The Extradition (Drug Trafficking) Order 1991

ARTICLE 24 — Application of Stricter Measures than those required by this Convention

A Party may adopt more strict or severe measures than those provided by this Convention if, in its opinion, such measures are desirable or necessary for the prevention or suppression of illicit traffic.

ARTICLE 25 — Non-Derogation from Earlier Treaty Rights and Obligations

The provisions of this Convention shall not derogate from any rights enjoyed or obligations undertaken by Parties to this Convention under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention.

ARTICLE 26 — Signature

This Convention shall be open for signature at the United Nations Office at Vienna, from 20 December 1988 to 28 February 1989, and thereafter at the Headquarters of the United Nations at New York, until 20 December 1989; by:

• (a) All States;

• (b) Namibia, represented by the United Nations Council for Namibia;

• (c) Regional economic integration organizations which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention, references under the Convention to Parties, States or national services being applicable to these organizations within the limits of their competence.

ARTICLE 27 — Ratification, Acceptance, Approval or Act of Formal Confirmation

1

This Convention is subject to ratification, acceptance or approval by States and by Namibia, represented by the United Nations Council for Namibia, and to acts of formal confirmation by regional economic integration organizations referred to in article 26, subparagraph (c). The instruments of ratification, acceptance or approval and those relating to acts of formal confirmation shall be desposited with the Secretary-General.

2

In their instruments of formal confirmation, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Secretary-General of any modification in the extent of their competence with respect to the matters governed by the Convention.

ARTICLE 28 — Accession

1

This Convention shall remain open for accession by any State, by Namibia, represented by the United Nations Council for Namibia, and by regional economic integration organizations referred to in article 26, subparagraph (c). Accession shall be effected by the deposit of an instrument of accession with the Secretary-General.

2

In their instruments of accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Secretary-General of any modification in the extent of their competence with respect to the matters governed by the Convention.

ARTICLE 29 — Entry into Force

1

This Convention shall enter into force on the ninetieth day after the date of the deposit with the Secretary-General of the twentieth instrument of ratification, acceptance, approval or accession by States or by Namibia, represented by the Council for Namibia.

2

For each State or for Namibia, represented by the Council for Namibia, ratifying, accepting, approving or acceding to this Convention after the deposit of the twentieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession.

3

For each regional economic integration organization referred to in article 26, subparagraph (c) depositing an instrument relating to an act of formal confirmation or an instrument of accession, this Convention shall enter into force on the ninetieth day after such deposit, or at the date the Convention enters into force pursuant to paragraph 1 of this article, whichever is later.

ARTICLE 30 — Denunciation

1

A Party may denounce this Convention at any time by a written notification addressed to the Secretary-General.

2

Such denunciation shall take effect for the Party concerned one year after the date of receipt of the notification by the Secretary-General.

ARTICLE 31 — Amendments

1

Any Party may propose an amendment to this Convention. The text of any such amendment and the reasons therefor shall be communicated by that Party to the Secretary-General, who shall communicate it to the other Parties and shall ask them whether they accept the proposed amendment. If a proposed amendment so circulated has not been rejected by any Party within twenty-four months after it has been circulated, it shall be deemed to have been accepted and shall enter into force in respect of a Party ninety days after that Party has deposited with the SecretaryGeneral an instrument expressing its consent to be bound by that amendment.

2

If a proposed amendment has been rejected by any Party, the Secretary-General shall consult with the Parties and, if a majority so requests, he shall bring the matter, together with any comments made by the Parties, before the Council which may decide to call a conference in accordance with Article 62, paragraph 4, of the Charter of the United Nations[^f00007]. Any amendment resulting from such a Conference shall be embodied in a Protocol of Amendment. Consent to be bound by such a Protocol shall be required to be expressed specifically to the Secretary-General.

ARTICLE 32 — Settlement of Disputes

1

If there should arise between two or more Parties a dispute relating to the interpretation or application of this Convention, the Parties shall consult together with a view to the settlement of the dispute by negotiation, enquiry, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.

2

Any such dispute which cannot be settled in the manner prescribed in paragraph 1 of this article shall be referred, at the request of any one of the States Parties to the dispute, to the International Court of Justice for decision.

3

If a regional economic integration organization referred to in article 26, subparagraph (c) is a Party to a dispute which cannot be settled in the manner prescribed in paragraph 1 of this article, it may, through a State Member of the United Nations, request the Council to request an advisory opinion of the International Court of Justice in accordance with article 65 of the Statute of the Court, which opinion shall be regarded as decisive.

4

Each State, at the time of signature or ratification, acceptance or approval of this Convention or accession thereto, or each regional economic integration organization, at the time of signature or deposit of an act of formal confirmation or accession, may declare that it does not consider itself bound by paragraphs 2 and 3 of this article. The other Parties shall not be bound by paragraphs 2 and 3 with respect to any Party having made such a declaration.

5

Any Party having made a declaration in accordance with paragraph 4 of this article may at any time withdraw the declaration by notification to the Secretary-General.

ARTICLE 33 — Authentic Texts

The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention are equally authentic.

ARTICLE 34 — Depositary

The Secretary-General shall be the depositary of this Convention.

In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.

Done at Vienna, in one original, this twentieth day of December one thousand nine hundred and eighty-eight.

SCHEDULE 2 — FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND FOR WHICH ORDERS UNDER THE EXTRADITION ACT 1870 ARE IN FORCE

SCHEDULE 3

PART I — FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

PART II — APPLICATION OF THE 1989 ACT IN THE CASE OF A STATE MENTIONED IN PART I

1

The 1989 Act shall hereby have effect only in respect of–

• (a) an offence mentioned in section 22(4)(h) of that Act;

• (b) an attempt to commit such an offence;

• (c) counselling, procuring, commanding, aiding or abetting such an offence; and

• (d) being an accessory before or after the fact to such an offence.

2

No proceeding shall be taken on an application for a provisional warrant issued under section 8(1)(b) of the 1989 Act, and no such warrant shall be issued, unless the application is made with the consent of the Secretary of State signified by an Order in the form set out in Part III of this Schedule or in a form to the like effect; but subject as aforesaid the signification of consent shall not affect the provisions of the said section 8.

3

• (1) Without prejudice to his so deciding on other grounds, the Secretary of State may, in the circumstances mentioned in the following sub-paragraph, decide not to make an order or issue a warrant–

• (a) under section 7 of the 1989 Act issuing an authority to proceed, or

• (b) under section 12 of the 1989 Act ordering the person to be returned, or

• (c) for the purposes of paragraph 2 above signifying his consent to an application for a provisional warrant.

• (2) The circumstances referred to in the preceding sub-paragraph are–

• (a) that the Secretary of State is not satisfied that provision is made by the law of the State requesting the return under which a person accused or convicted in the United Kingdom of the like offence as that with which the person whose return is sought is accused or convicted might be surrendered to the United Kingdom if found in that State, or

• (b) that the person whose return is sought is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person.

PART III

FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order applies the Extradiction Act 1989 so as to make extraditable offences within the meaning of the Drug Trafficking Offences Act 1986 (c. 32) and offences to which section 1 of the Criminal Justice (Scotland) Act 1987 (c. 41) relates, attempts to commit such offences and participation in the commission of such offences. It applies to certain States, Parties to the Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, signed at Vienna on 20th December 1988; it does not apply to those States Parties (Commonwealth countries and Parties to the European Convention on Extradition) in relation to which the definition of extraditable offence already includes offences of the kind mentioned in the Order.

Footnotes

[^f00001]: Cm 804.

[^f00002]: 1870 c. 52; the Act was repealed by the Extradition Act 1989 with the savings mentioned in section 37 of that Act. For the purpose of those savings the Act has to be read with section 22(1) of the Criminal Justice (International Co-operation) Act 1990 (c. 5).

[^f00003]: 1989 c. 33; section 22 was amended by section 22 of the Criminal Justice (International Co-operation) Act 1990.

[^f00004]: Paragraph 15 of Schedule 1 to the 1989 Act was amended bt section 22 of the Criminal Justice (International Co-operation) Act 1990.

[^f00005]: Treaty Series No. 23 (1979), Cmnd. 7466.

[^f00006]: Miscellaneous No. 24 (1978), Cmnd. 7330.

[^f00007]: Treaty Series No. 67 (1946), Cmd. 7015.