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网络犯罪公约

丹麦
Declarations dated September 28, 2005 and updated August 1, 2018:
1. "In accordance with Article 24, paragraph 7, of the Convention, the Government of the Kingdom of Denmark has designated as competent authority:
the Rigsadvokaten (Director of Public Prosecution), Frederiksholms Kanal 16, DK-1220 Copenhagen K, Denmark, Tel: + 45 72 68 90 00, Fax: + 45 72 68 90 04, E-mail: rigsadvokaten@ankl.dk."
2. "In accordance with Article 27, paragraph 2, of the Convention, the Government of the Kingdom of Denmark has designated as competent authority:
the Rigsadvokaten (Director of Public Prosecution), Frederiksholms Kanal 16, DK-1220 Copenhagen K, Denmark, Tel: + 45 72 68 90 00, Fax: + 45 72 68 90 04, E-mail: rigsadvokaten@ankl.dk."
Declaration dated September 28, 2005:
"In accordance with Article 35, paragraph 1, of the Convention, the Government of the Kingdom of Denmark has designated as competent authority:
The Danish National Police, Police Department, Polititorvet 14, DK-1780 Copenhagen V, Denmark"
Reservations made upon ratification:
1. "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."
2. "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."
3. "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."
乌克兰
Declaration dated 12 October 2015:
The Ministry of Foreign Affairs of Ukraine presents its compliments to the Secretary General of the Council of Europe, as the Depositary of the European Convention on Information on Foreign Law of 7 June 1968, the Additional Protocol to the European Convention on Information on Foreign Law of 15 March 1978, the European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of 30 November 1964, the Convention on the Transfer of Sentenced Persons of 21 March 1983, the Additional Protocol to the Convention on the Transfer of Sentenced Persons of 18 December 1997, the European Convention on the Transfer of Proceedings in Criminal Matters of 15 May 1972, the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 17 March 1978, the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001, the European Convention on Extradition of 13 December 1957, the Additional Protocol to the European Convention on Extradition of 15 October 1975, the Second Additional Protocol to the European Convention on Extradition of 17 March 1978, the European Convention on the Suppression of Terrorism of 27 January 1977, the Protocol amending the European Convention on the Suppression of Terrorism of 15 May 2003, the Council of Europe Convention on the Prevention of Terrorism of 16 May 2005, the European Convention on the International Validity of Criminal Judgments of 28 May 1970, the Convention on Cybercrime of 23 November 2001, the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems of 28 January 2003, the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings of 16 May 2005, the European Convention on the Exercise of Children's Rights of 25 January 1996, the Convention on Contact concerning Children of 15 May 2003, the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007, the Convention on the Establishment of a Scheme of Registration of Wills of 16 May 1972, the Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 31 January 1995, the Criminal Law Convention on Corruption of 27 January 1999, the Additional Protocol to the Criminal Law Convention on Corruption of 15 May 2003 (hereinafter referred to as the «Conventions, Protocols, Agreement» respectively), and has the honour to inform of the following.
Declaration dated 12 October 2015: (continued)
In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.
Declarations made upon ratification:
1. "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)."
2. "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)."
Reservations made upon ratification:
1. "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."
2. "Ukraine reserves the right not to apply to the full extent subparagraphs 1.d and 1.e of Article 9 of the Convention."
Declaration dated 18 April 2022: The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour to convey hereby, on behalf of the Government of Ukraine, the list of international treaties concerning international cooperation within the Council of Europe, signed/ratified by Ukraine, as well as to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine. - European Convention on Information on Foreign Law (ETS No. 62) - Additional Protocol to the European Convention on Information on Foreign Law (ETS No. 97) - Convention on the Transfer of Sentenced Persons (ETS No. 112) - Additional Protocol to the Convention on the Transfer of Sentenced Persons (ETS No. 167) - European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73) - European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders (ETS No. 51) - Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141) - European Convention on Extradition (ETS No. 24) - Additional Protocol to the European Convention on Extradition (ETS No. 86) - Second Additional Protocol to the European Convention on Extradition (ETS No. 98) - Third Additional Protocol to the European Convention on Extradition (CETS No. 209) - Fourth Additional Protocol to the European Convention on Extradition (CETS No. 212) - European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) - Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 99) - Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 182) - European Convention on the Suppression of Terrorism (ETS No. 90) - European Convention on the International Validity of Criminal Judgments (ETS No. 70) - Convention on Cybercrime (ETS No. 185) - Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189) - Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) - Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (entry in force 01.07.2017) (CETS No. 217) - Council of Europe Convention against Trafficking in Human Beings (CETS No. 197) - Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198) - European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82) - European Convention on the Exercise of Children's Rights (ETS No. 160)
Declaration dated 18 April 2022: (continued) - Convention on Contact concerning Children (ETS No. 192) - Convention on the Establishment of a Scheme of Registration of Wills (ETS No. 77) - European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (ETS No. 105) - European Convention on the Legal Status of Children born out of Wedlock (ETS No. 85) - Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (ETS No. 156) - Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201) - European Convention on the Adoption of Children (Revised) (CETS No. 202) - Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (CETS No. 211) - Criminal Law Convention on Corruption (ETS No. 173) - Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191) - Civil Law Convention on Corruption (ETS No. 174) - European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92).
亚美尼亚
Declaration dated July 16, 2008, confirmed on October 10, 2008 and updated on June 20, 2010:
"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:
National Contact Point (NCP), Main Department of Struggle Against Organised Crime (MDSAOC) of the Police of the Republic of Armenia, 130, Nalbandyan str., Yerevan, 0025, Republic of Armenia, Email: cybercrime@police.am"
以色列
Reservations made upon accession:
1. "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."
2. "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."
3. "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."
4. "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."
5. "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."
6. "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."
Declarations made upon accession:
1. "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"
2. "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"
3. "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"
佛得角
Declaration made upon accession:
"In accordance with Article 24, 27 and 35 of the Convention, the Republic of Cabo Verde designates the following authorities mainly responsible for making or receiving requests for extradition or for mutual assistance with another State Party:
Central authority:
Attorney General's Office, Central Department of Cooperation and Compared Law, Postal Code No. 268, Cidade da Praia, Santiago Island, Cabo Verde
Telephone: (+238) 261 68 08, Fax: (+238) 261 68 84, E-mail: Autoridade.Central@prg.gov.cv, Website: http://www.ministeriopublico.cv/
Point of contact 24/7 network:
International Cooperation Office of the National Direction of Criminal Police, Postal Code No. 324, Achada Grande, Cidade da Praia, Santiago Island, Cabo Verde and Central Department of Cooperation and Compared Law, Postal Code No. 268, Cidade da Praia, Santiago Island, Cabo Verde"
保加利亚
Declaration dated September 9, 2005 and updated on June 21, 2010:
"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:
Computer crimes and intellectual property division
Chief Directorate "Combating Organized Crime"
Ministry of Interior of the Republic of Bulgaria."
Declarations dated September 9, 2005:
1. "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."
2. "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."
Reservation made upon ratification:
"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."
克罗地亚
Declaration dated January 8, 2009 and updated on June 30, 2010:
"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, Dežmanova 6, 10 000 Zagreb.
Article 35:
The Ministry of Interior, General Police Directorate, Criminal Police Directorate, National Police Office for Suppression of Corruption and Organised Crime, Department for Economic Crime and Corruption, Ilica 335, 10 000 Zagreb, Republic of Croatia, Internet: http://www.mup.hr"
冰岛
Declarations made upon ratification:
1. "In accordance with Article 24, paragraph 7, of the Convention, the Government of Iceland has designated the Ministry of Justice, Skuggasundi, 150 Reykjavík, Iceland, as the authority responsible for the making or receipt of a request for extradition or provisional arrest in the absence of a treaty."
2. "In accordance with Article 27, paragraph 2.c, of the Convention, the Government of Iceland has designated the Ministry of Justice, Skuggasundi, 150 Reykjavík, 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."
3. "In accordance with Article 35 of the Convention, the the Government of Iceland has designated 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:
National Commissioner of the Icelandic Police (Ríkislögreglustjórinn), Skúlagata 21, 101 Reykjavík, Iceland."
列支敦士登
Reservations made upon ratification:
1. 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.
2. 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.
Declarations made upon ratification:
1. 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.
2. 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, Äulestrasse 70 Postfach 684 9490 Vaduz, Principality of Liechtenstein, Tel: +423 236 62 00, Fax: +423 236 75 81, E-Mail: info.aju@llv.li
3. Liechtenstein declares that in case of emergency, within the context of Article 27, paragraph 9, of the Convention, the Office of Justice, Äulestrasse 70, Postfach 684, 9490 Vaduz, is the central authority to which all requests to Liechtenstein for mutual assistance must be addressed.
4. 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.
Declaration made upon ratification:
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.
加拿大
Reservations made upon ratification:
1. "In accordance with Article 10, paragraph 3 and Article 42 of the Convention, Canada reserves the right not to impose criminal liability under paragraphs 1 and 2 of Article 10 since effective remedies, such as civil remedies, are available under Canadian law."
2. "In accordance with Article 22, paragraph 2 and Article 42 of the Convention, Canada reserves the right not to exert its jurisdiction in relation to its nationals who commit offences established in accordance with the Convention outside its territorial jurisdiction."
Declarations made upon ratification:
1. "In accordance with Articles 2 and 40 of the Convention, Canada will require that the offence be committed with dishonest intent."
2. "In accordance with Articles 3 and 40 of the Convention, Canada will require that the offence be committed with dishonest intent."
3. "In accordance with Articles 27 and 40 of the Convention, Canada declares that all requests for mutual assistance be addressed to its central authority."
4. "For the purpose of Articles 24, 27 and 40 of the Convention, Canada designates as its central authority for extradition and mutual assistance, the International Assistance Group of the Department of Justice.
International Assistance Group, Department of Justice
284 Wellington Street, Ottawa, Ontario, Canada K1A 0H8, Tel: (613) 957-4832, Fax: (613) 957-8412, Email: Cdncentralauthority@justice.gc.ca"
5. "In accordance with Article 35 of the Convention, Canada designates the Royal Canadian Mounted Police as its point of contact that is available on a twenty-four hour, seven day-a-week basis.
Royal Canadian Mounted Police, National Operations Centre (NOC), Ottawa, ON, Tel: 1-613-993-4460, Fax: 1-613-993-0260, Email: TechCrimeBranch-OPSMailbox@rcmp-grc.gc.ca"
加纳
Declarations made upon accession:
1. "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"
2. "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"
3. "The Ghanaian competent authorities as provided for by Article 35 of the Convention are:
The National Cyber Security Centre (NCSC), Abdoul Diouf Road, Ridge - Accra
Ghana Emergency Command Centre, Bureau of National Communications (BNC), National Security Council Secretariat, Accra"
匈牙利
Declarations made upon ratification:
1. "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."
2. "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."
3. "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, Markó u. 4-6, 1055 – Hungary"
4. "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, Budapest, Teve u. 4-6, 1139 – Hungary."
Reservation made upon ratification:
"In accordance with Article 9, paragraph 4, the Republic of Hungary reserves the right not to apply Article 9, paragraph 2, sub-paragraph b."
北马其顿
Declaration dated October 12, 2006:
"The 24/7 Network point of contact designated by the Republic of Macedonia is:
The Deputy Public Prosecutor, Department for Fight against Crime and Corruption, Office of Public Prosecutor, ul. Krste Misirkov bb, 1000 SKOPJE, Email: office@zjorm.org.mk"
Declarations dated October 7, 2004:
1. "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."
2. "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."
卢森堡
Declarations made upon ratification:
1. "Article 24 – Extradition:
The Minister of Justice, 13, rue Erasme, Administrative Center Pierre Werner, L-2934 Luxembourg"
2. "Article 27 - Mutual assistance requests:
The Prosecutor's Office of the Grand Duchy of Luxembourg, Cité Judiciaire, Buildings CR and BC, L-2080 Luxembourg"
3. "Article 35 - 24/7 Network:
Prosecutor's Office of the district Court of Luxembourg, Cité Judiciaire, Building PL, L-2080 Luxembourg.
Permanence Prosecutor's Office:
Week-days: 9:00 – 17:00: direct line: +352 – 47 40 76, Week-days: 17:00 – 9:00: Police central 113, who will notify the magistrate on duty, Week-end and bank holiday: 113, E-Mail of the competent substitute for cybercrime: gilles.hermann@justice.etat.lu"
哥伦比亚
Reservation made upon accession:
"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."
Declarations made upon accession:
1. "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, Bogotá D.C., Colombia."
2. "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., Bogotá D.C., Colombia.
For mutual legal assistance during the legalisation phase:
Department of International Affairs of the Ministry of Justice and Law, Calle 53 # 13-27 Piso 4, Bogotá D.C., Colombia."
3. "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, Bogotá D.C., Colombia."
哥斯达黎加
Declaration made upon accession and updated April 2, 2018:
"In accordance with the provisions of Articles 24 and 27 of the Convention on Cybercrime, the authority designated by the Republic of Costa Rica is as follows:
Authority: Oficina de Asesoría Técnica y Relaciones Internacionales, Fiscalía General de la República
Ministerio de Público de Costa Rica
Address: Republic of Costa Rica, province of San José, Avenue 6 y 8, streets 13 y 15, Barrio Gonzales Lahmann, First judicial circuit of San José, Building of Courts of Justice, second floor, Zip code: 80-1003
Telephones: +506 2295-3449, +506 2295-3458, Fax: +506 2223-2602, Email: oatri-mp@poder-judicial.go.cr"
Declarations made upon accession:
1. "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."
2. "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."
3. "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."
喀麦隆
Declaration made upon accession: "Pursuant to Articles 24, 27 and 35 of the Convention, the Government of the Republic of Cameroon declares that: - The Ministry of Justice and the Ministry of External Relations are the authorities responsible for extradition (Art. 24); - The Ministry of Justice and the Ministry of External Relations are the authorities responsible for requests for mutual assistance (Art. 27); - The Ministry of External Relations and the Ministry of Post and Telecommunications are the point of contact 24/7 (Art. 35)."
土耳其
Declarations made upon ratification:
1. "In accordance with Article 40 and Article 2 of the Convention, the Republic of Turkey declares that it requires that the offences be commited by infringing security measures, with the intention of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system."
2. "In accordance with Article 40 and Article 7 of the Convention, the Republic of Turkey declares that the offence set forth in Article 7 regarding computer-related forgery requires an intent to defraud or similar dishonest intent under Turkish Law."
3. "In accordance with Article 24, paragraph 7(a), of the Convention, the Republic of Turkey designates the Ministry of Justice as the authority responsible for making or receiving requests for extradition or provisional arrest, in the absence of an extradition treaty."
4. "In accordance with Article 27, paragraph 2(c), of the Convention, the Republic of Turkey 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."
5. "In accordance with Article 35, paragraph 1, of the Convention, the Republic of Turkey designates as point of contact available on a twenty-four hour, seven-days-a-week basis:
Turkish National Police, Department of Cybercrime, Kιzιlιrmak Mah. Anadolu Bulvarι 2185.Sk. No: 14, 06520 Söǧütözü-Çankaya / ANKARA, siber@egm.gov.tr"
Reservations made upon ratification:
1. "In accordance with Article 42 and Article 14, paragraph 3(b), of the Convention, the Repubic of Turkey reserves the right not to apply the measures referred in Article 20 and Article 21 to communications being transmitted within a computer system if the system is being operated for the benefit of a closed groupe of users and does not employ public communications networks and is not connected with any other public or private computer system."
2. "In accordance with Article 42 and Article 22 of the Convention, the Repubic of Turkey reserves the right to establish jurisdiction within the scope of Article 11 and 13 of the Turkish Criminal Law when the offence is committed by a Turkish national outside its sovereign territory."
3. "In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the Republic of Turkey reserves the right to decline the request for preservation of data under this article in cases where it has reasons to believe that at the time of the disclosure of stored computer data the condition of dual criminality cannot be fulfilled."
圣马力诺
Declarations made upon ratification:
1. "Pursuant to paragraph 7 of Article 24 of the Convention, the Republic of San Marino hereby declares that the Authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty is:
Segreteria di Stato per la Giustizia (Ministry of Justice), Palazzo Begni, Contrada Omerelli, 31, 47890 San Marino Città (RSM), Email: segreteria.giustizia@gov.sm"
2. "Pursuant to paragraph 2 of Article 27 of the Convention, the Republic of San Marino hereby 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:
Segreteria di Stato per gli Affari Esteri (Ministry of Foreign Affairs), Palazzo Begni, Contrada Omerelli, 31, 47890 San Marino Città (RSM), Email: segreteria.esteri@gov.sm"
3. "In accordance with paragraph 1 of Article 35 of the Convention, the Republic of San Marino hereby declares that the point of contact is:
ICPO INTERPOL – NCB, P.le J.F. Kennedy, 11, 47890 San Marino Città (RSM)"
塞内加尔
Declarations made upon accession:
1. "In accordance with Article 24, paragraph 7, and Article 27, paragraph 2, of the Convention, Senegal declares that the authority responsible for making or receiving requests for extradition or provisional arrest, as well as for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution is:
La Direction des Affaires criminelles et des Grâces du Ministère de la Justice (DACG), Ministry of Justice, 58, rue Carnot 3rd floor, BP 4030, Dakar, Senegal. Tel. 00 221 33 823 76 51"
2. "In accordance with Article 35 of the Convention, Senegal declares that the point of contact available on a twenty-four hour, seven-day-a-week basis is:
La Brigade spéciale de Lutte contre la Cybercriminalité de la Police nationale (BSLC), Rue 6, angle Malick SY, Dakar, Senegal. Tel. 00 221 33 821 04 72 - 00 221 77 529 00 96"
塞尔维亚
Declaration dated July 16, 2009:
"In accordance with Articles 24, 27 and 35 of the Convention, Serbia designates as the central authorities in charge for the implementation of the Convention:
Ministry of Interior of the Republic of Serbia, Directorate of Crime Police, Department for the fight against organized crime, Bulevar Mihajla Pupina 2, 11070 Novi Beograd"
塞浦路斯
Declaration dated August 4, 2009 and updated on July 8, 2010:
"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
Point of contact:
Inspector Marcos Nikolettis, Email: mnikolettis@police.gov.cy; cybercrime@police.gov.cy, Tel.: 00.357.2280.8461/8465 on Office working hours (07 a.m until 07 p.m), 00.357.2280.8080 at other times (Police call centre)."
多米尼加共和国
Declarations made upon accession:
1. "The Dominican competent authorities as provided for by Articles 24(7) and 27(2) of the Convention are:
Procuraduría General de la República:
Ave. Jinénez Moya esq. Juan Ventura Simó, Palacio de Justicia, Centro de los Héroes, Constanza, Maimón y Estero Hondo, Santo Domingo, Distrito Nacional, República Dominicana.
Departamento de Investigaciones de Crímenes y Delitos de Alta Tecnología de la Policía Nacional (DICAT):
Palacio de la Polícia, Ave. Leopoldo Navarro No. 402, Santo Domingo, Distrito Nacional, República Dominicana."
2. "The Dominican competent authority as provided for by Article 35 of the Convention is:
Departamento de Investigaciones de Crímenes y Delitos de Alta Tecnología de la Policía Nacional (DICAT):
Palacio de la Polícia, Ave. Leopoldo Navarro No. 402, Santo Domingo, Distrito Nacional, República Dominicana."
奥地利
Reservation made upon ratification:
"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."
Declarations made upon ratification:
1. "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 für 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"
2. "Austria declares that the following authority has been designated as point of contact pursuant to Article 35 of the Convention:
Bundesministerium für Inneres (Federal Ministry of the Interior), Bundeskriminalamt (Federal Criminal Police Office), Büro 5.2 Cyber-Crime-Competence-Center, Josef Holaubek Platz 1, 1090 Wien, Tel.: +43 1 51 2 56 22"
安道尔
Reservations made upon ratification:
1. "Pursuant to Article 2 of the Convention, the Principality of Andorra declares that it will incriminate the conducts provided for in Article 2 when committed with criminal intent in order to obtain data without being entitled thereto, to alter or damage data or programs of a computer system, or with any other criminal intent."
2. "In accordance with Article 6, paragraph 3, of the Convention, the Principality of Andorra reserves the right not to apply Article 6, paragraph 1.a, on the procurement of devices for use and Article 6, paragraph 1.b, with respect to possession of any of the items referred to in subparagraphs a.i or a.ii."
3. "In accordance with Article 9, paragraph 4, of the Convention, the Principality of Andorra reserves the right not to apply Article 9, paragraph 2.b, related to a person appearing to be a minor engaged in sexually explicit conduct, and also the right not to apply Article 9, paragraph 2.c, related to realistic images representing a minor engaged in sexually explicit conduct."
4. "In accordance with Article 11, paragraph 3, of the Convention, the Principality of Andorra reserves the right not to apply Article 7 concerning certain forms of attempted computer-related forgery."
5. "In accordance with Article 14, paragraph 3.a, of the Convention, the Principality of Andorra reserves the right to apply the measures provided for in Article 20 of the Convention only to major offenses as defined in the Criminal Code in force."
Declarations made upon ratification:
1. "In accordance with Article 29, paragraph 4, of the Convention, the Principality of Andorra declares that, in respect of offences other than those established in accordance with Articles 2 through 11 of the Convention, it will accept requests for mutual assistance aiming to order the preservation of stored computer data, as provided for in Article 16 of the Convention, only if the condition of dual criminality is fulfilled at the moment of the request."
2. "In accordance with Article 24, paragraph 7, of the Convention, the Principality of Andorra declares that, in the absence of a treaty, the authority responsible for making or receiving requests for extradition or provisional arrest is:
Service des Affaires générales et juridiques, Ministry for Foreign Affairs, Edifici administratiu del Govern, C/ Prat de la Creu, 62-64, AD500 Andorra la Vella, Tel. +376 875 704, Fax: +376 869 559, E-mail: exteriors@govern.ad"
3. "In accordance with Article 27, paragraph 2, of the Convention, the Principality of Andorra declares that the central authority responsible for sending and answering requests for mutual assistance and for their transmission to the authorities competent for their execution is:
The Ministry of Justice, Social and Interior affairs, Edifici administratiu de l'Obac, AD700 Escaldes-Engordany, Tel. +376 872 080, Fax: +376 869 250, E-mail: interior@govern.ad"
4. "In accordance with Article 35 of the Convention, the Principality of Andorra designates as point of contact available on a twenty-four hour, seven-day-a-week basis the following Department:
Police Department, Edifici administratiu de l'Obac, AD700 Escaldes-Engordany, Tel.: +376 333 928, E-mail: detec@policia.ad".
尼日利亚
Declarations made upon accession: 1. "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 assistance under the Convention are: 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" 2. "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"
Reservations made upon accession: 1. "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." 2. "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." 3. "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." 4. "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."
巴拉圭
Declarations made upon accession:
1. "In accordance with Article 24.7a of the Convention, the Government of Paraguay declares that the authority designated is:
Ministère Public, Direction des Affaires internationales et de Coopération juridique internationale, Public Prosecutor Manuel Doldan Breuer
Email: mdoldan@ministeriopublico.gov.py, Tel.: + 595.21.415.6000."
2. "In accordance with Article 27.2a of the Convention, the Government of Paraguay declares that the authority designated is:
Ministère Public, Unité Spécialisée Délits Informatiques".
3. "In accordance with Article 35 of the Convention, the Government of Paraguay declares that the points of contact 24/7 designated for the purpose of investigations related to Cybercrime is:
Ministère Public, Unité Spécialisée Délits Informatiques".
巴拿马
Declarations made upon accession:
1. "In accordance with the provisions of Article 24, paragraph 7.a, of the Convention, the authority responsible for making or receiving requests for extradition or provisional detention is the Ministry of Foreign Affairs, with the following address:
Ministry of Foreign Affairs, General Directorate of Legal Affairs and Treaties, Bolívar Palace, Calle Tercera, San Felipe, Phone: (507) 511-4228; (507) 511-4230; (507) 511-4225 and (507) 511-4234 Fax: (507)511-4008, Email: vfranco@mire.gob.pa; oescartin@mire.gob.pa and mlucas@mire.gob.pa."
2. "In accordance with the provisions of Article 27, paragraph 2.a, of the Convention, the Government of the Republic of Panama has designated the following central authorities to submit, respond to and execute requests for mutual assistance:
Office of the Attorney General, Prosecutor's Office of International Affairs, Avenida Perú and Calle 33 A (in front of Parque Porras), Phone: (507) 507-3018, Fax: (507) 507-3421.
Senior Prosecutor's Office specialised in crimes against Intellectual Property and Information security, Via Espana, Avesa Building, Floor No. 3, Phone: (507) 505-3255 and (507) 505-3298, Fax: (507) 505-3246, Email: fepisi@procuraduria.gob.pa."
3. "In accordance with Article 35 – 24/7 Network, the Government of the Republic of Panama has designated the Judicial Investigation Department of the National Police – INTERPOL National Central Bureau – Panama, with the following address:
Judicial Investigation Unit, National Central Bureau of Interpol – Panama, Ancon, Building No.424, between Omar Torrijos avenue and Venao street, next to the Omar Torrijos Foundation, Phone: tele-fax (507) 512-2415 and (507) 512-2267, Email: interpolpanama@hotmail.com; interpol.dij@policia.gob.pa"
巴西
Declarations made upon accession: 1. "Pursuant to Article 40 of the Convention, the Federative Republic of Brazil declares that no presentation of declaration was decided during the legislative process of approval." 2. "Pursuant to Article 35 to the Convention, the Federative Republic of Brazil declares that the function of point of contact for the 24/7 Network will be exercised by the Federal Police." 3. "Pursuant to Article 24, paragraph 7.a, and Article 27, paragraph 2.c, of the Convention, the Federative Republic of Brazil declares that the authority responsible for making requests for extradition and provisional arrest and for exercising the function of competent central authority is: Ministry of Justice and Public Security, Department of Asset Recovery and International Judicial Cooperation, Esplanada dos Ministérios, Bloco T, Ed. Sede, Sala 414, Brasilia-DF 70064-900."
希腊
Reservations made upon ratification:
1. "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."
2. "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."
Declarations made upon ratification:
1. "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 Judicial Co-operation in Civil and Criminal Cases, 96 Mesogeion Avenue, Athens, 11527 Greece, Tel.: +30 210 7767311-2, Fax: +30 210 7767499, Email: aeleftheriadou@justice.gov.gr - kpapanikolaou@justice.gov.gr"
2. "The Hellenic Republic designates as a point of contact available on a twenty-four hour, seven-days-a-week basis in accordance with Article 35 of the Convention:
Hellenic Police Headquarters / Cyber-crime Division, 173 Alexandras Avenue, Athens, 11522 Greece, Tel.: +30 210 647 6959, Fax: +30 210 699 1471, Email: ccu@cybercrimeunit.gov.gr"
德国
Declaration dated May 14, 2009:
"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)"
Declarations made upon ratification:
1. "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."
2. "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: Auswärtiges Amt, Werderscher Markt 1, 10117 Berlin)."
3. "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, Federal Criminal Police Office, Thaerstr. 11, D - 65193 Wiesbaden, Emails: so43auswertung@bka.bund.de (for non-emergency use only); nhtcu@bka.de (for emergency use only)"
Reservation made upon ratification:
"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."
意大利
Declaration dated June 19, 2009 and updated on June 9, 2010:
"In accordance with Article 35, paragraph 1, of the Convention, Italy designates the "Servizio Polizia Postale e delle Comuniczioni" of the Ministry of Interior as point of contact for the network 24/7:
Servizio Polizia Postale e delle Comunicazioni, Via Tuscolana 1548, Email : htcemergency@interno.it"
Declarations made upon ratification:
1. "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"
2. "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 concertation with the Minister of Justice."
拉脱维亚
Reservation made upon ratification and withdrawn on November 16, 2011, with effect from December 2, 2011:
"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."
Declaration made upon ratification and updated on September 14, 2010:
"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 the Central Criminal Police Department of the State Police, Ciekurkalna 1st line 1, k-4, Riga, LV-1026, Latvia, Tel: +371 67075212, Fax: +371 67075053, E-mail: ssp@vp.gov.lv, Website: www.vp.gov.lv"
Declarations made upon ratification:
1. "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 6 7044400 - Fax: +371 6 7044449, E-mail: webmaster@lrp.gov.lv"
2. "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 6 7036801 - Fax: +371 6 7285575, E-mail: tm.kanceleja@tm.gov.lv"
Reservation made upon ratification:
"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."
挪威
Declaration made upon ratification and updated on July 9, 2010:
"In accordance with Articles 27 and 35 of the Convention, the Norwegian authority designated is the:
KRIPOS National Criminal Investigation Service (NCIS Norway), High-Tech Crime Division, PO Box 8163 Dep, 0034 Oslo, Norway, Email: post.kripos.desken@politiet.no, datakrim.kripos@politiet.no"
Declaration made upon ratification:
"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."
Reservations made upon ratification:
1. "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."
2. "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."
3. "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."
捷克共和国
Declaration made upon ratification and updated 19 April 2017:
"In accordance with Article 35 of the Convention, the Czech Republic designates the following authorities as the contact point:
Police of the Czech Republic, National Organized Crime Headquarters, Criminal Police and Investigation Service, Cybercrime Section, P.O. Box 41/NCOZ, 156 80 Prague 5, Czech Republic, E-mail: contact@pcr.cz (after call)
Description of Contact:
Telephone and fax contact is provided by the permanent service Police of the Czech Republic - National Organized Crime Headquarters Criminal Police and Investigation Service Cyber Crime Section.
Communication is arranged in such a way that you speak directly to the officer in charge of the permanent service of the National Organized Crime Headquarters Criminal Police and Investigation Service Cyber Crime Section.
Language Capabilities of Contact: English, Czech
Time zone: UTC/GMT+ 2 hours
Declarations made upon ratification:
1. "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."
2. "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."
3. "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 (Vyšehradská 16, 128 10 Prague 2)"
4. "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, Jezuitská 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, Vyšehradská 16, 128 10 Prague 2, Czech Republic, Phone: +420 221 997 435, Fax: +420 221 997 986, E-mail: mot@msp.justice.cz"
5. "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, Strojnická 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"
Reservation made upon ratification:
"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."
摩尔多瓦共和国
Declaration made upon ratification and updated on June 29, 2010:
"In accordance with Article 35, paragraph 1, of the Convention, Moldova designates as point of contact responsible for ensuring immediate and permanent international co-operation in the field of combating cybercrime:
The Direction of Prevention and Combating of Cybernetic, Information and Transnational Offences, Ministry of Internal Affairs, 14, Bucuriei str., MD-2004 Chisinau, Republic of Moldova"
Declarations made upon ratification:
1. "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."
2. "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."
3. "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."
摩洛哥
Declarations made upon accession:
1. "In accordance with Article 24 (24.7.a and 24.7.b) and Article 27 of the Convention, the Government of Morocco declares that the authority responsible for making or receiving requests for extradition or provisional arrest and requests for mutual assistance, in the absence of a treaty, is:
Ministry of Justice, Direction des Affaires Pénales et des Grâces, Place de la Mamounia, BP: 1015, Rabat, Tel: 00 212 537 70 23 65, Fax: 00 212 537 70 23 65, Languages: Arabic and French"
2. "In accordance with Article 35 of the Convention, the Government of Morocco declares that the points of contact 24/7 designated for the purpose of investigations related to Cybercrime are:
Bureau Central National d'Interpol Rabat, Direction de la Police Judiciaire, Direction Générale de la Sûreté Nationale, Rabat
Présidence du Parquet Général, Pôle de Suivi des Affaires Pénales et de la Protection des Catégories Spéciales, Avenue Al Arz, Mahaj Ryad, Rabat
Languages: Arabic and French"
摩纳哥
Declaration dated October 11, 2017:
"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
Communication languages: French - English.
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).
Time zone: H24 but preferably time zone Paris - 9:00 to 18:00
Other information susceptible to favour the cooperation: Precisely specify technical information, logs and any e-mail address, internet link relevant to the current investigation."
Declarations made upon ratification:
1. "In accordance with Article 24, paragraph 7, of the Convention, the Principality of Monaco declares that the authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty is:
The Directorate of Judicial Services, 5, rue du Colonel Bellando de Castro, 98000 MONACO, Phone: (+377) 98.98.88.11, Fax: (+377) 98.98.85.89, Email: dsj@justice.mc."
2. "In accordance with Article 27, paragraph 2, of the Convention, the Principality of Monaco declares that the authority responsible for sending and answering requests for mutual assistance and for their transmission to the authorities competent for their execution is:
The Directorate of Judicial Services, 5, rue du Colonel Bellando de Castro, 98000 MONACO, Phone: (+377) 98.98.88.11, Fax: (+377) 98.98.85.89, Email: dsj@justice.mc."
斯洛伐克
Declarations made upon ratification and amended by Note Verbale dated April 30, 2021: 1. "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." 2. "In accordance with Article 35 of the Convention, the Slovak Republic notifies that the point of contact is the: Presidium of the Police Forces, Criminal Police Office, Cybercrime Department, Račianska 45, 81272 Bratislava, Slovak Republic"
Reservation made upon ratification: "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 at the time of disclosure the condition of dual criminality cannot be fulfilled."
Declarations made upon ratification and updated September 3, 2020: 1. "In accordance with Article 24, paragraph 7.a, of the Convention, the Slovak Republic declares that the Ministry of Justice of the Slovak Republic (Račianska 71, 81311 Bratislava, Slovakia) 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." 2. "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 (Račianska 71, 81311 Bratislava, Slovakia) and the General Prosecutor's Office (Štúrova 2, 81285 Bratislava)."
Reservation made upon ratification and withdrawn on April 30, 2021: "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."
斯洛文尼亚
Declaration dated December 19, 2006 and updated on June 15, 2010:
"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:
Ministry of the Interior, Criminal Police Directorate, International Police Cooperation Division, Email: interpol.ljubljana@policija.si"
Declarations dated December 19, 2006:
1. "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, Prešernova 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"
2. "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, Županciceva 3, SI – 1000 Ljubljana"
日本
Declarations made upon acceptance:
1. "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."
2. "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."
3. "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."
4. "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.
5. "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."
6. "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"
7. "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"
Reservations made upon acceptance:
1. "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)."
2. "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)."
3. "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."
4. "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."
智利
Reservation made upon accession and corrected July 3, 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 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."
Declarations made upon accession:
1. "The Republic of Chile declares that it will require that the offense be committed with a specified criminal intent, to punish the actions described in Articles 2 and 3 of the Convention on Cybercrime, in accordance with the provisions of Article 2 of Law No. 19.223 on computer-related offenses."
2. "The Republic of Chile declares that it will require that the offense be committed with fraudulent intent and that it causes harm to third parties, to punish the actions described in Article 7 of the Convention on Cybercrime in accordance with the provisions of Article 197 of the Criminal Code."
3. "The Republic of Chile declares that, under Article 24 "Extradition", paragraph 7, of the Convention, the authority responsible for making or receiving requests for extradition or provisional arrest is:
The Ministry of Foreign Affairs of the Republic of Chile, Teatinos 180, Santiago Chili."
4. "The Republic of Chile declares that, as regards to Article 27 “Procedures pertaining to mutual assistance requests in the absence of applicable international agreements”, paragraph 2.a, 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 Office of Public Prosecution of Chile, International Cooperation and Extradition Unit, General Mackenna 1369, Santiago Chili."
5. "The Republic of Chile declares that, as regards to Article 35 "24/7 Network", paragraph 1, the point of contact available on a twenty-four hour, seven-day-a-week basis is:
The Office of Public Prosecution of Chile, International Cooperation and Extradition Unit, General Mackenna 1369, Santiago Chili."
Reservations made upon accession:
1. "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."
2. "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."
3. "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."
4. "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."
格鲁吉亚
Declarations made upon approval:
1. "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."
2. "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"
3. "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"
4. "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"
5. "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."
比利时
Declarations made upon ratification:
1. "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."
2. "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 Fédéral Justice, Service de la coopération internationale pénale, 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 Fédéral Justice, Service de la coopération internationale pénale, 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)."
Reservation made upon ratification:
"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."
毛里求斯
Declarations made upon accession:
1. "As per Article 24, paragraph 7(a), the Prime Minister’s Office, Government Centre, Port Louis, as the authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty."
2. "As per Article 27, paragraph 2, the central authorities responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution will be:
a) the Ministry of Information and Communication Technology, Level 9, Air Mauritius Centre, President John Kennedy Street, Port Louis;
b) the Information and Communication Technologies Authority, Level 12, The Celicourt 6, Sir Celicourt Antelme Street, Port Louis;
c) the Mauritius Police Force, Line Barracks, Port Louis."
3. "As per Article 35, the Assistant Permanent Secretary will be the focal point and contact available on a 24-hour, seven-day 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 etc."
汤加
Declarations made upon accession:
1. "The Kingdom of Tonga designates the following competent authorities in accordance with Articles 24 and 27 of the Convention:
Article 24 – Extradition and Article 27 – Procedures pertaining to mutual assistance requests in the absence of applicable international agreements:
The Acting Attorney General and Director of Public Prosecutions, Attorney General's Office, 1st Floor Taumoepeau Building, Corner of Fatafehi and Salote Roads, PO Box 85, Nuku'alofa, Kingdom of Tonga, Tel (676) 24 055 / 24 007, Fax (676) 24 005."
2. "The Kingdom of Tonga designates the following competent authorities in accordance with Article 35 of the Convention:
Article 35 – 24/7 Network:
. The Acting Attorney General and Director of Public Prosecutions, . The Crown Counsel, Attorney General's Office, 1st Floor Taumoepeau Building, Corner of Fatafehi and Salote Roads, PO Box 85, Nuku'alofa, Kingdom of Tonga, Tel (676) 24 055 / 24 007, Fax (676) 24 005;
.The Deputy Police Commissioner, . The National Crime Commander, Serious Organized Transnational Crime Unit, Tonga Police Headquarters, Longolongo, PO Box 8, Nuku'alofa, Kingdom of Tonga, Tel (676) 23 419 / 23 731, Fax (676) 23 036."
法国
Declaration made upon approval and updated on July 7, 2010:
"In accordance with Article 35 of the Convention, France designates as point of contact the:
Ministry of Interior, Central Direction of Judiciary Police (DCPJ)/NCB Interpol France, Office central de lutte contre la criminalité liée aux technologies de l'information et de la communication (OCLCTIC), 11, Rue des Saussaies, F - 75008 Paris, Email: oclctic-sec.dcpjaef@interieur.gouv.fr"
Declarations made upon approval:
1. "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."
2. "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 (Ministère de la Justice, 13, Place Vendôme, 75042 Paris Cedex 01);
– requests for mutual assistance from foreign judiciary authorities and directed to the French judiciary authorities are transmitted through diplomatic channel (Ministère des Affaires étrangères, 37, Quai d'Orsay, 75700 Paris 07 SP)."
3. "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 (Ministère des Affaires étrangères, 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."
Reservations made upon approval:
1. "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."
2. "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)."
波兰
Declarations made upon ratification:
1. "Pursuant to Article 24, paragraph 7, of the Convention, the Republic of Poland declares that the central authority responsible for making requests for extradition or provisional arrest is:
– the Attorney General – regarding requests made in preparatory proceedings;
– the Ministry of Justice – regarding other requests."
2. "Pursuant to Article 27, paragraph 2.a, of the Convention, the Republic of Poland declares that the central authority responsible for sending or answering requests for mutual assistance under the Convention is:
– the Attorney General – regarding requests pursued in preparatory proceedings;
– the Ministry of Justice – regarding other requests."
3. "The Republic of Poland declares that the contact point referred to in Article 35 of the Convention is the Unit for Supporting the Combating of Cybercrime within the structures of the Criminal Service Bureau of the General Police Headquarters (Wydział Wsparcia Zwalczania Cyberprzestępczoci Biura Służby Kryminalnej Komendy Głownej Policji)."
Reservation made upon ratification:
"Pursuant to Article 29, paragraph 4, of the Convention, the Republic of Poland reserves that the execution of a request for mutual assistance regarding search or similar access, seizure or similar securing, or disclosure of stored data, in respect of offences other than those established in accordance with Articles 2 through 11 of this Convention, shall be conditional on dual criminality of those offences."
波斯尼亚和黑塞哥维那
Declaration dated November 15, 2011:
"In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35, paragraph 1, of the Convention on Cybercrime, Bosnia and Herzegovina up-dates the information on its designated authorities for the purposes of the Convention as follows:
Competent authority in respect of Articles 24 and 27:
State Investigation and Protection Agency of Bosnia and Herzegovina, (Ministry of Security).
Point of contact in respect of Article 35:
Direction for cooperation of police bodies of Bosnia and Herzegovina, International police cooperation Sector, INTERPOL, (Ministry of Security)"
澳大利亚
Declaration made upon accession and updated on July 17, 2020: "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: iccca@ag.gov.au, Tel: + 61 (0)2 6141 3280. 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: iccca@ag.gov.au, Tel: + 61 (0)2 6141 3280. Article 35 - 24/7 Network: AOCC Watchfloor Operations, Australian Federal police, GPO Box 401, Canberra ACT 2601, Australia"
Reservations made upon accession:
1. "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'."
2. "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). Australian 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."
爱沙尼亚
Declaration dated October 5, 2007 and updated on July 6, 2010:
"Estonia designates as point of contact for the network 24/24-7/7:
Bureau of Criminal Intelligence, Criminal Police Department, Estonian Police- and Border Guard Board, Republic of Estonia, Email: interpol@politsei.ee"
Declarations made upon ratification:
1. "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."
2. "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."
瑞典
Declarations made upon ratification: 1. "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." 2. "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."
Reservations made upon ratification: 1. "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." 2. "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." 3. "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."
瑞士
Declarations made upon ratification:
1. "Switzerland declares that it will apply Article 2 to the extent that the offence is committed by infringing safety measures."
2. "Switzerland declares that it will apply Article 3 insofar as the offence is committed with intent to unjust enrichment."
3. "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."
4. "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."
5. "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."
6. "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."
7. "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."
8. "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."
Reservations made upon ratification:
1. "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."
2. "In accordance with Article 9, paragraph 4, of the Convention, Switzerland reserves the right not to apply Article 9(2)(b)."
3. "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."
4. "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."
秘鲁
Reservations made upon accession:
"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."
Declarations made upon accession:
"1.DECLARATIONS ACCORDING TO ARTICLE 40 OF THE CONVENTION
In accordance with Article 2 of the Convention on Cybercrime, the Republic of Peru declares that its national law requires the offense of illegal access to be committed in violation of security measures.
In accordance with Article 3 of the Convention on Cybercrime, the Republic of Peru declares that its national law requires the offense of illegal interception is committed with criminal intent and that such offense may be committed in relation to a computer system connected to another computer system.
In accordance with Article 7 of the Convention on Cybercrime, the Republic of Peru declares that it may require that a similar fraudulent or criminal intent exists, in accordance with the provisions of its national law, so that the conduct described in that article engenders a criminal responsibility.
In accordance with Article 27, paragraph 9, sub-paragraph (e) of the Convention on Cybercrime, the Republic of Peru declares that in the interest of efficiency, the requests made under provisions of Article 27, paragraph 9, of the Convention should be addressed to its Central Authority.
2. AUTHORITIES
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 Cooperación Judicial Internacional y Extraditiones del Ministerio Público, Avenida Abancay cuadra 5 s/n, piso 9, Cercando de Lima – Peru."
立陶宛
Declarations made upon ratification and confirmed on April 26, 2004:
1. "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."
2. "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."
3. "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."
4. "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."
5. "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."
Reservations made upon ratification and confirmed on April 26, 2004:
1. "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."
2. "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."
罗马尼亚
Declaration made upon ratification and updated on July 12, 2010:
"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, Section for Combating Organised Crime and Drugs Trafficking, High Court of Cassation and Justice, Blvd. Libertatii nr. 12-14, Sector 5, Bucuresti, Romania"
Declarations made upon ratification:
1. "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)."
2. "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."
美利坚合众国
Declarations made upon ratification:
1. "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."
2. "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."
3. "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."
4. "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."
5. "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."
6. "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."
7. "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: Computer Crime and Intellectual Property Section (CCIPS), U.S. Department of Justice, Washington, DC.
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."
Reservations made upon ratification:
1. "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."
2. "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")."
3. "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."
4. "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."
5. "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."
6. "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."
联合王国
Declarations made upon ratification:
1. "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"
2. "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"
Reservations made upon ratification:
1. "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."
2. "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."
3. "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."
4. "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."
芬兰
Declaration dated June 14, 2007 and updated on June 17, 2010:
"Pursuant to Article 24, paragraph 7, of the Convention, the Republic of Finland declares that the authority responsible for making and receiving requests in Finland is:
- for requests for extradition, Ministry of Justice, International Affairs, POB 25, FIN-00023 Government, Finland, and
- for requests for provisional arrest, the National Bureau of Investigation, Jokiniemenkuja 4, FIN-01370 Vantaa, fax: +358-983.886.299, e-mail: KRP-RTP-VLP@krp.poliisi.fi"
Declaration made upon ratification and updated on June 17, 2010:
"Pursuant to Article 35, paragraph 1, of the Convention, the Republic of Finland designates as the point of contact available on a twenty-four hour, seven-day-a-week basis:
National Bureau of Investigation, Jokiniemenkuja 4, FIN-01370 Vantaa, Finland, Email: vlk.krp@poliisi.fi"
Declaration dated June 14, 2007:
"Pursuant to Article 27, paragraph 2.a, of the Convention, the Republic of Finland declares that the central authority who is 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 Ministry of Justice, Eteläesplanadi 10, FIN-00130 Helsinki."
Reservations made upon ratification:
1. "Pursuant to Article 11, paragraph 3, of the Convention, the Republic of Finland declares that it will not apply paragraph 2 of the same article, concerning the criminalisation of attempt, to petty criminal damage nor petty forgery."
2. "Pursuant to Article 14, paragraph 3.a, of the Convention, the Republic of Finland declares that it only applies Article 20 to offences aimed at a computer system committed by using telecommunications terminal equipment, pandering, threatening of persons to be heard in the administration of justice, menace, narcotic offences or attempts of the above, preparation of offences to be committed with terrorist intent and offences punishable by imprisonment of at least four years."
3. "Pursuant to Article 14, paragraph 3.b, of the Convention, the Republic of Finland declares that it does not apply the measures referred to in Articles 20 and 21 to communications being transmitted within a computer system if the 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, whether public or private."
Declaration made upon ratification:
"Pursuant to Article 2 of the Convention, the Republic of Finland declares that it requires for the punishability of illegal access as referred to in the Article that the offence be committed by infringing security measures."
荷兰王国
Declarations made upon acceptance:
1. "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"
2. "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"
3. "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"
菲律宾
Declaration made upon accession:
"In accordance with Articles 24, 27 and 35 of the Convention, the Republic of the Philippines designates the following authorities mainly responsible for making or receiving requests for extradition or for mutual assistance with another State Party:
Central authority:
Authority: Department of Justice
Address: Padre Faura Street, Ermita, Manila, Philippines 1000, E-mail: osec@doj.gov.ph, General phone: (+632) 523-8481 (the last two digits may be replaced by digits going from 81 to 98), Local / internal numbers 211, 214, 316 and 341, Direct phone: (+632) 523-1505 - (+632) 521-2218, Fax: (+632) 525-2218 - (+632) 523-9584, Website: https://doj.gov.ph
Point of contact 24/7 network:
Authority: Department of Justice - Office of Cybercrime"
葡萄牙
Declaration dated April 30, 2010 and updated on July 19, 2010:
"In accordance with Article 35, paragraph 1, of the Convention, Portugal designates as point of contact for the network 24/7:
The Judiciary Police, (Policia Judiciária), Rua Gomes Freire, 174, 1169-007 Lisboa, Portugal"
Declarations dated April 30, 2010:
1. "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 República (Rua da Escola Politécnica, 140 – 1269-269 Lisboa, Portugal)."
2. "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 República (Rua da Escola Politécnica, 140 – 1269-269 Lisboa, Portugal)."
Declaration made upon ratification:
"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."
西班牙
Declarations made upon ratification:
1. "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."
2. "In accordance with Article 35 of the Convention, Spain declares that the central authority designated is the:
"Commissariat Général de la Police Judiciaire", Ministry of the Interior."
阿塞拜疆
Declarations made upon signature and confirmed upon ratification:
1. "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 (Address: 1, Inshaatchilar Avenue, Baky, AZ 1073, Republic of Azerbaijan; e-mail: contact@justice.gov.az) as a responsible authority for receiving inquiries regarding extradition and temporary arrest."
2. "According to subparagraph "c" of paragraph 2 of Article 27 of the Convention, the Republic of Azerbaijan designates the Ministry of National Security ( Address: 2, Parliament Avenue, Baky, AZ 1006, Republic of Azerbaijan; e-mail: secretoffice@mns.gov.az) as a responsible authority for sending and answering requests for mutual assistance and the execution of such requests."
3. "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."
4. "According to paragraph 1 of Article 35 of the Convention, the Republic of Azerbaijan designates the Ministry of National Security (address: 2, Parliament Avenue, Baky, AZ 1006, Republic of Azerbaijan; email: secretoffice@mns.gov.az) 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."
5. "According to Article 38 of the Convention, the Republic of Azerbaijan declares that it is unable to guarantee implementation of the Convention in the territories of the Republic of Azerbaijan, which have been occupied by the Republic of Armenia, until the liberation of those territories from occupation."
Reservations made upon signature and confirmed upon ratification:
1. "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."
2. "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."
3. "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."
4. "n 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."
阿尔巴尼亚
Declaration dated October 10, 2006:
"The 24/7 Network point of contact designated by Albania is:
the Police of State, Ministry of Interior, Bulevardi Deshmoret e Kombit, Tirana, Albania"
Declarations dated June 19, 2006:
1. "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."
2. "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"
阿根廷
Reservation made upon accession and withdrawn on July 12, 2018:
"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)."
Reservations made upon accession:
1. "The Argentine Republic makes a reservation to Article 6.1.b of the Convention on Cybercrime and declares that it's not transposable to its jurisdiction because it contains an anticipatory assumption of the sanction since preparatory actions are established as criminal offences, which is unknown in Argentina's legislative tradition in criminal legal matters."
2. "The Argentine Republic makes a reservation to Articles 9.1.d, 9.2.b and 9.2.c of the Convention on Cybercrime and declares that they are not transposable to its jurisdiction because they contain anticipatory assumptions inconsistent with the Criminal Code in force, in accordance with the reform introduced by Law 26.38."
3. "The Argentine Republic makes a reservation to Article 22.1.d of the Convention on Cybercrime and declares that it's not transposable to its jurisdiction because its content differs from the rules governing the definition of national criminal jurisdiction."
4. "The Argentine Republic makes a reservation to Article 29.4 of the Convention on Cybercrime and declares that it's not transposable to its jurisdiction because the requirement of dual criminality is one of the fundamental bases of the Law on International Cooperation in Criminal Matters No. 24.767 for the kind of cooperation measures provided for in the article and paragraph mentioned."
Declarations made upon accession:
1. "In accordance with the provisions of Article 24.7 of the Convention, the Government of Argentina designates as responsible authority the Directorate for International Mutual Legal Assistance of the Ministry of Foreign Affairs and Worship of the Argentine Republic."
2. "In accordance with the provisions of Article 27.2.c of the Convention, the Government of Argentina designates as responsible authority the Directorate for International Mutual Legal Assistance of the Ministry of Foreign Affairs and Worship of the Argentine Republic."
马耳他
Declarations made upon ratification:
1. "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"
2. "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"
3. "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"
黑山
Declarations made upon ratification:
1. "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 Karadžica 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."
2. "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 Karadžica 3, 81 000 Podgorica."
Reservations made upon ratification:
1. "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."
2. "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."
3. "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."