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Signatories and Ratifications

A-57: INTER-AMERICAN CONVENTION ON SERVING CRIMINAL SENTENCES ABROAD

ADOPTED AT: MANAGUA, NICARAGUA

DATE: 06/09/93

CONF/ASSEM/MEETING: TWENTY-THIRD REGULAR SESSION OF THE OAS GENERAL ASSEMBLY   

ENTRY INTO FORCE: 04/12/96,  IN ACCORDANCE WITH THE ARTICLE XVII OF THE CONVENTION

DEPOSITORY: GENERAL SECRETARIAT TO OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS)

TEXT: OAS, TREATY SERIES, NO.76

UN REGISTRATION:   /  /    No.         Vol.      

OBSERVATIONS:

GENERAL INFORMATION OF THE TREATY: A-57

COUNTRY

SIGNATURE

RATIFICATION/ACCESSION

DEPOSIT

INFORMATION*

Antigua & Barbuda

-

-

-

-

Argentina

-

9/29/14

11/10/14 AD

Yes

Bahamas

-

-

-

-

Barbados

-

-

-

-

Belize

05/10/05

06/29/05

07/15/05 RA

Yes

Bolivia

-

-

-

-

Brazil

05/05/99

01/03/01

04/26/01 AD

Yes

Canada

07/08/94

06/03/95

06/04/95 RA

Yes

Czech Republic

10/13/11

10/13/11 AD

Yes

Chile

04/22/97

08/20/98

10/14/98 RA

Yes

Colombia

-

-

-

-

Costa Rica

06/09/93

03/20/96

06/02/96 RA

Yes

Dominica

-

-

-

-

Dominican Republic

-

-

-

-

Ecuador

03/14/96

08/28/06

12/21/06 RA

Yes

El Salvador

-

11/05/07

12/18/07

Yes

Grenada

-

-

-

-

Guatemala

11/25/03

10/18/05

03/01/06 RA

Yes

Guyana

-

-

-

-

Haiti

-

-

-

-

Honduras

-

-

-

-

India

-

03/14/2014

05/05/2014 AD

Yes

Jamaica

-

-

-

-

Kazakhstan - 10/27/2015 11/06/2015 AD Yes

Kingdom of Saudi Arabia

-

07/08/11

07/08/11 AD

Yes

Mexico

06/04/95

05/27/97

06/02/97 RA

Yes

Mongolia - 05/08/2020 11/17/2022 AD

Yes

Nicaragua

-

07/09/01

10/09/01 AD

Yes

Panama

12/05/94

11/05/98

12/07/98 RA

Yes

Paraguay

06/02/98

06/30/04

08/12/04 RA

Yes

Peru

-

-

-

-

Qatar

-

01/10/2024

03/05/2024 AD

Yes

Slovak Republic

-

02/22/2016

04/18/2016 AD

Yes

St. Kitts & Nevis

-

-

-

-

St. Lucia

-

-

-

-

St. Vincent & Grenadines

-

-

-

-

Suriname

-

07/30/18

08/28/18 RA

Yes

Trinidad & Tobago

-

-

-

-

Ukraine

-

06/11/2020

12/11/2020 AD

Yes

United States

01/10/95

04/17/2001

05/25/01 RA

Yes

Uruguay

-

10/05/09

10/23/09 AD

-

Venezuela

04/14/94

09/13/95

03/14/96 RA

Yes

REF = REFERENCE 					INST = TYPE OF INSTRUMENT
D = DECLARATION 					RA = RATIFICATION
R = RESERVATION 					AC = ACCEPTANCE
INFORMA = INFORMATION REQUIRED BY THE TREATY		AD = ACCESSION
*DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWALS

A-57 INTER-AMERICAN CONVENTION ON SERVING CRIMINAL SENTENCES ABROAD

 

1.-Canada:

(Declaration made at the time of ratification)

The Government of Canada declares that under current legislation it can neither transfer nor receive persons under Article IX "Application of the Convention in Special Cases" whom the competent authority has
pronounced unindictable for the purposes of treatment.

Information provided in accordance with Article XVIII.

On June 20, 1995, the Government of Canada nitified the General Secretariat with Note OAS No. 0048, that the Central Authority of Canada for the Convention is the Manager, International Transfers, Correctional Service Canada, Solicitor General Canada, 340 Laurier Avenue, West, Ottawa, Ontario, Canada, K1A 0P9.

 

On October 22, 2007, Canada notified the withdrawal of the declaration made at the time of the ratification of the Inter-American Convention on Serving Criminal Sentences Abroad.

 

2.-Venezuela:

(Provided information in accordance with ARTICLE XI)

Appointed the Ministry of Justice as the Central Authority competent to carry out the functions entrusted to it in the Convention.

 

3.-Mexico:

RESERVATION (June 2, 1997)

“The Government of the United Mexican States reserves the right to transfer a convicted person when: (a) they fail to pay damages awarded for injuries to third parties or the fine imposed by the court, as ordered by the judgment, unless the court forgives the fine in question, by reason of the amount; (b) they reoffend in the territory of the convicting State; or (c) the offense is political or military in nature.

At the same time, when authorization to transfer a convicted person is denied, the Government of the United Mexican States reserves the right to request or conduct a review of the original decision, should the circumstances on which the denial was based have changed and entail, for example, humanitarian reasons having to do with the advanced age or terminal illness of the convicted persons, as determined by the competent authority."

 

(Provided information in accordance with ARTICLE XI)
(September 12, 1997)

Secretaria de Gobernacion Procuraduria General de la Republica

 

4.-Costa Rica:

(Provided information in accordance with ARTICLE XI)
(September 22, 1997)

Appointed the Direccion General de Adaptacion Social del Ministerio de Justicia y Gracia as the Central Authority competent to carry out the functions entrusted to it in the Convention.

 

5.-Chile:

(Provided information in accordance with ARTICLE XI)

On March 17, 1999, Chile informed the depository of the designation of the "Ministry of Justice" as the Central Authority competent to carry out the functions entrusted to it in the Convention.

 

6.-Brazil:

RESERVATION (May 5, 1999)

The Brazilian Government hereby issues its reservation to the following text, found in Article VII.2: "including application of any provisions relating to reduction of time of imprisonment or of alternative service of the sentence."

(Provided information in accordance with Artilcle XI)

Central Authority (April 26, 2001)

Secretaria Nacional de Justicia de Brasil

Ministerio de Justicia

Esplanada dos Ministerios, Bloco T – 4. Andar, sal 424

700-900 Brasilia, DF.- Brasil

Telefone: (55 61) 429-3145/3394

Telefax (55 61) 226-5023 

 

On August 19, 2016, Brazil informed the depository on the designation of the Department of Assets Recovery and International Legal Cooperation (DRCI) as the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad:

 

7.-United States:

RESERVATION / UNDERSTANDING.- (May 25,2001)

(1). Reservation.- With respect to Article V, paragraph 7, the United States of America will require that whenever one of its nationals is to be returned to the United States, the sentencing state provide the United States with the documents specified in that paragraph in the English language, as well as the language of the sentencing state. The United States undertakes to furnish a translation of those documents into the language of the requesting state in like circumstances.

(2) Understanding.- The United States of America understands that the consent requirements in Articles III, IV, V and VI are cumulative; that is, that each transfer of a sentenced person under this Convention shall require the concurrence of the sentencing state, the receiving state, and the prisoner, and that in the circumstances specified in Article V, paragraph 3, the approval of the state or province concerned shall also be required.

(Provided information in accordance with ARTICLE XI)
(May 25, 2001)
 

 

On May 25, 2001, the United States informed the depositary of the designation of the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad.

Attorney General of the United States Department of Justice, Office of Enforcement Operations, International Prisoner Transfer Unit
10th and Constitution Ave., NW

John C. Keeney Building, 12th Floor

Washington D.C. 20004-7600

Phone 202- 514 3173

Fax 202-514 9003

 

8.-Nicaragua:

Appointed the Supreme Court of Justice as the Central Authority.
(November 25, 2002)

 

9.-Guatemala:

Declarations made by Guatemala when signing the Convention and confirmed at the moment of the deposit of the instrument of ratification.

1.Article I.3: It is the understanding of the Republic of Guatemala that a sentence is final when there is no legal appeal or remedy pending against it whatsoever, the period for appeals or remedies has expired, and no notice thereof has been given. 

2.Article VI: The Republic of Guatemala may deny the transfer of a sentenced person until he or she has paid the fines imposed or said fines have been converted into prison time by the judicial authorities, as provided for in the sentence, and he or she has paid civil liabilities unless, in both cases, payment is guaranteed to the satisfaction of the State’s judicial authorities. The State retains the right to waive or cancel, in favor of the sentenced person, payment for the redress of damage, as long as this is allowed under domestic law. 

3.Article IX: For the Republic of Guatemala, youthful offenders are unindictable.

Appointed the Corte de Suprema de Justicia de la República de Guatemala  as the Central Authority. (March 1, 2006)

 

10.-Paraguay:

On August 12, 2004, Paraguay appointed the Ministerio de Justicia y Trabajo - Subsecretaría de Estado de Justicia (Dirección General de Justicia), as the central authority to perform the functions described in article IX of the Inter-American Convention on Serving Criminal Sentences Abroad.

Address: Herrera esquina Paraguari, Asunción, Paraguay

Telephone: (595) 21-451-246

E-mail: [email protected]

 

11.-El Salvador

On December 18, 2007, El Salvador appointed the Dirección General de Centros Penales del Ministerio de Seguridad Pública y Justicia as the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad.

 

12.- Ecuador

On September 27, 2010, Ecuador appointed the "Ministerio de de Justicia, Derechos Humanos y Cultos" as the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad.

 

13.- Belize

On July 29, 2011, Belize informed on the designation of the “Attorney General's Ministry” as the Central Authority for the purpose of the Inter-American Convention on Serving Criminal Sentences Abroad.

On November 14, 2022, the Permanent Mission of Belize to the OAS informed the depository of the designation of the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad, in accordance with its article XI.

 

14.- Czech Republic

On October 13, 2011, Czech Republic deposited the instrument of accession to the Inter-American Convention on Serving Criminal Sentences Abroad with declaration.

 

On October 20, 2014, the Czech Republic deposited with the General Secretariat a document which contains the instrument withdrawing the reservation to article XVI of the said Convention.

 

15. - India

On May 5, 2014, India informed on the designation of the "Centre State Division of the Ministry of Home Affairs, Government of India" as the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad.

On May 5, 2014, India deposited the instrument of accession to the Inter-American Convention on Serving Criminal Sentences Abroad. The instrument contains some declarations.

 

16. - Kingdom of Saudi Arabia

On July 8, 2011, the Kingdom of Saudi Arabia  informed on the designation of the "Minister of the Interior of the Kingdom of Saudi Arabia" as the Central Authority for the purpose of the Inter-American Convention on Serving Criminal Sentences Abroad.

 

17. - Argentina

(Provided information in accordance with ARTICLE XI)

On November 10, 2014, Argentina deposited the instrument of accession to the Inter-American Convention on Serving Criminal Sentences Abroad. Argentina also reported on the designation of the “Dirección Nacional de Cooperación Internacional Jurídica y en Sistema Judiciales del Ministerio de Justicia y Derechos Humanos de la República Argentina” as the central authority designated to perform the functions provided in the Convention, in accordance with its Article XI.

 

18. - Kazakhstan

On November 6, 2015, Kazakhstan reported on the designation of the "Prosecutor General’s Office of the Republic of Kazakhstan (Department for International Cooperation)" as the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad.

 

19. - Slovak Republic

On April 18, 2016, Slovak Republic reported on the designation of the "Ministry of Justice of the Slovak Republic, Directorate General of International Law" as the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad.

On April 18, 2016, Slovak Republic deposited the instrument of accession to the Inter-American Convention on Serving Criminal Sentences Abroad. The instrument contains some declarations.

 

20. - Panama

On April 20, 2017, the Republic of Panama reported on the designation of the "Dirección de Asuntos Jurídicos y Tratados” of the Ministry of External Relations as the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad.

 

On February 28, 2022, Panama informed the depository on the designation of the "Departamento de Asuntos Jurídicos Internacionales y Tratados del Ministerio de Relaciones Exteriores" as the Central Authority for the purpose of the Inter-American Convention on Letters Rogatory, the Inter-American Convention on the Taking of Evidence Abroad and the Inter-American Convention on Serving Criminal Sentences Abroad.

   
 

21. - Suriname

On August 28, 2018, Suriname deposited the instrument of ratification to the Inter-American Convention on Serving Criminal Sentence Abroad of 1993, through a note addressed to the Secretary General of the Organization, Luis Almagro (note PVOAS-SUR/349/18). The instrument of ratification contains some reservations and it designates “the Attorney General at the Court of Justice" as the central authority competent to carry out the functions entrusted to in the Convention.

Reservations in relation to Article V paragraph 7 of the Convention:
1. The sentencing State shall produce a certified copy of the final judgment which has become final
2. The sentencing State shall ensure that a copy, translated into the Dutch language, is also attached to the transfer documents of this Judgement;
3. With respect to Article VIII regarding the full jurisdiction corresponding with the measures that must be taken immediately in Suriname, the Roman-Germanic law is applicable; and,
4. Based on the Decree on Extradition of the Republic of Suriname (S.B. 1983 no. 52) nationals with the Surinamese nationality shall not be extradited.

 

22. - Ukraine

On December 11, 2020, Ukraine deposited the instrument of accession to the Convention on Serving criminal sentences abroad at the OAS headquarters, in Washington, D.C. United States. At the occasion the Government of Ukraine reported on the designation of the "Minister of Justice of Ukraine" as the central authority for the purpose of the Convention.

 

23. - Mongolia

On November 17, 2022, Mongolia deposited the instrument of accession of the “Inter-American Convention on Serving Criminal Sentences Abroad”, at the OAS headquarters, in Washington, D.C., United States.  

 

24. - Qatar

On March 5, 2024, Qatar deposited the instrument of accession of the “Inter-American Convention on Serving Criminal Sentences Abroad”, at the OAS headquarters, in Washington, D.C., United States. The instrument contains the following declaration and reservation:

Declaration:
      The State of Qatar declares that the approval of the transfer of the sentenced individual is conditional on the payment of fines and damages issued by a court ruling.

Reservation:
      The State of Qatar does not deem itself obliged to the regulations of item (9) of Article V of the Convention pertaining to being responsible for the expense of the transfer of the sentence persons from the State of Qatar, unless otherwise stipulated by the Qatari laws.

 

 

 

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