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INTER-AMERICAN CONVENTION AGAINST TERRORISM
The
States Parties to this Convention,
BEARING IN MIND the purposes and principles of the Charter of the
Organization of American States and the Charter of the United Nations;
CONSIDERING that terrorism represents a serious threat to democratic
values and to international peace and security and is a cause of profound
concern to all member states; REAFFIRMING the need to adopt effective steps in the inter-American
system to prevent, punish, and eliminate terrorism through the broadest
cooperation;
RECOGNIZING that the serious economic harm to states which may result
from terrorist acts is one of the factors that underscore the need for
cooperation and the urgency of efforts to eradicate terrorism; REAFFIRMING the commitment of the states to prevent, combat, punish,
and eliminate terrorism; and BEARING IN MIND resolution RC.23/RES. 1/01 rev. 1 corr. 1,
�Strengthening Hemispheric Cooperation to Prevent, Combat, and Eliminate
Terrorism,� adopted at the Twenty-third Meeting of Consultation of Ministers
of Foreign Affairs, Have agreed to the
following:
Article
1
Object
and purposes
The purposes of this Convention are to prevent, punish, and eliminate
terrorism. To that end, the
states parties agree to adopt the necessary measures and to strengthen
cooperation among them, in accordance with the terms of this Convention.
Article
2
Applicable
international instruments
1.For the purposes of this Convention, "offenses" means the
offenses established in the international instruments listed below:
a.Convention for the Suppression of Unlawful Seizure of Aircraft, signed
at The Hague on December 16, 1970.
b.Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation, signed at Montreal on September 23, 1971.
c.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.
d.International Convention against the Taking of Hostages, adopted by the
General Assembly of the United Nations on December 17, 1979.
e.Convention on the Physical Protection of Nuclear Material, signed at
Vienna on March 3, 1980.
f.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.
g.Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation, done at Rome on March 10, 1988.
h.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.
i.International Convention for
the Suppression of Terrorist Bombings, adopted by the General Assembly of the
United Nations on December 15, 1997.
j.International Convention for
the Suppression of the Financing of Terrorism, adopted by the General Assembly
of the United Nations on December 9, 1999.
2.Upon depositing its instrument of ratification to this Convention, a
state party that is not a party to one or more of the international
instruments listed in paragraph 1 of this article may declare that, in
application of this Convention to such state party, that particular instrument
shall be deemed not to be included in that paragraph.
The declaration shall cease to have effect as soon as that instrument
enters into force for that state party, which shall notify the depositary of
this fact.
3.When a state party ceases to be a party to one of the international
instruments listed in paragraph 1 of this article, it may make a declaration,
as provided in paragraph 2 of this article, with respect to that instrument. Article 3
Domestic
measures Each state party, in accordance with the provisions of its constitution, shall endeavor to become a party to the international instruments listed in Article 2 to which it is not yet a party and to adopt the necessary measures to effectively implement such instruments, including establishing, in its domestic legislation, penalties for the offenses described therein. Article 4
Measures
to prevent, combat, and eradicate the financing of terrorism
1.Each state party, to the extent it has not already done so, shall
institute a legal and regulatory regime to prevent, combat, and eradicate the
financing of terrorism and for effective international cooperation with
respect thereto, which shall include:
a.A comprehensive domestic
regulatory and supervisory regime for banks, other financial institutions, and
other entities deemed particularly susceptible to being used for the financing
of terrorist activities. This regime shall emphasize requirements for customer
identification, record-keeping, and the reporting of suspicious or unusual
transactions.
b.Measures to detect and monitor
movements across borders of cash, bearer negotiable instruments, and other
appropriate movements of value. These
measures shall be subject to safeguards to ensure proper use of information
and should not impede legitimate capital movements.
c.Measures to ensure that the
competent authorities dedicated to combating the offenses established in the
international instruments listed in Article 2 have the ability to cooperate
and exchange information at the national and international levels within the
conditions prescribed under its domestic law.
To that end, each state party shall establish and maintain a financial
intelligence unit to serve as a national center for the collection, analysis,
and dissemination of pertinent money laundering and terrorist financing
information. Each state party
shall inform the Secretary General of the Organization of American States of
the authority designated to be its financial intelligence unit.
2.When implementing paragraph 1 of this article, states parties shall use
as guidelines the recommendations developed by specialized international and
regional entities, in particular the Financial Action Task Force and, as
appropriate, the Inter-American Drug Abuse Control Commission, the Caribbean
Financial Action Task Force, and the South American Financial Action Task
Force.
Article 5
Seizure and confiscation of funds or other
assets
1.Each state party shall, in accordance with the procedures established
in its domestic law, take such measures as may be necessary to provide for the
identification, freezing or seizure for the purposes of possible forfeiture,
and confiscation or forfeiture, of any funds or other assets constituting the
proceeds of, used to facilitate, or used or intended to finance, the
commission of any of the offenses established in the international instruments
listed in Article 2 of this Convention. 2.The measures referred to in paragraph 1 shall apply to offenses committed both within and outside the jurisdiction of the state party.
Article
6
Predicate
offenses to money laundering
1.Each state party shall take the necessary measures to ensure that its
domestic penal money laundering legislation also includes as predicate
offenses those offenses established in the international instruments listed in
Article 2 of this Convention. 2.The money laundering predicate offenses referred to in paragraph 1 shall include those committed both within and outside the jurisdiction of the state party.
Article 7
Cooperation on border controls
1.The states parties, consistent with their respective domestic legal and
administrative regimes, shall promote cooperation and the exchange of
information in order to improve border and customs control measures to detect
and prevent the international movement of terrorists and trafficking in arms
or other materials intended to support terrorist activities.
2.In this context, they shall promote cooperation and the exchange of
information to improve their controls on the issuance of travel and identity
documents and to prevent their counterfeiting, forgery, or fraudulent use.
3.Such measures shall be carried out without prejudice to applicable
international commitments in relation to the free movement of people and the
facilitation of commerce. Article 8
Cooperation among law
enforcement authorities
The states parties shall work
closely with one another, consistent with their respective domestic legal and
administrative systems, to enhance the effectiveness of law enforcement action
to combat the offenses established in the international instruments listed in
Article 2. In this context, they
shall establish and enhance, where necessary, channels of communication
between their competent authorities in order to facilitate the secure and
rapid exchange of information concerning all aspects of the offenses
established in the international instruments listed in Article 2 of this
Convention.
Article 9
Mutual legal
assistance
The states parties shall afford one another the greatest measure of
expeditious mutual legal assistance with respect to the prevention,
investigation, and prosecution of the offenses established in the
international instruments listed in Article 2 and proceedings related thereto,
in accordance with applicable international agreements in force.
In the absence of such agreements, states parties shall afford one
another expeditious assistance in accordance with their domestic law.
Article
10
Transfer
of persons in custody
1.A person who is being detained or is serving a sentence in the
territory of one state party and whose presence in another state party is
requested for purposes of identification, testimony, or otherwise providing
assistance in obtaining evidence for the investigation or prosecution of
offenses established in the international instruments listed in Article 2 may
be transferred if the following conditions are met:
a.The person freely gives his or
her informed consent; and
b.Both states agree, subject to
such conditions as those states may deem appropriate.
2.For the purposes of this article: a.The state to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the state from which the person was transferred.
b.The state to which the person
is transferred shall without delay implement its obligation to return the
person to the custody of the state from which the person was transferred as
agreed beforehand, or as otherwise agreed, by the competent authorities of
both states.
c.The state to which the person
is transferred shall not require the state from which the person was
transferred to initiate extradition proceedings for the return of the person.
d.The person transferred shall receive, for time spent in the custody of
the state to which he or she was transferred, credit toward service of the
sentence being served in the state from which he or she was transferred.
3.Unless the state party from which a person is to be transferred in
accordance with the present article so agrees, that person, whatever his or
her nationality, shall not be prosecuted or detained or subjected to any other
restriction of his or her personal liberty in the territory of the state to
which that person is transferred in respect of acts or convictions prior to
his or her departure from the territory of the state from which said person
was transferred. Article 11 Inapplicability of political offense exception
For the purposes of extradition or mutual legal assistance, none of the offenses established in the international instruments listed in Article 2 shall be regarded as a political offense or an offense connected with a political offense or an offense inspired by political motives. Accordingly, a request for extradition or mutual legal assistance may not be refused on the sole ground that it concerns a political offense or an offense connected with a political offense or an offense inspired by political motives.
Denial of
refugee status
Each state party shall take
appropriate measures, consistent with the relevant provisions of national and
international law, for the purpose of ensuring that refugee status is not
granted to any person in respect of whom there are serious reasons for
considering that he or she has committed an offense established in the
international instruments listed in Article 2 of this Convention. Article 13
Denial
of asylum
Each state party shall take
appropriate measures, consistent with the relevant provisions of national and
international law, for the purpose of ensuring that asylum is not granted to
any person in respect of whom there are reasonable grounds to believe that he
or she has committed an offense established in the international instruments
listed in Article 2 of this Convention. Article 14
Nondiscrimination
None of the provisions of this
Convention shall be interpreted as imposing an obligation to provide mutual
legal assistance if the requested state party has substantial grounds for
believing that the request has been made for the purpose of prosecuting or
punishing a person on account of that person�s race, religion, nationality,
ethnic origin, or political opinion, or that compliance with the request would
cause prejudice to that person�s position for any of these reasons.
Article
15
Human
rights
1.The measures carried out by the states parties under this Convention
shall take place with full respect for the rule of law, human rights, and
fundamental freedoms.
2.Nothing in this Convention shall be interpreted as affecting other
rights and obligations of states and individuals under international law, in
particular the Charter of the United Nations, the Charter of the Organization
of American States, international humanitarian law, international human rights
law, and international refugee law.
3.Any person who is taken into custody or regarding whom any other
measures are taken or proceedings are carried out pursuant to this Convention
shall be guaranteed fair treatment, including the enjoyment of all rights and
guarantees in conformity with the law of the state in the territory of which
that person is present and applicable provisions of international law.
Article 16
Training
1.The states parties shall promote technical cooperation and training
programs at the national, bilateral, subregional, and regional levels and in
the framework of the Organization of American States to strengthen the
national institutions responsible for compliance with the obligations assumed
under this Convention.
2.The states parties shall also promote, where appropriate, technical
cooperation and training programs with other regional and international
organizations conducting activities related to the purposes of this
Convention. Article 17
Cooperation
through the Organization of American States
The states parties shall encourage the
broadest cooperation within the pertinent organs of the Organization of
American States, including the Inter-American Committee against Terrorism
(CICTE), on matters related to the object and purposes of this Convention.
Article
18
Consultations
among the parties
1.The
states parties shall hold periodic meetings of consultation, as appropriate,
with a view to facilitating:
a.The full implementation of
this Convention, including the consideration of issues of interest relating
thereto identified by the states parties; and
b.The exchange of information
and experiences on effective means and methods to prevent, detect,
investigate, and punish terrorism.
2.The
Secretary General shall convene a meeting of consultation of the states
parties after receiving the 10th instrument of ratification.
Without prejudice to this, the states parties may hold consultations as
they consider appropriate.
3.The
states parties may request the pertinent organs of the Organization of
American States, including CICTE, to facilitate the consultations referred to
in the previous paragraphs and to provide other forms of assistance with
respect to the implementation of this Convention.
Article 19
Exercise
of jurisdiction
Nothing in this Convention entitles a state party to undertake in the
territory of another state party the exercise of jurisdiction or performance
of functions that are exclusively reserved to the authorities of that other
state party by its domestic law. Article 20
Depositary
The original instrument of
this Convention, the English, French, Portuguese, and Spanish texts of which
are equally authentic, shall be deposited with the General Secretariat of the
Organization of American States.
Article 21
Signature
and ratification
1.This Convention is open for signature by all member states of the
Organization of American States. 2.This Convention is subject to ratification by the signatory states in accordance with their respective constitutional procedures. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
Entry into force
1.This Convention shall enter into force on the 30th day following the
date of deposit of the sixth instrument of ratification of the Convention with
the General Secretariat of the Organization of American States.
2.For each state ratifying the Convention after deposit of the sixth
instrument of ratification, the Convention shall enter into force on the 30th
day following the deposit by such state of its instrument of ratification.
Article 23
Denunciation
1.Any state party may denounce this Convention by written notification to
the Secretary General of the Organization of American States.
Denunciation shall take effect one year following the date on which
notification is received by the Secretary General of the Organization. 2.Such denunciation shall not affect any requests for information or assistance made during the time the Convention is in force for the denouncing state. |
