph a, of the Convention, the Republic of Lithuania declares that the Ministry of Justice and the General Prosecutor's Office of the Republic of Lithuania are designated as central authorities to perform the functions mentioned in Article 27. Article 35 Pursuant to Article 35, paragraph 1, of the Convention, the Republic of Lithuania declares that the Police Department under the Ministry of the Interior of the Republic of Lithuania is designated as a competent authority to perform the functions mentioned in Article 35.
Makedonia
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Article 24 In accordance with Article 24, paragraph 7, sub-paragraph a, of the Convention, the Republic of Macedonia declares that the Ministry of Justice of the Republic of Macedonia is designated as responsible authority to perform the functions mentioned in Article 24, paragraph 7, sub-paragraph a. Article 27 In accordance with Article 27, paragraph 2, sub-paragraph a, of the Convention, the Republic of Macedonia declares that the Ministry of Justice of the Republic of Macedonia is designated as central autority to perform the functions mentioned in Article 27. Article 35 The 24/7 Network point of contact designated by the Republic of Macedonia is: Mr Marko ZVRLEVSKI Deputy Public Prosecutor Department for Fight against Crime and Corruption Office of Public Prosecutor ul. Krste Misirkov bb 1000 SKOPJE Mob phone : 0038970.397849 Email: office@zjorm.org.mk
Malta
Sitoutumispäivä: R
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Article 24 In accordance with Article 24, paragraph 7, of the Convention on Cybercrime, Malta designates as authority responsible for the making or receipt of a request for extradition or provisional arrest in the absence of a treaty: The Ministry for Justice Office of the Prime Minister Auberge de Castille Valletta VLT 2000 Malta Article 27 In accordance with the provisions of Article 27, paragraphs 2 and 9.e, of the Convention on Cybercrime, Malta designates as central authority: The Office of the Attorney General The Palace Valletta Malta Email: ag.mla@gov.mt Article 35 In accordance with the provisions of Article 35 of the Convention on Cybercrime, Malta declares that the contact point for the 24/7 network is: The Cybercrime Unit Malta Police Police General Headquarters Floriana Malta Phone: +356 22942231 (office hours) +356 21224001 (outside office hours) Fax: +356 22942236 Email : computer.crime@gov.mt [Note by the Secretariat : Detailed contact information are available on the restricted access part of the Convention Committee on Cybercrime's website on wwww.coe.int/tcy.]
Marokko
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Moldova
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Article 24 In accordance with Article 24, paragraph 7, sub-paragraph a, and with Article 27, paragraph 2, sub-paragraph c of the Convention, the Republic of Moldova declares that the following authorities are responsible for receiving and making requests for mutual assistance, extradition or provisional arrest: a) Office of the Prosecutor General - for the requests for mutual assistance, extradition or provisional arrest formulated in the phase of penal prosecution. Address: 26, Banulescu - Bodoni str., MD-2012 Chisinau, Republic of Moldova. Tel: (+37322) 221 470; Fax (+373 22) 212 032. b) Ministry of Justice - for the requests for mutual assistance, extradition or provisional arrest formulated in the judiciary phase of the execution of punishment. Address: 82, 31 August 1989 str., MD-2012 Chisinau, Republic of Moldova. Tel: (+37322) 234 795; Fax (+373 22) 234 797. Article 27 Pursuant to Article 27, paragraph 9, sub-paragraph e of the Convention, the Republic of Moldova declares that all the requests formulated in the phase of penal prosecution are to be addressed to the Office of the Prosecutor General, whilst those formulated in the judiciary phase or in the phase of the execution of punishment are to be addressed to the Ministry of Justice. Article 35 In accordance with Article 35, paragraph 1 of the Convention, Mr. Octavian BUSUIOC, Direction of Prevention and Combating of Cybernetic, Information and Transnational Offences of the Ministry of Internal Affairs, is designated as the point of contact responsible for ensuring immediate and permanent international co-operation in the field of combating cybercrime. Address: 14, Bucuriei str., MD-2004 Chisinau, Republic of Moldova. Tel: (+37322) 577 262; Fax (+373 22) 577 278. Article 38 In accordance with Article 38, paragraph 1 of the Convention, the Republic of Moldova specifies that the provisions of the Convention will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.
Monaco
Sitoutumispäivä: R
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Varauma:
Monaco communicates the following precisions regarding the point of contact available on a twenty-four hour, seven-day-a-week basis, in accordance with Article 35 of the Convention on Cybercrime: Description of the point of contact: INTERPOL Office Judicial Police Division Information to be communicated by foreign judicial authorities: Qualification of the offence (ex. terrorism, organised crime, fraud, moral or personal offences, invasion of privacy) and judicial framework (ex. preliminary investigation, reference to prosecuting authorities or investigating Judge, international investigation with international letters rogatory). Other information susceptible to favour the cooperation: Precisely specify technical information, logs and any e-mail address, internet link relevant to the current investigation. Monaco communicates the following precisions regarding the point of contact available on a twenty-four hour, seven-day-a-week basis, in accordance with Article 35 of the Convention on Cybercrime: Description of the point of contact: INTERPOL Office Judicial Police Division Information to be communicated by foreign judicial authorities: Qualification of the offence (ex. terrorism, organised crime, fraud, moral or personal offences, invasion of privacy) and judicial framework (ex. preliminary investigation, reference to prosecuting authorities or investigating Judge, international investigation with international letters rogatory). Other information susceptible to favour the cooperation: Precisely specify technical information, logs and any e-mail address, internet link relevant to the current investigation.
Montenegro
Sitoutumispäivä: R
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Article 9 In accordance with Article 9, paragraph 4, and with regard to Article 9, paragraph 1, item e, of the Convention, Montenegro declares that obtaining child pornography through computer systems for oneself and other persons and possession of child pornography in computer systems or on mediums for storage of computer data shall not be considered offences in case the person displayed in these materials turned fourteen years of age and gave his/her consent. In accordance with Article 9, paragraph 4, and with regard to Article 9, paragraph 2, item b, of the Convention, Montenegro declares that materials which visually display face by which it can be concluded that the person is a minor engaged in an explicit act as stated in Article 9, paragraph 2, item b, of this Convention shall not be considered child pornography. Articles 14. 20 In accordance with Article 14, paragraph 3, and with regard to Article 20, of the Convention, Montenegro declares that measures from Article 20 of the Convention shall be applied solely on the basis of the decision of a competent Montenegrin court, if it is necessary for conducting a criminal procedure or for reasons of safety in Montenegro. Article 24 In accordance with Article 24, paragraph 7, of the Convention, Montenegro declares that the authority responsible for making and receiving requests for extradition in the absence of an agreement is the Ministry of Justice of Montenegro, address: Vuka Karadzica 3, 81 000 Podgorica, while the authority responsible for making and receiving requests for provisional arrest in the absence of an agreement is the NCB Interpol in Podgorica, address: Bulevar Svetog Petra Cetinjskog 22, 81 000 Podgorica. Article 27 In accordance with Article 27, paragraph 2, of the Convention, Montenegro declares that the central authority designated for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution in the absence of an agreement is the Ministry of Justice of Montenegro, address: Vuka Karadzica 3, 81 000 Podgorica.
Nigeria
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Reservations and declarations contained in a Note verbale from the Ministry of Foreign Affairs of Nigeria, supplementing the instrument of ratification deposited on 6 July 2022 Reservations Pursuant to Articles 10 and 42 of the Convention, Nigeria reserves the right to impose other effective remedies in lieu of criminal liability under Article 10, paragraphs 1 and 2, to the extent the criminalization of such infringements is not required pursuant to the obligations Nigeria has undertaken under the agreements referenced in paragraphs 1 and 2. In accordance with Article 14, paragraph 3, and Article 42 of the Convention, Nigeria reserves the right to apply the measures referred to in Articles 20 to 21 only on the basis of religious offences or the decision of a competent court, if it is necessary for conducting a criminal investigation or for reasons of safety in Nigeria. In accordance with Article 29, paragraph 4, of the Convention, Nigeria reserves the right not to apply Article 29 where execution of the request for preservation requires the exercise of coercive powers and where dual criminality cannot be established. Pursuant to Articles 41 and 42 of the convention, Nigeria reserves the right to assume obligations under Chapter II of the Convention in a manner consistent with its fundamental principles of federalism. Declarations Pursuant to Article 24, paragraph 7, and Article 27, paragraph 2, of the Convention, the designated Nigerian competent authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution and extradition is: Central Authority Unit, Office of the Honourable Attorney General of the Federation and Minister of Justice, 71B, Shehu Shagari Way, Maitama, Abuja, Nigeria. Tel: +234 91 68343708, +234 91 68343709 E-mail: cau.cybercrime@justice.gov.ng Pursuant to Article 35 to the Convention, the Nigerian competent authorities designated as the point of contact available on a twenty-for hour, seven-day-a-week basis to ensure the provision of immediate i. Nigeria Police Force ??? National Cybercrime Center, Force Criminal Investigation Department Nigeria Police Force Headquarters Abuja, Nigeria Tel: +234 91 68343710 - +234 91 68343711 Email: 247poc.npfnccc@npf.gov.ng ii. Cybercrime Prosecution Unit, Office of the Honourable Attorney General of the Federation and Minister of Justice, 71B, Shehu Shagari Way, Maitama, Abuja, Nigeria. Tel: +234 91 68343706, +234 91 68343707 E-mail: cybercrime.247poc@justice.gov.ng assistance under the Convention are:
Norja
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Article 6 Pursuant to Article 6, paragraph 3, of the Convention, the Government of the Kingdom of Norway reserves the right not to apply Article 6, paragraph 1.a.i, of the Convention. Article 14 Pursuant to Article 14, paragraph 3, of the Convention, the Government of the Kingdom of Norway, reserves the right not to apply the measures referred to in Article 20 - Real-time collection of traffic data, in cases of less serious offences. Clarification of what is meant by "less serious offences" Pursuant to Article 14, paragraph 3, the Parties may reserve the right to apply the measures set out in Article 20 only to offences or categories of offences specified in the reservation. It is indicated in the Norwegian reservation, that Norway does not wish to allow the collection of traffic data in real time in connection with minor offences. Section 216b of the Norwegian Criminal Procedure Act provides for the collection of traffic data in cases where there is just cause for suspecting a person of having committed an offence, or of having attempted to commit an offence, that is punishable by imprisonment for a term of five years or more, or of having contravened specific penal provisions. The use of various types of communication control and other privacy-invasive coercive measures is primarily restricted to cases involving serious offences, where serious offences are defined as carrying a penalty of five or more years' imprisonment. Clarification of the relationship between the reservation and the application of Articles 20 and 21 in Norwegian law The right to apply the measures referred to in Article 20 only to offences specified in the reservation is conditional on the range of offences to which Article 20 is applied not being more restricted than the range of offences to which the measures referred to in Article 21 apply. The condition set out in Article 14 must be interpreted to mean that the range of offences for which traffic data may be collected in real time must not be more restricted than the range of offences for which interception of content data is permitted. Article 21 (Interception of content data) is governed in Norwegian law by section 216a of the Criminal Procedure Act, and Article 20 by section 216b of the Criminal Procedure Act. Section 216a has a prescribed penalty limit of ten or more years' imprisonment, while section 216b has a prescribed penalty limit of five years' imprisonment. This means that section 216a applies to a narrower range of offences than section 216b, and the condition of Article 14 is thus fulfilled. Norway is therefore entitled to enter a reservation in accordance with Article 14. Article 29 Pursuant to Article 29, paragraph 4, of the Convention, the Government of the Kingdom of Norway reserves the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled. Article 24 In accordance with Article 24 of the Convention, the Norwegian authority responsible for making or receiving requests for extradition is The Royal Ministry of Justice and the Police, P.O. Box 8005, N-0030 OSLO. Articles 27, 35 In accordance with Article 27 of the Convention, the Norwegian authority designated is the National Criminal Investigation Service (KRIPOS). Direct telephone number for 24/7 (The High Tech Crime Division) contact is: + 47 23 20 88 88.
Paraguay
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Voimaantulopäivä:
Peru
Sitoutumispäivä: L
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Varauma:
RESERVATIONS ACCORDING TO ARTICLE 42 OF THE CONVENTION In accordance with Article 6, paragraph 3, of the Convention on Cybercrime, the Republic of Peru reserves the right not to apply Article 6, paragraph 1, sub-paragraph (b) of the Convention. In accordance with Article 9, paragraph 4, of the Convention on Cybercrime, the Republic of Peru considers that the protected legal property in the national law with respect to child pornography is the freedom and/or sexual indemnity of a minor, based on which it makes a reservation to paragraph 2, sub-paragraphs b) and c) because the conducts referred to in such provisions does not involve the participation of a minor In accordance with Article 29, paragraph 4, of the Convention on Cybercrime, the Republic of Peru reserves the right to refuse the request for preservation under this article in case where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled. AUTORITIES The Republic of Peru declares that the following authority has been designated as responsible pursuant to Article 24, paragraph 7, Article 27, paragraph 2 and Article 35 of the Convention on Cybercrime: Unidad de Cooperaci??n Judicial Internacional y Extraditiones del Ministerio P??blico Head: Dra. Celia Esther Goicohea Ruiz ??? E-mail cgoicochea@mpfn.gob.pe Alternative representative: Dra. Angela Olivia Ar??valo V??squez ??? E-mail aarevalo@mpfn.gob.pe Telephone: +511 428 4349 Address: Avenida Abancay cuadra 5 s/n, piso 9, Cercando de Lima ??? Peru
Portugali
Sitoutumispäivä: R
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Varauma:
Article 24 In accordance with Article 24, paragraph 7a, of the Convention, Portugal declares that in those cases in which the Convention on Extradition or other bilateral or multilateral instruments on extradition are not applicable, the authority responsible for making or receiving requests for extradition or provisional arrest is the Procuradoria-Geral da Rep?blica (Rua da Escola Polit?cnica, 140 - 1269-269 Lisboa, Portugal). Article 27 In accordance with Article 27, paragraph 2c, of the Convention, Portugal declares that, in the absence of applicable international agreements, the authority responsible for sending and answering requests for mutual legal assistance is the Procuradoria-Geral da Rep?blica (Rua da Escola Polit?cnica, 140 - 1269-269 Lisboa, Portugal). Article 24 In accordance with Article 24, paragraph 5, of the Convention, the Portuguese Republic declares that it shall not grant extradition of persons who: a) are to be trialled by an exceptional court or who are to serve a sentence passed by such a court; b) it has been proved will be subject to a trial which affords no legal guarantees of criminal proceedings complying with the conditions internationally recognised as essential to the protection of human rights, or will serve their sentences in inhuman conditions; c) are being demanded in connection with an offence punishable with a lifetime sentence or a lifetime detention order. The Portuguese Republic shall grant extradition only for crimes punishable with penalty of deprivation of liberty superior to one year. The Portuguese Republic shall not grant extradition of Portuguese nationals. Portugal shall not grant extradition for offences punishable with the death penalty under the law of the requesting State. Portugal shall authorise transit through its national territory only in respect of persons whose circumstances are such that their extradition may be granted. Article 35 In accordance with Article 35, paragraph 1, of the Convention, Portugal designates as point of contact for the network 24/7 the Policia Judici?ria (Rua Gomes Freire, 174 - 1169-007 Lisboa, Portugal; telephone (+351) 218 641 000, fax (+351) 213 304 260).
Ranska
Sitoutumispäivä: R
Voimaantulopäivä:
Varauma:
Article 21 In accordance with Article 21 of the Convention, France shall apply the provisions contained in Article 21 only if the prosecuted offence is punished with a deprivation of liberty superior or equal to two years of custody. Article 27 In accordance with Article 27 of the Convention, France declares that, even in cases of urgency : - requests for mutual assistance from the French judiciary authorities and directed to foreign judiciary authorities are transmitted through the Ministry of Justice (Minist?re de la Justice, 13, Place Vend?me, 75042 Paris Cedex 01); - requests for mutual assistance from foreign judiciary authorities and directed to the French judiciary authorities are transmitted through diplomatic channel (Minist?re des Affaires ?trang?res, 37, Quai d'Orsay, 75700 Paris 07 SP). Article 9 In accordance with Article 9, paragraph 2.b, of the Convention, France shall apply Article 9, paragraph 1, to any pornographic material that visually depicts a person appearing to be a minor engaged in sexually explicit conduct, in so far as it is not proved that the said person was 18 years old on the day of the fixing or the registering of his or her image. Article 22 In accordance with Article 22 of the Convention, France reserves itself the right not to establish jurisdiction when the offence is committed outside the territorial jurisdiction of any State. France declares also that, whenever the offence is punishable under criminal law where it has been committed, proceedings shall be instituted only upon request from the public prosecutor and must be preceded by a complaint from the victim or his/her beneficiaries or by an official complaint from the authorities of the State where the act was committed (Article 22, paragraph1.d). Article 24 In accordance with Article 24 of the Convention, France declares that : - the Ministry for Foreign Affairs is the authority responsible for making or receiving requests for extradition in the absence of a treaty (Minist?re des Affaires ?trang?res, 37, Quai d'Orsay, 75700 Paris 07 SP); - the territorially competent State Prosecutor shall be the authority responsible for making or receiving requests for provisional arrest in the absence of a treaty. Article 35 In accordance with Article 35 of the Convention, France designates as point of contact the "Office central de lutte contre la criminalit? li?e aux technologies de l'information et de la communication" (11, Rue des Saussaies, 75800 Paris).
Romania
Sitoutumispäivä: R
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Varauma:
Article 24 In accordance with Article 24, paragraph 7.a, of the Convention, Romania declares that the central authority responsible for making or receiving requests for extradition or provisional arrest is the Ministry of Justice (address: Str. Apollodor nr. 17, sector 5, Bucuresti). Article 27 In accordance with Article 27, paragraph 2.c, of the Convention, Romania declares that the central authorities responsible for sending and answering requests for mutual assistance are : a) the Prosecutor's Office to the High Court of Cassation and Justice for the requests of judicial assistance formulated in pre-trial investigation (address: Blvd. Libertatii nr. 12-14, sector 5, Bucuresti); b) the Ministry of Justice for the requests of judicial assistance formulated during the trial or execution of punishment. Article 35 In accordance with Article 35, paragraph 1, of the Convention, Romania declares that the point of contact designated to ensure the immediate and permanent international co-operation in the field of combating cybercrime is the Service of Combating Cybercrime within the Section for Combating Organised Crime and Drugs Trafficking to the High Court of Cassation and Justice (address: Blvd. Libertatii nr. 12-14, sector 5, Bucuresti).
Ruotsi
Sitoutumispäivä: R
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Varauma:
Reservations and declarations contained in the instrument of ratification deposited on 28 April 2021 In accordance with Article 14, paragraph 3.a, of the Convention, Sweden declares that it reserves the right to apply real time collection of traffic data only to offences and categories of offences specified in Chapter 27, Section 19, third paragraph of the Swedish Code of Judicial Procedure. In accordance with Article 14, paragraph 3.b, of the Convention, Sweden declares that it reserves the right to apply real time collection of traffic data and interception of content data to communications being transmitted within a computer system of a service provider, which system is being operated for the benefit of a closed group of users, and does not employ public communications networks and is not connected with another computer system. In accordance with Article 29, paragraph 4, of the Convention, Sweden declares that it reserves the right to refuse a request for mutual assistance with preservation of stored computer data in cases where there is reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled. In accordance with Article 24, paragraph 7.a, of the Convention, Sweden designates as the authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty: Ministry of Justice Division for Criminal Cases and International Judicial Co-operation Central Authority SE-103 33 STOCKHOLM SWEDEN In accordance with Article 27, paragraph 2, of the Convention, Sweden designates as the central authority for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution: Ministry of Justice Division for Criminal Cases and International Judicial Co-operation Central Authority SE-103 33 STOCKHOLM SWEDEN
Saksa
Sitoutumispäivä: R
Voimaantulopäivä:
Varauma:
Articles 2, 40, 7 In accordance with Article 40 of the Convention, the Federal Republic of Germany declares that it avails itself of the possibility of requiring that, (a) according to Article 2, second sentence, the additional element of commission by infringing security measures be included as an element of the offence of data espionage, which has been established under German law in section 202a of the Criminal Code pursuant to Article 2, first sentence, and (b) according to Article 7, second sentence, the additional element of an "intent to defraud, or similar dishonest intent" that takes the form of deception in legal transactions be included as an element of the offence of falsification of legally relevant data, which has been established under German law in section 269 of the Criminal Code pursuant to Article 7, first sentence. Article 42 The Federal Republic of Germany declares that it avails itself of Article 42 of the Convention to the extent that (a) Article 6, paragraph 1.a.i, as relates to "devices", and sub-paragraph b shall not be applied, (b) the attempt to commit the acts specified under Article 3 shall not be established as criminal offence under national law, and (c) requests for expedited preservation of stored data under Article 29 may be refused on the ground that dual criminality is not given, provided there is reason to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled, unless the offence in question is an offence established pursuant to Articles 2 to 11. Article 24 In accordance with Article 24, paragraph 7, sub-paragraph a, of the Convention, the Federal Republic of Germany declares that the central authority responsible for making or receiving requests for extradition or provisional arrest is the Federal Foreign Office (address: Ausw?rtiges Amt, Werderscher Markt 1, 10117 Berlin). Article 35 In accordance with Article 35, paragraph 1, of the Convention, the Federal Republic of Germany declares that the point of contact designated to fulfil the functions specified in this article is the National High Tech Crime Unit at the Federal Criminal Police Office (address: Thaerstr. 11, 65193 Wiesbaden, phone: 49-611-551-3101, fax: 49-611-554-5100, mail: so43auswertung@bka.bund.de (for non-emergency use only), nhtcu@bka.de (for emergency use only). Article 27 In accordance with Article 27, paragraph 2.a, of the Convention, the Federal Republic of Germany declares that the central authority responsible for mutual assistance requests in the absence of applicable international agreements is the Ministry of Foreign Affairs (address: Werderscher Markt 1, 10117 Berlin)
San marino
Sitoutumispäivä: R
Voimaantulopäivä:
Senegal
Sitoutumispäivä: L
Voimaantulopäivä:
Serbia
Sitoutumispäivä: R
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Varauma:
Articles 24, 27, 35 The Republic of Serbia will designate its central authorities under Articles 24, 27 and 35 of the Convention on Cybercrime as soon as possible after the deposit of its instrument of ratification.
Slovakia
Sitoutumispäivä: R
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Articles 2, 40 In accordance with Article 40 of the Convention, the Slovak Republic declares that it avails itself of the possibility to require additional element within the meaning of Article 2 of the Convention, and for a criminal liability of illegal access it requires that the offence be committed by infringing security measures, with the intent of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system. Articles 29, 42 In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the Slovak Republic avails itself of the right to refuse the request for preservation in cases where it has reasons to believe that the time of disclosure the condition of dual criminality cannot be fulfilled. Articles 4, 42 In accordance with Article 42 and Article 4, paragraph 2, of the Convention, the Slovak Republic avails itself of the right to require for the criminal liability of the conduct referred to in Article 4, paragraph 1, that it results in serious harm. Article 24 In accordance with Article 24, paragraph 7.a, of the Convention, the Slovak Republic declares that the Ministry of Justice of the Slovak Republic (Zupn?? n??mestie 13, 81311 Bratislava) is designated as the authority responsible for making and receiving requests for extradition. The competent authority for receiving requests for provisional arrest is the competent prosecutor of the Regional Prosecutor's Office and the Ministry of Justice of the Slovak Republic. The competent authority for making requests for provisional arrest is the Ministry of Justice of the Slovak Republic and the court competent for issuing an international arrest warrant. Article 27 In accordance with Article 27, paragraph 2.a, of the Convention, the Slovak Republic declares that the central authorities are the Ministry of Justice of the Slovak Republic (Zupn?? n??mestie 13, 81311 Bratislava) and the General Prosecutor's Office (St??rova 2, 81285 Bratislava). Article 35 In accordance with Article 35 of the Convention, the Slovak Republic notifies that the point of contact is the Presidium of the Police Forces, International Police Cooperation Office, National Central Bureau of Interpol (Vajnorsk?? 25, 81272 Bratislava). 10.9.2020 Updating of contact information: Ministry of Justice of the Slovak Republic Ra??ianska 71 81311 Bratislava Slovakia ************************************* Withdrawal of a reservation and amendments to declarations transmitted by the Permanent Representation of the Slovak Republic and registered by the Secretariat General on 30 April 2021 In accordance with Article 43, paragraph 1, of the Convention, the Slovak Republic withdraws its reservation to Article 4, paragraph 2, of the Convention made upon ratification of the Convention, on 8 January 2008. In accordance with Article 35 of the Convention, the Slovak Republic declares that the designated point of contact for the purposes of this article is: Presidium of the Police Force Criminal Police Office Cybercrime Department Ra??ianska 45 812 72 Bratislava Slovak Republic In accordance with Article 40 of the Convention, the Slovak Republic declares that it avails itself of the possibility to require additional element within the meaning of Article 2 of the Convention, and for a criminal liability of illegal access it requires that the offence be committed by infringing security measures. ----- Note by the Secretariat: The reservation to Article 4 and the original declaration related to Article 2 read as follows: ???In accordance with Article 42 and Article 4, paragraph 2, of the Convention, the Slovak Republic avails itself of the right to require for the criminal liability of the conduct referred to in Article 4, paragraph 1, that it results in serious harm. In accordance with Article 40 of the Convention, the Slovak Republic declares that it avails itself of the possibility to require additional element within the meaning of Article 2 of the Convention, and for a criminal liability of illegal access it requires that the offence be committed by infringing security measures, with the intent of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system.???
Slovenia
Sitoutumispäivä: R
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Article 24 In accordance with Article 24, paragraph 7, of the Convention, the Republic of Slovenia declares that: - the Ministry of Foreign Affairs is the authority responsible for making or receiving requests for extradition in the absence of a treaty : Ministry of Foreign Affairs of the Republic of Slovenia Presernova 25 SI - 1000 Ljubljana Tel. +386 1 478 2000 - the Ministry of the Interior, Criminal Investigation Police Directorate, International Police Cooperation Section is the authority responsible for making or receiving requests for provisional arrests in the absence of a treaty : Ministry of the Interior Criminal Investigation Police Directorate International Police Cooperation Section Tel. +386 1 428 4780 Fax +386 1 251 75 16 Mobile phone (officer on duty): +386 41 713 680 ; +386 41 713 699 Email : interpol.ljubljana@policija.si Article 27 In accordance with Article 27, paragraph 2, of the Convention, the Republic of Slovenia designates the Ministry of Justice as the central authority responsible for sending and answering requests for mutual assistance : Ministry of Justice Zupanciceva 3 SI - 1000 Ljubljana Article 35 In accordance with Article 35 of the Convention, the Republic of Slovenia designates as point of contact available on a twenty-four hours, seven-day-week-basis, the Ministry of the Interior, Criminal Investigation Police Directorate, International Police Cooperation Section: Ministry of the Interior Criminal Investigation Police Directorate International Police Cooperation Section Tel. +386 1 428 4780 Fax +386 1 251 75 16 Mobile phone (officer on duty): +386 41 713 680 ; +386 41 713 699 Email : interpol.ljubljana@policija.si
Sveitsi
Sitoutumispäivä: R
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Articles 2, 40 Switzerland declares that it will apply Article 2 to the extent that the offence is committed by infringing safety measures. Articles 3, 40 Switzerland declares that it will apply Article 3 insofar as the offence is committed with intent to unjust enrichment. Articles 40, 7 Switzerland declares that it will apply Article 7 only to the extent that the offence is committed with a view to providing a benefit to oneself or a third party or causing damages. Articles 40, 9 In accordance with Article 9, paragraph 3, of the Convention, Switzerland declares that, within the context of Article 9, paragraph 2, it understands by the term "minor" any person under the age of sixteen. Articles 42, 6 In accordance with Article 6, paragraph 3, of the Convention, Switzerland reserves the right to apply Article 6, paragraph 1, only when the offence concerns the sale, distribution or any other provision of the items referred to in Article 6, paragraph 1 a.ii. Articles 42, 9 In accordance with Article 9, paragraph 4, of the Convention, Switzerland reserves the right not to apply Article 9 (2) (b). Articles 14, 42 In accordance with Article 14, paragraph 3, of the Convention, Switzerland reserves the right to apply the measures referred to in Article 20 to crimes and offences under the Criminal Code. Articles 29, 42 In accordance with Article 29, paragraph 4, of the Convention, Switzerland reserves the right to subject to the condition referred to in Article 29, paragraph 4, the execution of any letters rogatory requiring the application of any coercive measure. Article 24 In accordance with Article 24, paragraph 7 of the Convention, the Federal Office of Justice, the Federal Department of Justice and Police, 3003 Berne, is the competent authority, for Switzerland, for sending and receiving requests for extradition or provisional arrest. Article 27 In accordance with Article 27, paragraph 2, of the Convention, the Federal Office of Justice, in the Federal Department of Justice and Police, 3003 Berne, is the authority responsible for sending and receiving legal requests for mutual assistance. Switzerland declares that in case of emergency, within the context of Article 27, paragraph 9, of the Convention, the Federal Office of Justice and Police, 3003 Berne, is the central authority to which all requests to Switzerland for mutual assistance must be addressed. Article 35 In accordance with Article 35 of the Convention, the Federal Office of Justice, in the Federal Department of Justice and Police, 3003 Berne, is the point of contact available on a 24 hours a day, seven days a week basis.
Tanska
Sitoutumispäivä: R
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Varauma:
Alueellinen soveltaminen: Ei sovelleta Färsaariin eik? Grönlantiin. Article 9 In accordance with Article 9, paragraph 4, of the Convention, the Government of the Kingdom of Denmark declares that the criminal area according to Article 9 shall not comprehend the possession of obscene pictures of a person attained the age of fifteen, if the person concerned has given his or her consent to the possession, cf. Article 9, paragraph 1, letter e. In accordance with Article 9, paragraph 4, of the Convention, the Government of the Kingdom of Denmark declares that the criminal area according to Article 9 shall not comprehend visual representations of a person appearing to be a minor engaged in sexually explicit conduct, cf. Article 9, paragraph 2, letter b. Article 14 In accordance with Article 14, paragraph 3, letter a,of the Convention, the Government of the Kingdom of Denmark declares that Denmark will only apply article 20 concerning monitoring of traffic data to the extent where in accordance with Article 21 there is an obligation to empower the competent authorities to monitor content data, in relation to inquiries of serious crimes, as defined by national law. Article 38 Pursuant to Article 38 of the Convention, Denmark declares that, until further notice, the Convention will not apply to the Feroe Islands and Greenland. Article 24 In accordance with Article 24, paragraph 7, of the Convention, the Government of the Kingdom of Denmark has designated the Ministry of Justice, Slotsholmsgade 10, DK-1216 Copenhagen K, Denmark, as competent authority. Article 27 In accordance with Article 27, paragraph 2, of the Convention, the Government of the Kingdom of Denmark has designated the Ministry of Justice, Slotsholmsgade 10, DK-1216 Copenhagen K, Denmark, as competent authority. Article 35 In accordance with Article 35, paragraph 1, of the Convention, the Government of the Kingdom of Denmark has designated the Danish National Police, Police Department, Polititorvet 14, DK-1780 Copenhagen V, Denmark, as competent authority.
Tshekki
Sitoutumispäivä: R
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Varauma:
Articles 29, 42 In accordance with Article 29, paragraph 4, and Article 42 of the Convention, the Czech Republic reserves the right to refuse a request for preservation under Article 29 of the Convention in cases where it has reasons to believe that condition of dual criminality in relation to other criminal acts than those specified under Articles 2 to 11 of the Convention, cannot be fulfilled to execute mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the data. Articles 2, 40 In accordance with Article 2 and Article 40 of the Convention, the Czech Republic declares that criminal liability for acts described in Article 2 of the Convention occurs upon infringing security measures in order to gain unauthorised access to the whole or any part of a computer system. Article 27 In accordance with Article 27, paragraph 9(e), of the Convention, the Czech Republic declares that for reasons of efficiency, requests made under this paragraph are to be addressed to its central authorities. Article 24 In accordance with Article 24, paragraph 7(a), of the Convention, the authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty is the Ministry of Justice of the Czech Republic (Vy??ehradsk?? 16, 128 10 Prague 2) Article 27 In accordance with Article 27, paragraph 2(a), of the Convention, the central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution is the Supreme Prosecutor???s Office of the Czech Republic for requests originating from pre-trial proceedings and the Ministry of Justice of the Czech Republic for other requests: Supreme Prosecutor???s Office of the Czech Republic Jezuitsk?? 4 660 55 Brno Czech Republic Phone: +420 542 512 330 Fax: +420 542 512 350 E-mail: podatelna@nsz.brn.justice.cz Ministry of Justice of the Czech Republic Vy??ehradsk?? 16 128 10 Prague 2 Czech Republic Phone: +420 221 997 435 Fax: +420 221 997 986 E-mail: mot@msp.justice.cz Article 35 In accordance with Article 35 of the Convention, the following authority is designated as the contact point: Police Presidium of the Czech Republic Bureau of Criminal Police and Investigation Service Information Technology Crime Section Strojnick?? 27 P.O. Box 62/KPV 170 89 Prague 7 Czech Republic Contact in working hours (7:30 ??? 15:30): Phone: + 420 974 834 550 Mobile: +420 603 190 057 Fax: +420 974 834 708 E-mail: contact@mvcr.cz Contact outside working hours (24/7 service): Phone: +420 974 834 380 Fax: +420 974 834 716 E-mail: contact@mvcr.cz
Ukraina
Sitoutumispäivä: R
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Varauma:
Article 6 Ukraine reserves the right not to apply paragraph 1 of Article 6 of the Convention concerning the establishment of criminal liability for the production, procurement for use and otherwise making available for use of the objects designated in subparagraph 1.a.i., and also the production and procurement for use of the objects designated in subparagraph 1.a.ii of Article 6 of the Convention. Article 9 Ukraine reserves the right not to apply to the full extent subparagraphs 1.d and 1.e of Article 9 of the Convention. Article 24 In accordance with Article 24, subparagraph 7.a, of the Convention, Ukraine declares that the authorities empowered to perform the functions mentioned in paragraph 7 of Article 24 of the Convention shall be the Ministry of Justice of Ukraine (concerning court's inquiries) and the General Prosecutor's Office of Ukraine (concerning inquiries of bodies of prejudicial inquiry). Article 27 In accordance with Article 27, subparagraph 2.c, of the Convention, Ukraine declares that the authorities responsible for sending requests for mutual assistance, answering them, their execution or their transfer to the empowered authorities shall be the Ministry of Justice of Ukraine (concerning courts' commission) and the General Prosecutor's Office of Ukraine (concerning commissions of bodies of prejudicial inquiry).
Unkari
Sitoutumispäivä: R
Voimaantulopäivä:
Varauma:
Article 27 In accordance with Article 27, paragraph 9, sub-paragraph e, the Republic of Hungary informs that, for reasons of efficiency, requests made under this paragraph are to be addressed to its central authority, due to practical reasons. Article 9 In accordance with Article 9, paragraph 4, the Republic of Hungary reserves the right not to apply Article 9, paragraph 2, sub-paragraph b. Article 24 In accordance with Article 24, paragraph 7, sub-paragraph a, of the Convention, the Republic of Hungary communicates that the Ministry of Justice is responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty. The National Central Bureau of Interpol is only responsible for making or receiving requests for provisional arrest. Article 27 In accordance with Article 27, paragraph 2, sub-paragraphs a and c, the Republic of Hungary communicates that, regarding requests delivered before starting the criminal procedure, the designated central authority is: . the Hungarian National Police International Implementing Co-operation Centre Budapest, Teve u. 4-6 1139 - Hungary Regarding requests delivered after starting the criminal procedure, the designated central authority is: . the General Prosecutor's Office of the Republic of Hungary Budapest, Mark? u. 4-6 1055 - Hungary Article 35 In accordance with Article 35, the Republic of Hungary communicates that the designated point of contact available on a twenty-four hour, seven-day-a-week basis is the Hungarian National Police International Implementing Co-operation Centre.
Viro
Sitoutumispäivä: R
Voimaantulopäivä:
Varauma:
Article 24 Pursuant to Article 24, paragraph 7, subparagraph a, of the Convention, the Republic of Estonia designates the Ministry of Justice, in the absence of an extradition treaty, as the authority responsible for making or receiving requests for extradition or provisional arrest. Article 27 Pursuant to Article 27, paragraph 2, subparagraph c, of the Convention, the Republic of Estonia designates the Ministry of Justice as the central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution. Article 35 Pursuant to Article 27, paragraph 2, subparagraph c, of the Convention, the Republic of Estonia designates the Ministry of Justice as the central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution.
Yhdysvallat
Sitoutumispäivä: R
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Varauma:
Article 2 The United States of America declares, pursuant to Articles 2 and 40, that under United States law, the offenses set forth in Article 2 ("Illegal access") includes an additional requirement of intent to obtain computer data. Article 6 The United States of America declares, pursuant to Articles 6 and 40, that under United States law, the offense set forth in paragraph (1) (b) of Article 6 ("Misuse of devices") includes a requirement that a minimum number of items be possessed. The minimum number shall be the same as that provided for by applicable United States federal law. Article 7 The United States of America declares, pursuant to Articles 7 and 40, that under United States law, the offense set forth in Article 7 ("Computer-related forgery") includes a requirement of intent to defraud. Article 27 The United States of America declares, pursuant to Articles 27 and 40, that requests made to the United States under paragraph 9(e) of Article 27 ("Procedures pertaining to mutual assistance requests in the absence of applicable international agreements") are to be addressed to its central authority for mutual assistance. Article 4 The United States of America, pursuant to Articles 4 and 42 of the Convention, reserves the right to require that the conduct result in serious harm, which shall be determined in accordance with applicable United States federal law. Article 6 The United States of America, pursuant to Articles 6 and 42 of the Convention, reserves the right not to apply paragraphs (1) (a) (i) and (1) (b) of Article 6 ("Misuses of devices") with respect to devices designed or adapted primarily for the purpose of committing the offenses established in Article 4 ("Data interference") and Article 5 ("System interference"). Article 9 The United States of America, pursuant to Articles 9 and 42 of the Convention, reserves the right to apply paragraphs (2) (b) and (c) of Article 9 only to the extent consistent with the Constitution of the United States as interpreted by the United States and as provided for under its federal law, which includes, for example, crimes of distribution of material considered to be obscene under applicable United States standards. Article 10 The United States of America, pursuant to Articles 10 and 42 of the Convention, reserves the right to impose other effective remedies in lieu of criminal liability under paragraphs 1 and 2 of Article 10 ("Offenses related to infringement of copyright and related rights") with respect to infringements of certain rental rights to the extent the criminalisation of such infringements is not required pursuant to the obligations the United States has undertaken under the agreements referenced in paragraphs 1 and 2. Article 22 The United States of America, pursuant to Articles 22 and 42 of the Convention, reserves the right not to apply in part paragraphs (1) (b), (c) and (d) of Article 22 ("Jurisdiction"). The United States does not provide for plenary jurisdiction over offenses that are committed outside its territory by its citizen or on board ships flying its flag or aircraft registered under its laws. However, United States law does provide for jurisdiction over a number of offenses to be established under the Convention that are committed abroad by United States nationals in circumstances implicating particular federal interests, as well as over a number of such offenses committed on board United States-flagged ships or aircraft registered under United States law. Accordingly, the United States will implement paragraphs (1) (b), (c) and (d) to the extent provided for under its federal law. Article 41 The United States of America, pursuant to Articles 41 and 42 of the Convention, reserves the right to assume obligations under Chapter II of the Convention in a manner consistent with its fundamental principles of federalism. Article 24 Pursuant to Article 24, paragraph 7, of the Convention, the United States of America is not designating an authority responsible for extradition or provisional arrest in the absence of a treaty, as the United States will continue to rely on bilateral extradition treaties, and the authority responsible for making or receiving extradition requests on behalf of the United States is set forth in the applicable bilateral extradition treaties. Article 27 Pursuant to Article 27, paragraph 2, of the Convention, the Office of International Affairs, United States Department of Justice, Criminal Division, Washington, D.C., 20530, is designated as the central authority of the United States of America for mutual assistance under the Convention. Article 35 Pursuant to Article 35, paragraph 1, of the Convention, the Computer Crime and Intellectual Property Section, United States Department of Justice, Criminal Division, Washington, D.C., 20530, is designated as the point of contact available on a twenty-four hour, seven-day-a-week basis to ensure the provision of immediate assistance under the Convention. Contact Information for the Computer Crime and Intellectual Property Section is given below :24/7 Contact: United States of America Contact and Telephone Number: Computer Crime and Intellectual Property Section (CCIPS) U.S. Department of Justice, Washington, DC Tel: +1-202-514-1026 / Monday - Friday 0900 - 1800 hrs Tel: +1-202-353-5216 / Mon - Fri after hours, Saturdays, Sundays, holidays Tel: +1-202-514-6113 / Always on, but only monitored Monday - Friday 0900 - 1800 hrs Description of Contact CCIPS is a section of the Criminal Division of the U.S. Department of Justice that has 40 lawyers with responsibilities for combating cybercrime and theft of intellectual property, and with expertise in obtaining electronic evidence. Many CCIPS lawyers also have expertise in international assistance. CCIPS has "duty attorneys" available 24-hours a day, 7 days a week to respond to urgent requests for assistance. Language Capabilities of the Contact : English What To Say When Calling Contact Number : During business hours, call +1-202-514-1026. Tell the receptionist (1) that you have "a cybercrime 24-7 request"; (2) from what country you are calling; and (3) that you want to be connected to "a duty attorney". After business hours and on Saturdays, Sundays and holidays, call +1-202-353-5216. Your call will be connected directly to a duty attorney. Fax Information : +1-202-514-6113. This fax machine operates 24 hours a day, 7 days a week, but faxes sent outside of normal working hours will not receive attention until the next business day. Time Zone : UTC/GMT -05:00 (Daylight Savings Time : +01:00)