A-57: INTER-AMERICAN CONVENTION ON SERVING
CRIMINAL SENTENCES ABROAD
ADOPTED AT: MANAGUA, NICARAGUA
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.
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.