Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

Article I

Objectives and Purposes

The Parties to this Convention agree to adopt the necessary measures for the prevention sanctioning and elimination of terrorism.  To this end they assume the commitment to strengthen international cooperation in order to develop coordinated actions that lead to the achievement of the proposed objectives.

Section 1

Objectives

Article 1

The purpose of this Convention is to prevent, punish, and eliminate terrorism, strengthening and coordinating close and effective cooperation among States Parties, developing and harmonizing national regulations to the greatest extent possible, and promoting the signing and ratification of, or accession to, the relevant international instruments.

Article 2

Actions and cooperation among states to combat terrorism pursuant to this Convention shall take place in the framework of full respect for human rights and, in particular, the American Convention on Human Rights, as well as respect for the sovereignty of states, the principle of nonintervention, and the enjoyment of the rights and performance of the duties of states embodied in the Charter of the Organization of American States.  In meeting the commitments assumed in this Convention, the States Parties must refrain from taking any discriminatory measures based on race, ethnic or national origin, nationality, religion, or culture.

Article I

Objectives and Purposes

The states parties agree to adopt any measures necessary to prevent, punish, and eliminate international terrorism. To that end, they commit themselves to strengthen international cooperation in carrying out coordinated activities to attain the proposed objectives.

Article 2

Scope of Application of the Convention

For the purposes of this Convention, terrorist acts are considered as being all threats or use of illegal violence, regardless of the motive, means and scope thereof, in order to generate widespread terror or alarm in all or part of the population, and which constitutes a serious hazard to the lives physical, material or moral integrity or freedom of persons.  Among others the following are considered as terrorist acts:

a) A serious attack against the life, physical, material or moral integrity or freedom of persons particularly those enjoying special international protection such as Chiefs of State, Heads of Government, Ministers and Diplomatic Representatives as well as members of the families thereof;

b) The use of explosive artifacts of any type whatsoever such as bombs, grenades, flares, letter-bombs or other objects and destructive weapons, among others;

c) Kidnapping and taking of hostages;

Section II

Scope Of Application

Article 3

For the purposes of this Convention, “act of terrorism” a terrorist act shall be considered any act, regardless of motive, means, or scope, especially any threat of violence or use of violence to intimidate or create insecurity or terror among the population of a State Party, through the following acts:

a) Attacks on the life, the physical, material, or moral well-being, or the freedom of individuals, in particular those who enjoy special international protection;

b) Causing of damage inter alia to public property, public areas, public or government facilities, embassies or diplomatic premises;

c)  Kidnapping and the taking of hostages;

d) Any act of violence that jeopardizes the safety and security of airports, ports, or terminals of any type;

e) The destruction, seizure, or control of an aircraft, vessel, or means of mass transit, or any other act that jeopardizes the safety and security thereof;

6. The use of explosive devices of any type;

Article 2

Scope of Application of the Convention

For the purposes of this Convention, “act of terrorism” is defined as any unlawful threat of or use of violence, regardless of motive, means, or scope, that is intended to generate widespread terror or alarm in all or part of the population, or to compel a government or an international organization to carry out or refrain from any act, and that seriously jeopardizes the life, the physical, material, or moral well-being, or the freedom of individuals.  The following shall be considered acts of terrorism:

a) A serious attack on the life, the physical, material, or moral well-being, or the freedom of individuals, in particular those who enjoy special international protection, such as heads of state, heads of government, ministers, diplomatic agents, and members of their families;

b) The use of explosive devices of any type, such as bombs, grenades, rockets, letter-bombs or exploding packages, and destructive weapons, among others;

c) Kidnapping and the taking of hostages;

d) The destruction, seizure, or control of an aircraft, vessel, or means of mass transportation that is in operation, or any other act jeopardizing the safety and security thereof;

e) Any act of violence that jeopardizes the safety and security of airports, ports, or terminals of any type serving air, maritime, or ground traffic;

d) The destruction or takeover of control of an aircraft, vessel, or means of mass transportation in movement, and other act constituting a threat to the safety and security thereof;

e) Acts of violence that threaten the safety and security of airports, ports, or terminals of any type that handle air, land, or sea traffic;

f) The illegal use of nuclear materials.

This Convention is also applicable to any attempts, complicity, direct or indirect participation and extortion connected with the acts described in this Article.

An aggravating factor will be taken as being terrorist acts perpetrated or covered by abuse of the diplomatic immunities and privileges enjoyed by the diplomatic representatives and the States.

g) The use of nuclear, chemical, or biological materials;

h) Extortion related to the crimes enumerated in this article.

i) Interference with communications to significantly disrupt financial, defense, or other systems.

Article 4

This Convention shall apply to threats, attempts, complicity, direct and indirect participation, instigation, concealment, and contributing in connection with the commission of one or more of the crimes described in Article 3, including activities carried out by legal entities.

Article 6 paragraph 2

….Las legislaciones nacionales de las Partes reconoceran como conducta agravante el abuso de las prerrogativas diplomaticas, para los efectos a que se contrae el articulo 4 de la presente Convencion.

6. The unlawful use of nuclear, chemical, biological, or other potentially lethal material.^1/

7. The provision or collection of funds by whatever means, directly or indirectly, illegally and deliberately, with the intent that they be used, or with the knowledge that they will be used, in all or in part, to commit an offense addressed in this Convention.^2/

8. The recruitment of individuals to commit an offense addressed in this Convention.

This Convention shall also apply to any attempt at, complicity in, direct or indirect participation in, or extortion related to the acts described in this article.

If such acts of terrorism are perpetrated or concealed through the abuse of the diplomatic privileges and immunities enjoyed by diplomatic representatives of the states, this shall be viewed as an aggravating factor.

Section IV

Jurisdiction

Article 25

This Section of the Convention shall not apply when the offense has been committed in a single State, and the victims and the alleged perpetrator are nationals of that State, and the alleged perpetrator is present in its territory, as long as this does not denote that State’s failure to investigate and sanction terrorist acts.

Article 3

Acts Excluded from the Scope of Application

This Convention shall not be applicable when the offense has been committed in a single state, the suspect and victims are nationals of that state, the suspect is in the territory of that state, and no other state is in a position to exercise jurisdiction under the provisions of paragraph 1 or paragraph 2 of Article 10 of this Convention, notwithstanding the applicability to these cases, where appropriate, of the provisions of Articles 6, 7, and 8.^3/

Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

Article 3

Domestic Measures

States Parties whose domestic legal arrangements do not cover the types of conduct described in the previous Article agree to typify such terrorist acts and establish severe penalties for such.  The Parties shall periodically advise the depository on the laws and regulations adopted for the application of this Convention.  The depository shall forward such information to the other Member States.

Section III - Strengthening and Coordination of Hemispheric Cooperation Against Terrorism

Chapter I

General Provisions

Article 6 – 1^st paragraph

States Parties to this Convention that have not addressed within their criminal laws the acts described in Article 3 agree to incorporate them as serious common crimes and to establish in their domestic laws the most severe penalties possible therefor.

Article 4

Domestic Measures

States parties that have not addressed within their legal systems the acts described in the preceding article agree to define as offenses such acts of terrorism and to establish severe penalties for those acts.

Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

Article 4

Extradition Treaties

The acts described in this Convention shall be considered as common crimes that give rise to extradition in all Treaties on this matter signed by the States Parties.  Should there be no Treaty this Convention shall be taken as the juridical basis for proceeding with such extradition.

Section II

Scope of Application

Article 5

The terrorist acts under this Convention shall be deemed to be serious common crimes and shall not be considered political offenses or political offenses related to a common crime, regardless of their motive.

Article 5

Extradition Treaties

The acts described in this Convention shall be considered extraditable common crimes under all treaties on this subject that have been or may be concluded by the states parties.  Should no such treaty exist, this Convention shall be taken as the legal basis for such extradition.

Article 5

Preparation and Planning of Terrorist Acts that could affect other Member States

The Member States agree to adopt all the measures necessary to prevent terrorists from preparing, organizing, or planning terrorist acts within their territories that could affect other States and intended for perpetration outside their territory.  Should a Member State have sufficient reason to consider that a crime is being prepared it should notify all the States that could be affected and provide all information and indications available thereto.

Article 6

Preparation and Planning of Terrorist Acts

That Could Affect Other Member States

The states parties agree to adopt all measures necessary to prevent the preparation, organization, or planning of acts of terrorism within their territories that could affect other states and are intended for perpetration outside their territory.  Should a state party have sufficient reason to believe that such an act is being prepared, as soon as possible it shall convey all the information and evidence it has to all states that could be affected.

Article 6

Exchange of Information and Other Cooperative Measures

The Member States agree to exchange all information available thereto and to coordinate the adoption of all types of cooperative measures in order to prevent terrorist acts being committed, as covered by this Convention.

Article 7

Exchange of Information and Other Cooperation Measures

The states parties agree to exchange all information they have and to coordinate the adoption of all types of cooperation measures to prevent the perpetration of the acts of terrorism addressed by this Convention.

The states parties shall offer the broadest possible technical cooperation on the most effective ways and means of preventing, detecting, investigating, and punishing terrorism.  To that end, they shall promote the exchange of information and experience among the competent national bodies and institutions in the framework of the Inter-American Committee against Terrorism (CICTE), through the use of an Inter-American Database on Terrorism Matters and the support of a Directory of Competency in Preventing, Fighting, and Eliminating Terrorism, among other mechanisms, programs, and activities of technical cooperation.

In the course of this technical cooperation, the states parties shall coordinate their work and cooperate through the CICTE with other international institutions with competence in the subject, such as the Inter-American Drug Abuse Control Commission (CICAD), particularly insofar as regards its efforts to eliminate the amassing of funds for terrorism.

The states parties shall designate a liaison office and a liaison officer responsible for the application of this Convention as regards technical cooperation.  This information shall be transmitted in writing to the Secretariat of the CICTE.

Article 7

Support and for Terrorist Acts

The Member States agree to adopt all measures necessary for preventing the backing of terrorist acts within their territories through the organization and dissemination of advertising publicity or propaganda, or acts of apology for this crime, as well as other activities by persons, groups, and organizations that encourage, instigate, organize, or become involved in the perpetration of such acts. They shall also adopt all measures necessary without adversely affecting the rights and freedoms covered within their respective legislation’s in order to prevent any abuse of information that may foster terrorist actions, and more particularly prompt a widespread state of alarm among the population.

Section VII

Other Provisions

Article 37

The States Parties agree to adopt all necessary measures to prevent, within their territory, the encouragement of terrorist acts through the organization and dissemination of propaganda or efforts to justify the crime, as well as to impede the activities of other individuals, groups, and organizations that encourage, instigate, organize, or become involved in the commission of such acts, without prejudice to the provisions of Article III of this Convention.

Article 8

Promotion of and Support for Terrorist Activities

The states parties agree to adopt all measures necessary to prevent the promotion of terrorist activities within their territories through the organization and dissemination of propaganda or activities advocating such crimes, as well as to prevent other activities by individuals, groups, or organizations that encourage, instigate, organize, or are involved in the perpetration of such acts.  They shall also adopt all measures necessary, without prejudice to the rights and liberties guaranteed under their legal systems, to prevent any abuse of information that might foster terrorist activities and, in particular, prompt a greater state of alarm among the population.

Article 8

Jurisdiction

Once a crime is perpetrated, the Member States shall be empowered to adopt all measures necessary to exerciser their jurisdiction with respect thereto, namely:

a) The State in whose territory the crime or the effects thereof took place;

b) The State under whose flag the vessel, aircraft, or means of transportation is registered where the crime took place;

c) The Member State of which the victim is   either a citizen or permanent resident or on behalf of which the victim was exercising functions at the time of the crime;

d) The State of which the alleged offender is a citizen or permanent resident;

e) The State is obliged to carry out or abstain from some act as a consequence of the crime.

Section IV

Jurisdiction

Article 24

1) Each State Party shall take the necessary steps to establish its jurisdiction over the offenses covered in this Convention in the following cases: 

1. when the offenses are committed in any territory under its jurisdiction or onboard an aircraft or vessel registered to that State or sailing under its flag;
2. when the alleged perpetrator is a national of that State or maintains his usual residence therein;
3. when the victim is a national of that State, maintains his usual residence therein, or was acting on its behalf;
4. when the commission of the offense has affected that State’s security.

2) Each State Party likewise shall take the necessary measures to establish its jurisdiction over such offenses in cases in which the alleged perpetrator is present in any territory under its jurisdiction and said State does not grant extradition to any of the states envisaged in paragraph 1 of this article.

3) This Convention is without prejudice to any criminal jurisdiction of the American States, exercised in accordance with their domestic laws.

Article 10

Jurisdiction

Once such an offense has been perpetrated, the states parties shall be empowered to adopt all necessary measures to exercise their jurisdiction with respect to the offense, as follows:

1. Each state party shall adopt all necessary measures to establish its jurisdiction with regard to offenses specified in Article 2, when such an offense is committed:

1. Within the territory of that state; or

2. Aboard a vessel or aircraft registered in that state under the law of that state when the offense was committed; or

3. By a national of that state.

2. Each state party may also establish jurisdiction over any such offense when the offense is committed:

a) Against a national of that state; or

b) In or against a government or public facility of that state abroad, including an embassy or diplomatic or consular site of that state; or

c) By an expatriate who habitually resides in the territory of that state; or

d) In an attempt to compel that state to do or refrain from doing something.

3. Each state party shall also take the necessary measures to establish its jurisdiction concerning the offenses specified in Article 2 in those cases in which the alleged perpetrator is within its territory and such state has not granted extradition to any state party that has established its jurisdiction under paragraphs 1 and 2.

4. In no case shall this Convention preclude the exercise of criminal jurisdiction under domestic law.^4/

Article 19

No provision of this Convention shall empower a state party to exercise jurisdiction in the territory of another state party or to carry out functions in that other state party which are the exclusive purview of the authorities of that other state party under its domestic law.^5/

Article 9

Definition of the Alleged Offender

For the purposes of this Convention, the alleged offender is considered to be the person against whom there are sufficient elements of proof to determine on a prime facie basis that such person has committed or intends to commit the crimes covered in Article 2.

Article 11

Definition of “Alleged Offender”

For the purposes of this Convention, “alleged offender” is defined as the person with respect to whom there exists sufficient evidence for a prima facie determination that such person has committed or intends to commit an offense specified in Article 2.

Article 10

Preliminary Measures

Should the alleged offender be in the territory of or under the protection of a Member State whether or not this be empowered to establish its jurisdiction over the offense in terms of Article 8, it shall adopt without delay all the necessary measures at the request of the interested State as required to detain the offender or ensure the appearance thereof and proceed with extradition if pertinent thereto.

Detention and other preliminary measures should be implemented according to the law of the Member State in which the alleged offender is found, and shall be maintained only for as long as needed to allow extradition proceedings to be initiated.  In compliance with Article 8, this State shall immediately notify the States empowered to exercise jurisdiction of all the measures adopted with regard to the alleged offender and the outcome thereof.

Section III

Strengthening And Coordination Of Hemispheric Cooperation Against Terrorism

Chapter I - General Provisions

Article 7

The State Party in whose territory the offender or alleged offender is located shall, if warranted by circumstances, take appropriate measures under its domestic law to ensure his or her presence for prosecution or extradition.

Article 8

Should the State Party in whose territory the alleged offender is located not proceed with extradition, it shall be obliged to turn him or her over to its own jurisdictional authorities for prosecution, in accordance with the procedures provided for in the laws of that State, with no exceptions whatsoever and whether or not the offense was committed in its territory.  Such authorities shall arrive at their ruling under the same conditions applicable to any other serious offense under the law of that State.

Article 12

Preliminary Measures

Should the alleged offender be present in the territory of, or under the protection of, a state party, regardless of whether that state is empowered to establish its jurisdiction over the offense under Article 10, that state shall adopt all necessary measures, without delay, at the request of the state concerned, to take the alleged offender into custody or ensure his or her appearance and, if appropriate, to proceed with extradition.

Detention and other preliminary measures shall be taken according to the law of the state party in whose territory the alleged offender is present, and shall be maintained only for as long as needed to allow an extradition proceeding to be instituted.  That state shall immediately notify the states empowered to exercise jurisdiction under Article 10 of all measures taken in relation to the alleged offender and the outcome thereof.

Article 11

Qualification of the Extradition Proceedings

The qualification of the extradition proceedings and State with regard to which this is initiated shall be the sole responsibility of the Member State under whose jurisdiction or protection the alleged offender is bound.  This qualification shall be handled by taking into account the criteria stipulated in this Convention.  Particular attention shall be paid to the guarantees rendered by the Applicant State with regard to the trial rights of the alleged offender.

Article 13

Determination as to the Applicability of Extradition

The determination as to whether extradition is applicable, and as to the state to which said extradition applies, shall be made exclusively by the state party that has the alleged offender under its jurisdiction or protection.  In that determination, account shall be taken of the criteria set forth in this Convention.  Particular consideration shall be given to the guarantees of due process provided by the requesting state to the alleged offender.

Article 12

Extradition Proceedings

For the purposes fit extradition:

1. It shall be considered that the offense is committed not only in the territory of the State in which it actually occurred, but also in the territory of all the States empowered to exercise jurisdiction in compliance with Article 8;

2. None of the offenses described in this Convention shall be considered as a political offense, political offense connected to a common crime, or an offense inspired by political motivations.

Article 14, Paragraph 1^st .

For purposes of extradition:

The offense shall be considered to have been committed not only within the territory of the state in which it occurred but also within the territory of all states empowered to exercise jurisdiction under Article 10;

Article 15

Nature of the Offenses

For the purposes of extradition or mutual judicial assistance,

none of the offenses defined in Article 2 shall be considered a

political offense, a political offense related to a common crime, or an offense inspired by political motives.  Neither shall they be considered, for the same purposes, as tax crimes.  Therefore, a request for extradition or mutual judicial assistance submitted in regard to an offense of this nature shall not be rejected solely because it deals with a political offense, a political offense related to a common crime, or an offense inspired by political motives.  The states parties also shall not cite the tax-related nature of the offense as the sole reason for rejecting a request for mutual judicial assistance or extradition.6/

Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

(Article 12 – continues)

(Extradition Proceedings)

The Recipient State may refuse extradition should it have sufficient reasons to consider that the purpose of the extradition application is to persecute, punish, or harm a person for reasons of race, creed, nationality, or political opinion, or when this state is empowered to exercise jurisdiction.

Section VI

Extradition

Article 33

The requested State may deny extradition when it has sufficient reason to believe that its purpose is to persecute, punish, or harm a person for reasons of race, ethnic or national origin, nationality, religion, or culture.

(Article 12 – continues)

(Extradition Proceedings)

When the extradition does not proceed as requested, the Member State in whose territory or under whose protection the alleged offender is found, this matter should be submitted without exception or unjustified delay to the competent criminal authorities for the processing thereof.  They shall reach a decision under the same conditions as those applicable to common crimes of a serious nature in accordance with their legislation.

Article 14, Paragraph 2^nd

When the requested extradition is not applicable, the state party in whose territory the alleged offender is present, or which has the alleged offender under its protection, shall submit the matter, without exception or unjustified delay, to its competent criminal authorities for prosecution, regardless of whether the crime was committed in its territory.  Such authorities shall reach their decision in the same manner that applies to serious common offenses under the domestic law of that state.

Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

(Article 12 – continues)

(Extradition Proceedings)

The decision to refuse extradition as well as the final outcome of the criminal case brought shall be advised to the Member States empowered to exercise jurisdiction over the offense and which have previously established this in accordance with Article 8.

Section VI - Extradition

Article 30 – 2^nd paragraph

If the requested State decides not to extradite, that decision, as well as the final outcome of the criminal proceedings conducted, shall be reported to the States Parties who are eligible to exercise jurisdiction over the offense and who have previously established such jurisdiction.

Article 14, Paragraph 3^rd 

States parties empowered to exercise jurisdiction over the offense and having established such jurisdiction previously under Article 10 shall be informed of any decision not to extradite, as well as of the final outcome of the criminal action brought.

Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

Section VI

Extradition

Article 28

The offenses set forth in this Convention shall be deemed extraditable offenses in any extradition treaty between the Parties.  The States Parties undertake to include these offenses as extraditable offenses in every extradition treaty to be subsequently concluded between them.

Article 29

When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the necessary legal basis for that purpose in respect of the offenses set forth herein. Extradition shall be subject to the other conditions required under the law of the requested State.

States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offenses set forth in this Convention as extraditable offenses between themselves, subject to the conditions required under the law of the requested State.

Article 30 - 1^st paragraph

If a State Party receives more than one extradition request and decides not to assert its jurisdiction, it shall, for the purpose of granting extradition, take into account as a matter of priority the interests and responsibilities of the State in whose territory the offense was committed.

Article 31

The States Parties agree to expedite extradition procedures related to the offenses set forth in this Convention, pursuant to the provisions of Section II herein. 

Article 32

When granting extradition, the States Parties shall pay particular attention to the guarantees that the requesting State offers to the alleged offender, in accordance with Article 26 of this Convention.

Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

Article 13

Rights of the Alleged Offender

The alleged offender shall enjoy full right of defense and all the guarantees of due process.

Section V

Legal Guarantees

Article 26

Any person who is arrested or accused in connection with any of the offenses covered in this Convention shall have the right to fair treatment and respect for due process, including all the rights and guarantees established in the legislation of the State in whose territory the arrested or accused person is present, as well as the guarantees set forth in the American Convention on Human Rights. 

Article 27

The States Parties to the Convention shall take all necessary steps to ensure that the conditions of confinement are consistent with generally accepted international standards for the treatment of prisoners. 

Article 17

Rights of the Alleged Offender

The alleged offender shall enjoy full rights of defense and all the guarantees of due process.

Article 16

Humanitarian Exception

None of the provisions of this Convention shall be interpreted as imposing an obligation to extradite or to provide mutual judicial assistance if the state receiving the request has sound reasons to believe that the request for extradition for an offense described in Article 2 or for mutual judicial assistance in relation to such as offense has been presented with the intent of prosecuting or punishing an individual for reasons of race, sex, religion, nationality, ethnic origin, or political opinion, or if compliance with the request could result in damage to the situation of that individual for any of those reasons.  Neither shall it be interpreted as imposing an obligation to extradite when there are sound reasons to presume that the person whose extradition is requested could be submitted to torture or other cruel, inhuman, or degrading treatment or punishment, or when the requesting state fails to give assurances that the death penalty will not be applied.^7/

Article 14

Cooperation Measures

As soon as a Member State learns of the commission within its territory of any of the offenses covered by this Convention, it shall:

a) adopt all the measures necessary to alleviate the situation of the victims thereof;

b) provide the home country of the victims with all information available regarding the offense and the circumstances thereof;

c) advise the State with an interest in the commission of the offense of the circumstances of the perpetration thereof and the data available on the identity of the alleged offender, when it has sufficient reason to believe that such a person has fled its territory;

Chapter VII

Cooperation In The Humanitarian Sphere

Article 21

The States Parties to this Convention agree to adopt actions in the humanitarian sphere that shall include:

1. training and exchange of information on assistance for victims of terrorist acts;
2. furnishing assistance to victims of terrorist acts;
3. providing the State of nationality of the victims with general, complete, and timely information on their status;
4. granting humanitarian assistance to requesting states when terrorist acts are committed in their territories.

Chapter VI

Cooperation in the Legal Sphere

Article 19

The States Parties shall share legal information and shall provide legal assistance to one another to prevent, combat, and eliminate terrorism in accordance with the relevant treaties in force.  In the absence of treaties on legal assistance, this Convention shall serve as a sufficient legal basis for providing such assistance.

Article 18

Cooperation Measures

Immediately upon learning of the commission, within its territory, of any of the offenses addressed by this Convention, a state party shall:

1. Adopt all measures necessary to alleviate the situation of the victims;

2. Provide to the state of nationality of the victims, in a complete and timely manner, all information it may have regarding the offense and its circumstances;

3. Convey to states having an interest in the commission of the offense information on the circumstances of its perpetration and any information it may have on the identity of the alleged offender, when it has sufficient reason to believe that such person has fled its territory;

4. Cooperate as fully as possible with any investigation, criminal proceedings, or extradition proceedings instituted in connection with an offense specified under Article 2 and provide any pertinent evidence it may have to the state that actually exercises jurisdiction.

(Article 14 – continuation)

(Cooperation Measures)

d) to cooperate as fully as possible with the above-mentioned criminal proceedings, providing the State that effectively exercises jurisdiction with any pertinent proof it may have.

Chapter VI

Cooperation in the Legal Sphere

Article 20

The States Parties to this Convention agree to adopt measures that facilitate more rapid or direct communication through their jurisdictional organs related to evidentiary proceedings to punish terrorist acts, including the possibility of authorizing the transfer of a prisoner or convict in the territory of a State Party to give testimony, provide identification, or assist with evidence-gathering for investigation or prosecution.

Article 21

Reporting to CICTE

The states parties shall periodically transmit to the Inter-American Committee against Terrorism the legislative and regulatory provisions they adopt in application of this Convention.  Furthermore, the state party that institutes criminal action against a presumed offender shall communicate the outcome of this action to CICTE, in keeping with its domestic law or its applicable procedures.

Chapter II

Cooperation in the Regulatory Sphere

Article 9

The States Parties shall promote the prompt signing, ratification, or accession to international treaties to combat terrorism, in accordance with their respective domestic laws, especially the 1999 International Convention for the Suppression of the Financing of Terrorism GSand the 1997 Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials.

Chapter II

Cooperation in the Regulatory Sphere

Article 10

This Convention shall not limit the scope of bilateral, subregional, or regional treatiesGS on the same matters that are in force between States Parties, to the extent that the latter contain more effective provisions or mechanisms for combating and cooperating against terrorism.

Article 11

The States Parties to this Convention shall take measures with regard to cooperation or coordination in criminal matters to fight terrorism, which shall include:

a) harmonizing applicable rules in the domestic laws of States Parties, to the extent necessary to enhance such cooperation;

b) gradually adopting measures designed to establish minimum standards for the elements constituting such crimes and penalties therefor.

c) exchanging information and experiences regarding legal standards in this area;

d) adopting legal measures to impede material or financial support for any type of terrorist activity.

Chapter III

Cooperation In The Financial Sphere

Article 12

The States Parties to this Convention agree to adopt as soon as possible, in their respective legislation, the following financial control measures:

a) prohibiting the opening of accounts the holders or beneficiaries of which are unidentified or unidentifiable, and measures to ensure that financial institutions verify the identification of those responsible for such transactions;

b) identifying legal entities, requiring financial institutions, when necessary, to take measures to verify the legal existence of the customer by obtaining, either from a public register or from the customer or both, proof of its incorporation as a legal entity, including detailed information concerning the customer, as well as other provisions regulating the entity’s representational powersGS.

c) adopting regulations imposing on financial institutions the obligation to report promptly to the competent authorities all complex, unusual transactions and unusual patterns of transactions which have no apparent economic or lawful purpose, without fear of assuming civil or criminal liability for breach of any restriction on disclosure of information if they report their suspicions in good faith;

d) requiring financial institutions to maintain, for at least five years, all necessary records on domestic and international transactions;

e) supervising all money-transmission agencies, including their licensing;

f) detecting or monitoring the physical cross-border transportation of cash and other negotiable instruments, without impeding in any way the freedom of capital movements;

g) establishing a mechanism for ensuring that funds obtained from combating terrorism, where applicable, are shared with other States Parties or are used to compensate victims of such acts and their families;

h) creating a mechanism by which information or evidence needed to establish the civil, criminal, or administrative liability of a legal entity for acts carried out by individuals in positions of management or control, are shared with other States Parties to this Convention.

Chapter IV

Cooperation On Border Issues

Article 13

The States Parties agree to cooperate in implementing harmonized procedures for guarding their borders against the possible movement of terrorists at border crossings, as well as sea, river and lake ports, and airports, without prejudice to the principles of equality and nondiscrimination, the legal movement of persons, and the promotion of trade liberalization policies in the Hemisphere.

Article 14

The States Parties shall seek to improve and harmonize customs procedures at their borders, including sea, river, and lake ports, airports, and border crossings, to prevent, stop, and sanction international trafficking in arms, explosives, and sensitive materials lacking the proper documentation establishing their legal origin and destination, in the framework of the provisions of the 1997 Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials.

Article 15

The States Parties shall coordinate measures to improve the quality and security of identification and travel documents, and to develop or share measures for preventing the duplication, forgery, or fraudulent use of said documents.

Article 16

The States Parties shall develop, through electronic networks or such other expeditious means as may be employed within their respective capabilities, an ongoing exchange of information concerning domestic measures and standards adopted to combat terrorism, terrorist movements, duplicated or forged documents, and illegal trafficking in firearms, explosives, and sensitive materials.

The States Parties may promote measures to cooperate in developing early warning and intelligence-sharing systems for matters covered under this Convention, in the framework of respect for State sovereignty and the principle of nonintervention.

Article 17

The States Parties shall promote the technical training of their customs and immigration officials, within their capacity to do so.  The States Parties likewise shall promote bilateral and multilateral meetings to share and evaluate experiences. 

Chapter V

Cooperation on Police Matters

Article 18

The States Parties to this Convention agree to cooperate on police matters, within their means, in the following areas:

1. prevention and investigation of terrorist acts;
2. sharing of information, particularly regarding links between terrorism and the illicit trafficking in narcotic drugs and psychotropic substances and between terrorism and illegal arms trafficking;
3. sharing of background information on terrorists or terrorist organizations;
4. training of competent authorities to prevent or neutralize terrorist activities;
5. adoption of measures for preventing and responding to any abuse, linked to terrorist acts, of the privileges, inviolability, and immunities enjoyed by State officials;

6. adoption of security measures at borders to prevent terrorist acts, including security measures for aviation and at the country’s ports of entry and departure;
7. adoption of security measures related to the use of nuclear, chemical, and biological materials;
8. adoption of security measures related to the production of, trafficking in, and use of firearms, ammunition, and explosive materials.

Chapter VIII

Cooperation in the Economic Sphere

Article 22

The States Parties to this Convention shall cooperate in the economic and social spheres with states affected by terrorist acts committed in their territory.

Article 23

The States Parties to this Convention shall study measures concerning the socioeconomic impact of terrorist acts carried out in other states and that affect one or more States Parties and, to this end, shall coordinate polices for cooperation, within the means of each State Party.

Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

Article 15

Extension and Continuation of Cooperative Measures for the Prevention and Elimination of Terrorism

The depository shall assume responsibility for organizing a Conference in which all the Member States will participate five years after the date on which this Convention comes into effect, in order to review and revise the validity and application thereof, and adapt it as necessary to the circumstances in force at the time.  The Member States may unanimously agree to hold this conference earlier than the date mentioned above.

Section XII

Mechanisms For Monitoring The Convention

Article 44

The States Parties agree gradually to harmonize domestic and international law to confront new terrorist practices that might arise in the future in order to be effective in combating the innovations constantly being made in such criminal practices and activities.

                      Article 45

1) Two years following the entry into force of this Convention, the Secretary General of the Organization of American States, in his capacity as depositary, shall convene the first Conference of the States Parties to the Convention, to evaluate its implementation and the progress made, as well as any proposed amendments to the text, in keeping with Article 44.

2) Subsequently, the States Parties shall hold biannual meetings.  In exceptional circumstances, at any time and at the request of a State Party, the Secretary General of the Organization of American States, with the prior approval of a majority of the States Parties, may convene a special session.

3) The Conference of the States Parties shall establish the rules for approval of the proposed amendments mentioned in paragraph 1 herein.

Article 20

Follow-up of Cooperation Measures

for the Prevention and Elimination of Terrorism

The depository shall assume responsibility for organizing a conference, in which all states parties shall participate, five years after the date of entry into force of this Convention, to review the effectiveness and application of the Convention and adapt it as necessary to current circumstances.  The states parties may unanimously agree to hold this conference earlier than the date mentioned above.

Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

Section VII

Other Provisions

Article 34

This Convention shall be interpreted without prejudice to the provisions of other international instruments or domestic laws penalizing terrorist acts or concerning extradition.

Article 35

No provision of this Convention shall be construed as detrimental to the obligations and duties of states under international law, particularly the purposes and principles of the United Nations Charter and the Charter of the Organization of American States.

Article 36

The States Parties to the Convention shall refuse asylum or refugee status to individuals who perpetrate or support terrorist acts.

Article 9

Asylum and Refuge

The states parties shall adopt the appropriate measures, in keeping with applicable rules of domestic and international law, including international human rights standards, before granting asylum or refuge, in order to ensure that it is not granted to a person when there exist reasonable indications that he or she has been involved in any of the offenses specified in Article 2.^8/

Section VIII - Settlement Of Disputes

Article 38

1) Any dispute concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of any of the parties to the dispute, be submitted to arbitration.  If, within six-months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of JusticeGS, by application, in conformity with the Statute of the Court.

2) Each State may at the time of signature, ratification, acceptance, or approval of this Convention or accession thereto, declare that, for the purposes of this Section, it will not recognize the jurisdiction of the International Court of Justice.  The other States Parties shall not be bound by paragraph 1 with respect to any State Party who has made such a reservation.

3) Any State which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by written notification to the Secretary General of the Organization of American States.

Article 22

Settlement of Disputes

Disputes that may arise between two or more states parties with regard to the interpretation or application of this Convention and cannot be resolved through negotiations in a reasonable period of time shall be submitted to arbitration at the request of one of the parties.  If six months from the date of presentation of the request for arbitration the parties have been unable to agree on an arbitration procedure, any one of them may submit the dispute to the International Court of Justice, by means of a request submitted in accordance with the Court’s Statute.^9/

Section IX

Reservations

Article 39

This Convention shall not be subject to reservations, without prejudice to the provisions of the preceding section herein.

Article 23

Prohibition of Reservations

Reservations to this Convention shall not be permitted.

Article 25

Ratification

This Convention shall be ratified by the signatory states in accordance with their own constitutional procedures.

Section X

Deposit And Entry Into Force

Article 40

This Convention shall be deposited with the Secretary General of the Organization of American States.

Article 41

This Convention shall enter into force on the thirtieth day following the date of deposit of the _______  instrument of ratification, approval, or accession with the Secretary General of the Organization of American States.

Article 42

For each State ratifying, approving, or acceding to the Convention after the deposit of the________instrument of ratification, approval, or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of the respective instrument.

Article 26

Deposit

The original instrument, whose texts in Spanish, French, English, and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, and that Secretariat shall send certified copies to the signatory governments for purposes of ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States, and that Secretariat shall notify the signatory governments of such deposit.

Article 27

Entry into Force

This Convention shall enter into force among the states that ratify it in the order in which they deposit their instruments of ratification.

Section XI

Denunciation

Article 43

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.

Such denunciation shall not absolve the State Party of the obligations imposed by this Convention regarding all acts or omissions that occurred prior to the date on which the denunciation takes effect. 

The termination shall not affect in any way the duty of the State Party to comply with all obligations stipulated in this Convention to which it is subject under international law, independently of this Convention.

Article 28

Duration and Withdrawal

This Convention shall remain in force indefinitely, but any of the states parties may withdraw from it.  The notice of withdrawal shall be transmitted to the General Secretariat of the Organization of American States, and that Secretariat shall notify the remaining states parties of it.  One year after the date of the notice of withdrawal, the Convention shall cease to apply to the withdrawing state, but shall remain in force for the remaining states parties.^10/

Section XIII

Final Provision

Article 46

This Convention shall be open for signature by all American states from _______ to _________ at the headquarters of the Organization of American States.  Beginning on_______ this Convention shall be subject to ratification, approval, or accession through the Secretary General of the Organization.

Article 24

Signature

This Convention shall be open to signature by all member states of the Organization of American States and by any other state that the General Assembly of the Organization of American States may invite to sign it.

Inter-American Juridical Committee

CP/CAJP-1829/01

Annex 1

Peru

CP/CAJP-1844/01

Argentina

CP/CAJP-1844/01 add.3

Preamble

Preamble

The States Parties to this Convention,

Considering that the right to life is an essential and fundamental human right;

Recognizing the growing evidence of negative effects of terrorism, in all its forms and manifestations, on the full enjoyment of human rights and fundamental freedoms and on the observance of the rule of law, embodied in the United Nations Charter, the OAS Charter, the American Declaration on Human Rights, and international human rights treaties;

Taking into account that terrorist acts, methods, and practices, in all their forms and manifestations, are an attack against human rights, fundamental freedoms, and democratic values, and threaten the security of states, destabilizing them, undermining the foundations of civil society, and seriously impinging on the social and economic development of the states in the region;

Preamble

THE MEMBER STATES OF THE ORGANIZATION OF AMERICAN STATES,

REAFFIRMING the principles and provisions contained in the Charter of the Organization of American States and the Charter of the United Nations;

CONSIDERING that terrorism is a serious criminal phenomenon of profound concern to all the member states, which has devastating effects on the development of free and democratic societies and endangers fundamental human rights, including the right to life itself;

NOTING the Inter-American Democratic Charter, which sets forth the commitment of the member states to promote and defend representative democracy and stipulates that no democratic state can remain indifferent when confronted with the threat that terrorism poses to democratic institutions and freedoms;

Considering the growing link between terrorist groups and other criminal organizations involved in illegal arms and drug trafficking, and their association with serious offenses such as homicide, extortion, abduction, assault, hostage-taking, rape, theft, and money-laundering, and the use of new technologies to cause massive damage and loss of human life;

Reaffirming the condemnation of all terrorist acts, methods, and practices as criminal and unjustifiable, wherever and by whomever they are committed;

Taking into account that it is the responsibility of all states to guarantee the safety of their inhabitants, on the basis of the principles of freedom, justice, and democracy, thus confirming that terrorism increasingly undermines these shared values, and demanding that the struggle against terrorism and its eradication become an objective and a commitment for the Hemisphere as a whole;

Reaffirming that the Cha