A-66: INTER-AMERICAN CONVENTION AGAINST TERRORISM
ADOPTED AT: Bridgetown, Barbados
MARC OF ADOPTION: Thirty-second regular session of the OAS General Assembly
ENTRY INTO FORCE: 07/10/2003
DEPOSITARY: OAS General Secretariat (original instrument and instruments of ratification)
GENERAL INFORMATION OF THE TREATY: A-66
Deplores that the member states have not been able to reach a consensus
on the definition of terrorism and its classification as an international
crime against humanity.
Considers that the Convention, despite the gaps therein, can be an
effective mechanism for the states of the Americas to pursue their struggle
against the crime of terrorism.
3. Expresses its conviction that it is necessary for the states to affirm their unwaivable political resolve to adhere strictly to the principles and provisions of the Convention.
Declares that the signing of this Convention does not entail acceptance
or approval of international instruments to which Ecuador is not a party.
Consequently, Ecuador will apply those instruments to which it is or may
become a party.
Mexico: Interpretative declaration upon signature in respect
of Article 15, paragraph 2: (June 3, 2002)
detriment to Mexico’s determination to combat all terrorist acts, methods,
and practices, it is my Government’s interpretation that the right to asylum
is part of international human rights law as referred to in paragraph 2 of
Article 15 of this Convention, since both Article 14 of the Universal
Declaration of Human Rights and Article XXVII of the American Declaration of
the Rights and Duties of Man embody the right of every person to seek and
receive asylum in foreign territory.
Accordingly, any request for cooperation made pursuant to this Convention will be decided on by my Government in accordance with the Convention, Mexico’s domestic laws, and other applicable international instruments.”
Interpretative declarations made when depositing the instrument of ratification (June 9, 2003)
“Without detriment to Mexico’s determination to combat all terrorist acts, methods, and practices, it is my Government’s interpretation that the right to asylum is part of international human rights law as referred to in paragraph 2 of Article 15 of this Convention, since both Article 14 of the Universal Declaration of Human Rights and Article XXVII of the American Declaration of the Rights and Duties of Man embody the right of every person to seek and receive asylum in foreign territory.”
“Mexico interprets Article 5, paragraph 2 of the Convention to mean that the measures to provide for the identification, freezing, seizure, or, where appropriate, confiscation of funds or other assets constituting the proceeds of, used to facilitate, or used or intended to finance the commission of the offenses referred to in Article 2, shall be taken, when it is a case of offenses committed outside the jurisdiction of the Mexican State, in accordance with domestic legislation and through the mutual legal assistance treaties referred to in Article 9 of the Convention.”
Venezuela: Declaration (January 28, 2004)
The República Bolivariana of Venezuela, according to article 2.2 of the Inter-American Convention against Terrorism declares that, in application of the Convention to Venezuela, the following treaties shall be deemed not to be included in article 2,1 of the Convention, until the said instruments enter into force for the República Bolivariana of Venezuela:
1. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973.
2. Convention on the Physical Protection of Nuclear Material, signed at Vienna on March 3, 1980.
3. Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988.
4. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988.
5. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988.
Chile: In depositing the instrument of ratification (on September 29, 2004), Chile issued the following statement:
“Without prejudice to the reiteration of its condemnation of all terrorist acts, methods, and practices, irrespective of motive, manner, or manifestation, and to its commitment to continuing to take all pertinent measures that may be necessary to combat such acts, the Government of Chile hereby declares that Article 13 of the Convention does not impair the right of the State granting asylum to characterize, pursuant to international law, the nature of the act giving rise to the request for asylum.”
United States of America: Deposit of Instrument of Ratification with understanding
On November 15, 2005, the United States of America deposited its instrument of ratification subject to the following understanding:
“The United States of America understands that the term “international humanitarian law” in paragraph 2 of article 15 of the Convention has the same substantive meaning as the law of war.”
Designation of Financial Intelligence Unit
On November 15, 2005, the United States, pursuant to article 4,1 of the Inter-American Convention against Terrorism, designated the Financial Crimes Enforcement Network (FinCEN), United States Department of Treasury, as its financial intelligence unit.
With respect to Article 2, subarticle 1, of the Inter-American Convention against Terrorism, the Guatemalan state, upon ratifying it, issues the following statement: “That in the application of the Inter-American Convention against Terrorism, Guatemala does not consider the following treaties to be included: Convention for the suppression of unlawful acts against the safety of maritime navigation, concluded in Rome on March 10, 1988, and the Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf, concluded in Rome on March 10, 1988. The statement will cease to be in effect, for each of the agreements indicated, as soon as each of them enters into effect for the state of Guatemala, which will so notify the depositary.”
Costa Rica: Deposit of Instrument of Ratification with Interpretative Declarations
On September 15, 2006, Costa Rica deposited its instrument of ratification with interpretative declarations:
Through Law No. 8446 of May 24, 2005, published in La Gaceta No. 119 of June 21, 2005, the Legislative Assembly adopted the Inter-American Convention against Terrorism, with the following interpretative declarations:
Article 2 of the Law adopting this Convention establishes that “The Republic of Costa Rica interprets the text to mean that the mechanisms and procedures established in this Convention for the offenses referred to in Article 2.1 shall be applicable to the extent that each of the acts described in the related conventions is defined as an offense in Costa Rican penal legislation”.
Article 3 of the Law adopting this Convention establishes that “Article 10.3 of this Convention should be construed in such a way that its provisions may not be used to evade, in any way, the extradition procedures established in the Extradition Law and in applicable treaties on this matter.”
Article 4 of the Law adopting this Convention establishes that “In conformity with the respect for human rights established in Article 15 of the same Convention and Article 31 of the Political Constitution, the provisions contained in Articles 11, 12, and 13 of this Convention should be construed in such a way that the Costa Rican State does not waive its right to evaluate a specific case in order to determine whether extradition, refugee status, or asylum proceeds, respectively.”
Pursuant to Articles 146 and 140.10 of the Political Constitution of the Republic,
Ratification by the Republic of Costa Rica of the Inter-American Convention against Terrorism with the aforementioned interpretative declarations.
IN WITNESS WHEREOF, this instrument of ratification is issued, signed by hand, stamped with the seal of the Nation, and countersigned by the Minister a.i. of Foreign Affairs and Worship, in the Office of the President of the Republic, in San José, on the tenth day of May in the year two thousand and six.
Colombia: Deposit of the instrument of
ratification, with declaration