| CONVENTION (1) OF 1936 FOR THE SUPPRESSION OF THE ILLICIT TRAFFIC IN DANGEROUS DRUGS. SIGNED AT GENEVA, JUNE 26TH, 1936. |
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No. 4648.- CONVENTION (1) OF 1936 FOR THE SUPPRESSION OF THE ILLICIT TRAFFIC IN DANGEROUS DRUGS. SIGNED AT GENEVA, JUNE 26TH, 1936. THE FEDERAL PRESIDENT OF AUSTRIA; HIS MAJESTY THE KING OF THE BELGIANS; THE, PRESIDENT OF THE REPUBLIC OF THE UNITED STATES OF BRAZIL; HIS MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA; HIS MAJESTY THE KING OF THE BULGARIANS; THE PRESIDENT OF THE NATIONAL GOVERNMENT OF THE REPUBLIC OF CHINA; THE PRESIDENT OF THE REPUBLIC OF COLOMBIA; THE PRESIDENT OF THE REPUBLIC OF CUBA; HIS MAJESTY THE KING OF DENMARK AND ICELAND; HIS MAJESTY THE KING OF EGYPT; THE OFFICIAL ENTRUSTED WITH THE SUPREME POWER OF THE REPUBLIC OF ECUADOR; THE PRESIDENT OF THE SPANISH REPUBLIC; THE PRESIDENT OF THE REPUBLIC OF ESTONIA; THE PRESIDENT OF THE FRENCH REPUBLIC; HIS MAJESTY THE KING OF THE HELLENES, THE PRESIDENT OF THE REPUBLIC OF HONDURAS. HIS SERENE HIGHNESS THE REGENT OF THE KINGDOM OF HUNGARY; HIS MAJESTY THE EMPEROR OF JAPAN; THE PRESIDENT OF THE UNITED STATES OF MEXICO; HIS SERENE HIGHNESS THE PRINCE OF MONACO; THE PRESIDENT OF THE REPUBLIC OF PANAMA; HER MAJESTY THE QUEEN OF THE NETHERLANDS; THE PRESIDENT OF THE REPUBLIC OF POLAND; THE PRESIDENT OF THE PORTUGUESE REPUBLIC; HIS MAJESTY THE KING OF ROUMANIA; THE SWISS FEDERAL COUNCIL; THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC; THE CENTRAL EXECUTIVE COMMITTEE OF THE UNION OF SOVIET SOCIALIST REPUBLICS; THE PRESIDENT OF THE REPUBLIC OF URUGUAY; THE PRESIDENT OF THE UNITED STATES OF VENEZUELA, Having resolved, on the one hand, to strengthen the measures intended to penalise offences contrary to the provisions of the International Opium Convention (2) signed at The Hague on January 23rd, 1912, the Geneva Convention (1) of February 19th, 1925, and the Convention (2) for limiting the Manufacture and regulating the Distribution of Narcotic Drugs signed at Geneva on July 13th, 1931, and, on the other hand, to combat by the methods most effective in the present circumstances the illicit traffic in the drugs and substances covered by the above Conventions, (1) Ratifications deposited in Geneva: INDIA ..............................August 4th, 1937. The French Government does not assume any obligations as regards its Colonies or Protectorates or the Territories placed under its mandate. EGYPT...............................January 29th, 1940. Accessions: GUATEMALA...........................August 2nd, 1938. (2) Vol. VIII, pages 187, 236 and following; Vol. XI, page Have appointed as their Plenipotentiaries: THE FEDERAL PRESIDENT OF AUSTRIA : M. Emerich PFLšGL, Permanent Representative to the League
of Dr. Bruno SCHULTZ, former Vice-President of the Vienna HIS MAJESTY THE KING OF THE BELGIANS: M. Maurice BOURQUIN, Legal Adviser of the Ministry of Foreign THE PRESIDENT OF THE REPUBLIC OF THE UNITED STATES OF BRAZIL: M. Jorge LATOUR, Secretary of Legation. HIS MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE FOR GREAT BRITAIN AND NORTHERN IRELAND AND ALL PARTS OF THE Oscar Follett DOWSON, Esq., C.B.E, Legal Adviser to the Home Major William Hewett COLES, D.S.O., Representative of the FOR THE DOMINION OF CANADA: Colonel C. H. L. SHARMAN, C.M.G., C.B.E., Chief of the FOR INDIA: Gordon Sidey HARDY, Esq., C.I.E., I.C.S., Vice-Chairman of HIS MAJESTY THE KING OF THE BULGARIANS: M. Nicolas MOMTCHILOFF, Permanent Delegate to the League of (1) Vol. LXXXI, page 317; Vol. LXXXVIII, page 390; Vol.
XCII, (2) Vol. CXXXIX, page 301; Vol. CXLVII, page 361; Vol.
CLII, THE PRESIDENT OF THE NATIONAL GOVERNMENT OF THE REPUBLIC OF Dr, Hoo Chi-Tsai, Director of the Permanent Office of the THE PRESIDENT OF THE REPUBLIC OF COLOMBIA: M. Rafael GUIZADO, Secretary of the Permanent Delegation to THE PRESIDENT OF THE REPUBLIC OF CUBA: M. Guillermo de BLANCK, Permanent Delegate to the League of HIS MAJESTY THE KING OF DENMARK AND ICELAND: M. William BORBERG, Permanent Delegate to the League of HIS MAJESTY THE KING OF EGYPT: M. Edgar GORRA, Royal Adviser, "Directeur du contentieux
de THE OFFICIAL ENTRUSTED WITH THE SUPREME POWER OF THE REPUBLIC M. Alejandro GASTELU CONCHA, Secretary of the Permanent THE PRESIDENT OF THE SPANISH REPUBLIC: M. Julio CASARES Y SANCHEZ, Head of Section at the Ministry THE PRESIDENT OF THE REPUBLIC OF ESTONIA: M. Johannes KODAR, Permanent Delegate a.i. to the League of THE PRESIDENT OF THE FRENCH REPUBLIC: M. VERCHERE DE REFFYE, Minister Plenipotentiary, "
Sous- M. Gaston BOURGOIS, Consul-General of France. HIS MAJESTY THE KING OF THE HELLENES: M. Raoul BIBICA-ROSETTI, Permanent Delegate to the League of M. Alexandre CONTOUMAS, First Secretary of the Permanent THE PRESIDENT OF THE REPUBLIC OF HONDURAS: Dr. Julián LOPEZ PINEDA, Permanent Delegate to the League of HIS SERENE HIGHNESS THE REGENT OF THE KINGDOM OF HUNGARY: M. László DE VELICS, Chief of the Royal Delegation to the HIS MAJESTY THE EMPEROR OF JAPAN: M. Massa-aki HOTTA, Envoy Extraordinary and Minister THE PRESIDENT OF THE UNITED STATES OF MEXICO: M. Manuel TELLO, Secretary of the Permanent Delegation to the HIS SERENE HIGHNESS THE PRINCE OF MONACO: M. Xavier-John RAISIN, Consul-General at Geneva. THE PRESIDENT OF THE REPUBLIC OF PANAMA: Dr. Ernesto HOFFMANN, Permanent Delegate to the League of HER MAJESTY THE QUEEN OF THE NETHERLANDS: M. J. H. DELGORGE, Adviser of the Netherlands Government on Jonkheer G. BEELAERTS VAN BLOKLAND, Assistant Editor to the THE PRESIDENT OF THE REPUBLIC OF POLAND: Dr. Witold CHODZKO, Former Minister of Public Health, THE PRESIDENT OF THE PORTUGUESE REPUBLIC: Dr. Augusto DE VASCONCELLOS, Permanent Delegate to the League Professor José CAEIRO DA MATTA, Rector of the University of HIS MAJESTY THE KING OF ROUMANIA: M. Constantin ANTONIADE, Envoy Extraordinary and Minister THE SWISS FEDERAL COUNCIL: M. Camille GORGE, Counsellor of Legation, Chief of the League THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC: Dr. Antonín KOUKAL, Adviser at the Ministry of Justice. THE CENTRAL EXECUTIVE COMMITTEE OF THE UNION OF SOVIET M. Georges LACHKEVITCH, Legal Adviser at the People's THE PRESIDENT OF THE REPUBLIC OF URUGUAY: M. Victor BENAVIDES, Envoy Extraordinary and Minister Dr. Alfredo DE CASTRO, Envoy Extraordinary and Minister THE PRESIDENT OF THE UNITED STATES OF VENEZUELA: M. Manuel AROCHA, Permanent Delegate to the League of Who, having produced their full powers, found in good and due form, have agreed on the following provisions: Article I. I. In the present Convention, " narcotic drugs " shall be deemed to mean the drugs and substances to which the provisions of the Hague Convention of January 23rd, 1912, and the Geneva Conventions of February 19th, 1925, and July 13th, 1931, are now or hereafter may be applicable. 2. For the purposes of the present Convention, the word " extraction " connotes an operation whereby a narcotic drug is separated from the substance or compound of which it forms part without involving any actual manufacture or conversion properly so called. This definition of the word " extraction " is not intended to include the processes whereby raw opium is obtained from the opium poppy, these being covered by the term " production ". Article 2. Each of the High Contracting Parties agrees to make the necessary legislative provisions for severely punishing, particularly by imprisonment or other penalties of deprivation of liberty, the following acts-namely: (a) The manufacture, conversion, extraction, preparation, possession, offering, offering for sale, distribution, purchase, sale, delivery on any terms whatsoever, brokage, despatch, despatch in transit, transport, importation and exportation of narcotic drugs, contrary to the provisions of the said Conventions; (b) Intentional participation in the offences specified in this Article; (c) Conspiracy to commit any of the above-mentioned offences; (d) Attempts, and subject to the conditions prescribed by national law, preparatory acts. Article 3. The High Contracting Parties who possess extra-territorial jurisdiction in the territory of another High Contracting Party undertake to enact the necessary legislative provisions for punishing such of their nationals as are guilty within that territory of any offence specified in Article 2 at least as severely as if the offence had been committed in their own territory. Article 4. Each of the acts specified in Article 2 shall, if committed in different countries, be considered as a distinct offence. Article 5. The High Contracting Parties, whose national law regulates cultivation, gathering and production with a view to obtaining narcotic drugs, shall likewise make severely punishable contraventions thereof. Article 6. In countries where the principle of the international recognition of previous convictions is recognised, foreign convictions for the offences referred to in Article 2 shall, subject to the conditions prescribed by the domestic law, be recognised for the purpose of establishing habitual criminality. Article 7. I. In countries where the principle of the extradition of nationals is not recognised, nationals who have returned to the territory of their own country, after the commission abroad of any of the offences referred to in Article 2, shall be prosecuted and punished in the same manner as if the offence had been committed in the the said territory, even in a case where the offender has acquired his nationality after the commission of the offence. 2. This provision does not apply if, in a similar case, the extradition of a foreigner cannot be granted. Article 8. Foreigners who are in the territory of a High Contracting Party and who have committed abroad any of the offences set out in Article 2 shall be prosecuted and punished as though the offence had been committed in that territory if the following conditions are realised-namely, that: (a) Extradition has been requested and could not be granted for a reason independent of the offence itself; (b) The law of the country of refuge considers prosecution for offences committed abroad by foreigners admissible as a general rule. Article 9. I. The offences set out in Article 2 shall be deemed to be included as extradition crimes in any extradition treaty which has been or may hereafter be concluded between any of the High Contracting Parties. 2. The High Contracting Parties who do not make extradition conditional on the existence of a treaty or on reciprocity shall as between themselves recognise the offences referred to above as extradition crimes. 3. Extradition shall be granted in conformity with the law of the country to which application is made. 4. The High Contracting Party to whom application for extradition is made shall, in all cases, have the right to refuse to effect the arrest or to grant the extradition of a fugitive offender if his competent authorities consider that the offence of which the fugitive offender is accused or convicted is not sufficiently serious. Article 10. Any narcotic drugs as well as any substances and instruments intended for the commission of any of the offences referred to in Article 2 shall be liable to seizure and confiscation. Article II . I. Each of the High Contracting Parties shall set up, within the framework of its domestic law, a central office for the supervision and co-ordination of all operations necessary to prevent the offences specified in Article 2, and for ensuring that steps are taken to prosecute persons guilty of such offences. 2. This central office: (a) Shall be in close contact with other official institutions or bodies dealing with narcotic drugs; (b) Shall centralise all information of a nature to facilitate the investigation and prevention of the offences specified in Article 2; (c) Shall be in close contact with and may correspond direct with the central offices of other countries, 3. Where the Government of a High Contracting Party is federal in character, or where, the executive authority of its Government is distributed between central and local Governments the supervision and co-ordination specified in paragraph I and the execution of the functions specified in (a) and (b) of paragraph 2 shall be carried out in conformity with the constitutional or administrative system thereof. 4. Where the present Convention has been applied to any territory by virtue of Article 18, the requirements of the present Article may be carried out by means of a central office set up in or for that territory acting in conjunction, if necessary, with the central office in the metropolitan territory concerned. 5. The powers and the functions of the central office may be delegated to the special administration referred to in Article 15 of the Convention for limiting the Manufacture and regulating the Distribution of Narcotic Drugs of 1931. Article 12. I. The central office shall co-operate with the central offices of foreign countries to the greatest extent possible, in order to facilitate the prevention and punishment of the offences specified in Article 2. 2. The office shall, so far as it thinks expedient, communicate to the central office of any country which may be concerned: (a) Particulars which would make it possible to carry out any investigations or operations relating to any transactions in progress or proposed; (b) Any particulars which it has been able to secure regarding the identity and the description of traffickers with a view to supervising their movements; (c) Discoveries of secret factories of narcotic drugs. Article 13. I. The transmission of letters of request relating to the offences referred to in Article 2 shall be effected: (a) Preferably by direct communication between the competent authorities of each country or through the central offices, or (b) By direct correspondence between the Ministers of Justice of the two countries or by direct communication from another competent authority of the country making the request to the Minister of Justice of the country to which the request is made, or (c) Through the diplomatic or consular representative of the country making the request in the country to which the request is made. For this purpose, the letters of request shall be sent by such representative to the authority designated by the country to which the request is made. 2. Each High Contracting Party may, by communication to the other High Contracting Parties, express its desire that letters of request to be executed within its territory should be sent to it through the diplomatic channel. 3. In case (c) of paragraph I, a copy of the letter of request shall at the same time be sent by the diplomatic or consular representative of the country making the request to the Minister for Foreign Affairs of the country to which application is made. 4. Unless otherwise agreed, the letter of request shall be drawn up in the language of the authority to which request is made or in a language agreed upon by the two countries concerned. 5. Each High Contracting Party shall notify to each of the other High Contracting Parties the method or methods, of transmission mentioned above which it will recognise for the letters of request of the latter High Contracting Party. 6. Until such notification is made by a High Contracting Party, its existing procedure in regard to letters of request shall remain in force. 7. The execution of letters of request shall not be subject to payment of taxes or expenses other than the expenses of experts. 8. Nothing in the present Article shall be construed as an undertaking on the part of the High Contracting Parties to adopt in criminal matters any form or methods of proof contrary to their laws or to execute letters of request otherwise than within the limits of their laws. Article 14. The participation of a High Contracting Party in the present Convention shall not be interpreted as affecting that Party's attitude on the general question of criminal jurisdiction as a question of international law. Article 15. The present Convention does not affect the principle that the offences referred to in Articles 2 and 5 shall in each country be defined, prosecuted and punished in conformity with the general rules of its domestic law. Article 16. The High Contracting Parties shall communicate to one another through the Secretary-General of the League of Nations the laws and regulations promulgated in order to give effect to the present Convention, and also an annual report on the working of the Convention in their territories. Article 17. If there should arise between the High Contracting Parties a dispute of any kind relating to the interpretation or application of the present Convention, and if such dispute cannot be satisfactorily settled by diplomacy, it shall be settled in accordance with any applicable agreements in force between the Parties providing for the settlelment of international disputes. In case there is no such agreement in force between the Parties, the dispute shall be referred to arbitration or judicial settlement. In the absence of agreement on the choice of another tribunal, the dispute shall, at the request of any one of the Parties, be referred to the Permanent Court of International Justice, if all the Parties to the dispute are Parties to the Protocol (1) of December 16th, 1920, relating to the Statute of that Court, and, if any of the Parties to the dispute is not a Party to the Protocol of December 16th 1920, to an arbitral tribunal constituted in accordance with the Hague Convention (2) of October 18th, 1907, for the Pacific Settlement of International Disputes. Article 18. I. Any High Contracting Party may at the time of signature, ratification or accession, declare that, in accepting the present Convention, he does not assume any obligation in respect of all or any of his colonies, protectorates, overseas territories or territories under suzerainty or mandate, and the present Convention shall not apply to any territories named in such declaration. 2. Any High Contracting Party may give notice to the Secretary-General of the League of Nations at any time subsequently that he declares that the Convention shall apply to all or any of his territories which have been made the subject of a declaration under the preceding paragraph, and the Convention shall apply to all the territories named in such notice ninety days after its receipt by the Secretary- General of the League of Nations. 3. Any High Contracting Party may, at any time after the expiration of the period of five years mentioned in Article 21 declare that he desires that the present Convention shall cease to apply to all or any of his colonies, protectorates and overseas territories or territories under suzerainty or mandate, and the Convention shall cease to apply to the territories named in such declaration one year after its receipt by the Secretary-General of the League of Nations. (1) Vol. VI, page 379; Vol. XI, page 405; Vol. XV, page 305; (2) British and Foreign State Papers. Vol. 100, page 298. 4, The Secretary-General shall communicate to all the Members of the League and to the non-member States mentioned in Article 19 all declarations and notices received in virtue of this Article. Article 19. The present Convention, of which the French and English texts shall both be equally authoritative, shall bear this day's date, and shall, until December 31st, 1936, be open for signature on behalf of any Member of the League of Nations, or of any non-member State which received an invitation to the Conference which drew up the present Convention, or to which the Council of the League of Nations shall have communicated a copy of the Convention for this purpose. Article 20. The present Convention shall be ratified. The instruments of ratification shall be transmitted to the Secretary-General of the League of Nations, who shall notify their receipt to all Members of the League and to the non-member States referred to in the preceding Article. Article 21. I. As from January 1st, 1937 the present Convention shall be open to accession on behalf of any Member of the League of Nations or any non-member State mentioned in Article 19. 2. The instruments of accession shall be transmitted to the Secretary-General of the League of Nations, who shall notify their receipt to all the Members of the League and to the non-member States mentioned in that Article. Article 22. The present Convention shall come into force ninety days after the Secretary-General of the League of Nations has received the ratifications or accessions of ten Members of the League of Nations or non-member States. It shall be registered on that date by the Secretary-General of the League of Nations. Article 23. Ratifications or accessions received after the deposit of the tenth ratification or accession shall take effect as from the expiration of a period of ninety days from the date of their receipt by the Secretary-General of the League of Nations. Article 24. I. After the expiration of five years from the date of the coming into force of the present Convention, it may be denounced by an instrument in writing, deposited with the Secretary-General of the League of Nations. The denunciation shall take effect one year after the date of its receipt by the Secretary-General of the League of Nations and shall operate only as regards the Member of the League or non- member State on whose behalf it has been deposited. 2. The Secretary-General shall notify all the Members of the League and the non-member States mentioned in Article 19 of any denunciations received. 3. If, as a result of simultaneous or successive
denunciations, the number of Members of the League and non-
member States bound by the present Convention is reduced to less
than ten, the Convention shall cease to be in force as from the
date on which the last of such denunciations shall take effect in
accordance with the provisions of this Article 25. A request for the revision of the present Convention may at any time be made by any Member of the League of Nations or non-member State bound by this Convention by means of a notice addressed to the Secretary-General of the League of Nations. Such notice shall be communicate by the Secretary- General to the other Members of the League of Nations or non- member State bound by this Convention, and, if endorsed by not less than one-third of them, the High Contracting Parties agree to meet for the purpose of revising the Convention. Egypte: Edgar GORRA Egypt: Equateur: Alex GASTELU Ecuador: Espagne: Julio CASARES Spain: Estonie: J. KODAR Estonia: France: P. DE REFFYE Honduras J. LOPEZ PINEDA Honduras: Hongrie: Sous réserve de Hungary: Japon: Massa-aki HOTTA Japan: Mexique: Manuel TELLO. Mexico: Monaco: Xavier RAISIN. Monaco: Panama: and referendum: Pays-Bas: DELGORGE The Netherlands: Pologne: CHODZKO Poland: Portugal: Augusto DE Portugal: Roumanie: C. ANTONIADE Roumania: Suisse: C. GORGE Switzerland: Thécoslovaquie: Dr. Antonín KOUKAL Czechoslovakia: Union des Républiques Uruguay: V. BENAVIDES Venezuela: ad referendum: AROCHA Venezuela: Declarations and Reservations (Unless otherwise indicated, the declarations and reservations were made upon ratification or accession.) CUBA The Revolutionary Government of the Republic of Cuba expressly reserves its position on the provisions of article 17 of the Convention, being ready to settle any dispute which may arise on the interpretation or application of the Convention bilaterally, by means of diplomatic consultations. ITALY ... In exercise of the right accorded to it by article 13, paragraph 2, of the said Convention, the Government of Italy desires that, in the case of letters of request concernig narcotic drugs, the procedure hitherto followed inprevious relations with the other Contracting States, should continue to be used and, failing that the diplomatic channel, provided, however, that the method specified in article 13, paragraph 1, sub-paragraph (c) should be adopted in cases of emergency. MEXICO In accepting the provisions of article 11 and 12, of this Conventions the Government of the United States of Mexico wishes to state explicitly that its Central Office will exercise the powers granted to it by the said Convention unless such powers have been expressly conferred by the General Constitution of the Republic on an agency of a constituent State, being an agency established before the date of the entry into force of this Convention, and that the Government of the United States of Mexico reserves the right to impose in its territory -as it has already done- measures more severe than these laid down by the Convention itself, for the restriction of the cultivation or the manufacture extraction, possession, offering for sale, importation or exportation of or traffic in the drugs to which the present Convention refers. NOTES 1/ See note concernig signatures, ratifications, accessions, etc., on behalf of china (note 2 in chapter I.4) 2/ The instrument of ratification stipulates that the Convention and protocol of signature will be applicable to the kingdom in Europe, Surinam and the Netherlands New Guinea. In a communication received on 4 August 1960, the government of the Netherlands notified the Secretary-General that the Convention will be applicable to the Netherlands Antilles. The ratification was made subject to the reservation recorded in the protocol of Signature annexed to the convention; for the text of that reservation see United Nations. Treaty Series, vol 327, p. 322. 3/ In a communication received on 14 December 1965, the Government of the kingdom of the Netherlands notified the Secretary-General of the denunciation of the Convention for the territory of the kingdom in Europe an the Terretories of Surinam and the Netherlands antilles. The denunciation took effect on 14 December 1966. 4/ Instrument of ratification of the unamended 1936 Convention. Spain, on behalf of which the Protocol of 11 December 1946 amending the Agreements, Conventions and Protocoles on narcotic drugs concluded at the augus on 23 January 1912, at Geneva on 11 February 1925, 19 February 1925 and 13 July 1931, at Sangkok on 27 November 1931 and at Geneva on 26 June 1936 was signed definitively on 26 September 1955 (see chapter VI. 1), has, as a result of the said definitive signature and of its ratification of the unamended 1936 Convention, become a party to the said Convention of 1936 as amended by the said Protocol of 1946. |