- allow for conditional extradition on the condition that it is only for trial and that its
national be promptly returned after trial to its territory for service of any sentence within the
limits of the law of the Requested State, or
- allow for transfer/surrender, when it is permitted by domestic law, only for trail and on
the condition that its national be promptly returned after trial to its territory for service of any
sentence within the limits of the law of the Requested State, or
- apply the rule of "aut dedere, aut judicare" by, at the request of the Requesting
State, submitting the case to its competent authorities in order that proceedings may be taken if
they are considered appropriate.
- States should promote other techniques for mutual education that will facilitate mutual
assistance and extradition, such as language training, secondments and exchanges between
personnel in Central Authorities or between executing and requesting agencies.
Training courses, joint seminars and information exchange sessions should be encouraged on a
bilateral, regional and world wide basis.
- Consideration should also be given to posting in other States representatives of prosecuting
agencies or of judicial authorities.
- States should provide effective protection for individuals who have given or agreed to give
information or evidence, or who participate or who have agreed to participate in an investigation
or prosecution of an offence, and of the relatives and associates of those individuals who require
protection, because of risk to the security of the person.
- States should consider, as appropriate, reciprocal arrangements for the protection of witnesses
and other endangered persons.
- States should consider adopting appropriate measures to ensure the protection of witnesses
during criminal proceedings. These might include such methods as testifying by
telecommunications or limiting the disclosure of the address and identifying particulars of
witnesses.
Consideration should be given to the temporary transfer as witnesses of persons in custody
enlargement of the admissibility of written statements, and the use of modern technology, such
as video links, to overcome some of the current difficulties with obtaining the testimony of
witnesses located outside the prosecuting State.
- States should review their laws in order to ensure that abuses of modern technology
that are deserving of criminal sanctions are criminalized and that problems with respect to
jurisdiction, enforcement powers, investigation, training, crime prevention and international
cooperation in respect of such abuses are effectively addressed. Liaison between law
enforcement and prosecution personnel of different States should be improved, including the
sharing of experience in addressing these problems. States should promote study in this area and
negotiate arrangements and agreements to address the problem of technological crime and
investigation.
- States should take all other lawful steps available under domestic legislation, to ensure that
they do not provide safe havens for criminals.
- We commend the work does by Interpol and World Customs Organization calling upon these
organizations to maintain and develop their support for operational activity, facilitating as rapid
as possible as exchange of information between law enforcement agencies. We call upon them
to focus on a strategic overview of the methods of, and trends in, Transnational Organized Crime
for the benefit of all their member countries.
- In order to facilitate the work of law enforcement practitioners we will, on request, provide
brief guides on our respective legal systems and on the mandates of relevant
agencies.
- States should identify within their existing structures central contact points for the purpose of
facilitating contact between their operational agencies. It may be useful to locate these points in
liaison with the Interpol National Central Bureau.
- We stress the important contribution that liaison officers can make to the fight against
Transnational Organized Crime. We encourage States to make the most effective use possible of
their liaison officers in other countries and to consider additional postings. We stress the need
for liaison officers to have access, in accordance with the law of the host country, to all agencies
in that country with relevant responsibilities.
- We reiterate our condemnation of drug trafficking which is a major source of finance for
Transnational Organized Criminal Groups.
Therefore, we:
- reaffirm the importance of the three United Nations Conventions (1961, 1971 and 1988)
which are fundamental to action against illicit drugs,
call on all States to adopt and fully implement legislation in accordance with those
conventions,
- believe in the value of giving the widest publicity to information issued by official
international bodies, such as the International Narcotic Control Board, on illicit drug production,
trafficking and the proceeds of the illicit drug trade.
- will work in all relevant fora to prevent the diversion of chemical precursors used in illicit
drug production and take necessary steps to implement fully all relevant international
agreements,
- welcome and support implementation of the recommendations of United Nations
International Drug control Program working group on maritime cooperation.
- In order to ensure more effective transnational crime prevention, and foster public safety, we
will develop strategies to identify and combat the
illicit traffic in firearms.
In furtherance of this goal, and in support of the specific recommendations contained in the May
1995 resolution from the Ninth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders and the July 1995 United Nationals Economic and Social Council
resolution, we will, and encourage other States to, review existing firearms laws and regulations
to facilitate discussion at an international level.
We will promote information exchange among our relevant
law enforcement authorities.
We encourage States to enhance the exchange of information useful for law enforcement
purposes (e.g., data for the identification of illicit firearms and specific information on tests
conducted on firearms and ammunition which have been used in the course of criminal
activities.).
- States should ensure that immigration services play their part in the fight against
Transnational Organized Crime. We note the involvement of Transnational Organized Crime in
alien smuggling and call upon all States to enact legislation to criminalize such smuggling of
persons. Immigration services and other agencies should:
- exchange information on the transnational movement of organized criminals,
- have as full as possible an exchange of information on forged and stolen documents used by
traffickers,
- consider the most effective means for its communication.
We will take necessary steps to improve the quality of our travel documents. We encourage
other States to improve theirs and will assist them to do so.
- We support the exchange of law enforcement expertise regarding scientific and technological
developments such as advances in forensic sciences.
- We emphasize the relevance and effectiveness of techniques such as electronic surveillance,
undercover operations and controlled deliveries. We call upon States to review domestic
arrangements for those techniques and to facilitate international cooperation in these fields,
taking full account of human rights implications. We encourage States to exchange experiences
of their use.
- We emphasize the importance of giving the fullest possible protection to sensitive
information received from other countries.
The competent authorities of different States, should advise each other as to the requirements
regarding the disclosure of information in the course of judicial and administrative proceedings,
and discuss in advance potential difficulties
arising from those requirements.
A transmitting State may make conditions for the protection of sensitive information before
deciding whether to transmit it. A receiving State must abide by the conditions agreed with the
transmitting State.
- Building on current cooperative arrangements, the different agencies in our countries will
develop their work together in specific law enforcement projects targeted on Transnational
Organized Crime. We have formulated practical guidance on project-based action and commend
this approach to all States.
Project-based action involves bilateral multilateral priority setting, targeting, resourcing and
assessment of law enforcement operations drawing on the strength of the full range of competent
agencies.
- We welcome the Financial Action Task Force on Money Laundering to resolve to extend
criminalization of money laundering to other serious offences.
- States should consider adopting legislative measures for the confiscation or seizure of illicit
proceeds from drug trafficking and other serious offences, asset forfeiture, as required, and the
availability of provisional arrangements, such as the freezing or seizing of assets, always with
due respect for the interest of bona fide third parties. States should also consider the introduction
of arrangements for the equitable sharing of such forfeited assets.
- States should consider implementing measures to detect and monitor the physical
transportation of cash and bearer negotiable instruments at the border, subject to strict safeguards
to ensure proper use of information and without impeding in any way the freedom of legitimate
capital movements.
- States should adopt the necessary legislative and regulatory measures to combat corruption,
establish standards of good governance and legitimate commercial and financial conduct, and
develop cooperation mechanisms to curb corrupt practices.
- We agree to share information on practical anti-money laundering techniques and to draw on
the experience gained to adapt and improve national and international training activities in this
area, in conjunction with the action of the Financial Action Task Force on Money Laundering.
- In order to improve understanding and information on the detection of financial networks
linked to transnational organized crime ( in particular investments by Transnational Organized
Crime), we encourage States to take measures to gather financial information and , as much as
possible, facilitate the exchange of such information, including exchanges between law
enforcement agencies and regulatory bodies.
- We urge States to adhere to and fully implement existing relevant multilateral Conventions
whose provisions effectively contribute to the fight against all forms of Transnational Organized
Crime, in particular the Conventions concerning control of illicit drugs.
- We will keep under review the possibility of supplementing existing conventions and
adopting new instruments, in response to developing needs in the fight against Transnational
Organized Crime.
- We support and encourage the provision and reporting of clear and accessible information on
adhesion to and implementation of the main conventions.
- In order to avoid wasteful duplication and to ensure that limited resources are used to best
effect, we urge International Organisations to coordinate their work programmes and to
concentrate their efforts within their areas of competence on activities of practical value to
member States.
- We will work together in the governing bodies of International Organisations whenever
possible, in order to give more coherent impetus and coordination to the fight against
Transnational Organized Crime.
- We will seek to ensure that all International Organisations that play and effective role in the
fight against Transnational Organized Crime have adequate resources to fulfill their mandate.
We will also examine possibilities for providing appropriate financial resources for specific,
practical and viable projects developed by competent International Organisations.
Source: France, Ministère de l'Intérieur, 12 April 1996.
