Legislative Guide for the United Nations Convention against Transnational Organized Crime and the Protocols thereto

The main purpose of the legislative guides is to assist States seeking to ratify or implement the United Nations Convention against Transnational Organized Crime and its supplementary Protocols.

The guides lay out the basic requirements of the Convention and the Protocols thereto, as well as the issues that each State party must address, while furnishing a range of options and examples that national drafters may wish to consider as they try to implement the Convention and its Protocols.

The guides have been drafted to accommodate different legal traditions and varying levels of institutional development and provide, where available, implementation options.

The present legislative guides are the product of a broad participatory process involving invaluable input from numerous experts, institutions and government representatives from all regions of the world, who contributed to the guides a wealth of knowledge and expertise, together with significant enthusiasm and personal and professional commitment.

Link to the text of the Convention and its Protocols

Link to the interpretative notes (A/55/383/Add.1&3)

Glossaries of terms of the United Nations Convention against Transnational Organized Crime and its Protocols

Link to the Conference of the Parties to the Convention

Review of implementation of the Convention and its Protocols


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Full Version

Legislative guides for the Implementation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto

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English

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Full version

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Introduction and the List of Experts

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Introduction and the List of Experts

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Part 1

Legislative guide for the United Nations Convention against Transnational Organized Crime (Palermo Convention)

Table of Contents

I. Introduction

A. Structure of the legislative guide for the implementation of the United Nations Convention against Transnational Organized Crime

B. Structure of the Organized Crime Convention

II. Provisions and obligations applicable throughout the United Nations Convention against Transnational Organized Crime

A. Implementation of the Convention

B. Use of terms

C. Scope of application

D. Protection of sovereignty

III. Substantive criminal law

A. General requirements

B. Criminalization of participation in a criminal group

C. Criminalization of the laundering of proceeds of crime

D. Criminalization of and measures against corruption

E. Criminalization of obstruction of justice

IV. Procedural and other legislative amendments to ensure effective criminalization

A. Jurisdiction over offences

B. Liability of legal persons

C. Prosecution, adjudication and sanctions

D. Identification, tracing, freezing or seizure of assets and confiscation of proceeds of crime

E. Protection of witnesses and victims

F. Special investigative techniques

V. Legislative and administrative measures to enhance legal assistance and law enforcement and other forms of international cooperation

A. Extradition

B. Mutual legal assistance in criminal matters

C. Other forms of international cooperation

Annex

List of requirements of States parties to notify the Secretary-General of the United Nations

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Legislative guide for the Organized Crime Convention

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Part 2

Legislative guide for the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking in Persons Protocol)

Table of Contents

I. Background and general provisions

A. Introduction

B. Scope and technical provisions of the Trafficking in Persons Protocol and its relationship to the United Nations Convention against Transnational Organized Crime

II. Specific obligations of the Trafficking in Persons Protocol

A. Definition and criminalization of trafficking in persons

B. Providing assistance to and protecting victims of trafficking in persons

C. Prevention

D. Cooperation

Annex

Reporting requirements under the Trafficking in Persons Protocol

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Legislative guide for the Trafficking in Persons Protocol

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Part 3

Legislative guide for the Protocol against the Smuggling of Migrants by Land, Air and Sea (Smuggling of Migrants Protocol)

Table of Contents

I. Background and general provisions

A. Introduction

B. Scope and technical provisions of the Protocol and its relationship with the Convention

II. Specific obligations of the Protocol

A. Definition and criminalization of the smuggling of migrants

B. Providing assistance to and protection of victims of smuggling of migrants

C. Prevention

D. Cooperation and assistance requirements

Annex

Reporting requirements under the Migrants Protocol

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Chinese

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Legislative guide for the Smuggling of Migrants Protocol

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Part 4

Legislative guide for the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition (Firearms Protocol)

Table of Contents

I. Introduction

II. Scope and technical provisions of the Protocol and its relationship with the Convention

III. Definitions

A. "Firearm"

B. "Parts and components"

C. "Ammunition"

IV. Control measures

A. Introduction

B. Marking

C. Licensing or authorization systems

D. Record-keeping

E. Confiscation, seizure and disposal

F. Deactivation of firearms

G. Brokers and brokering

V. Substantive criminal law

A. Introduction

B. Illicit manufacturing

C. Illicit trafficking

D. Tampering with markings

E. Optional offences

VI. Information exchange.

A. Tracing

B. Cooperation

Annexes

I. Reporting requirements under the Firearms Protocol

II. Table of examples of relevant national legislation

III. International Criminal Police Organization

A. Interpol Weapons and Explosives Tracking System: sample screen

B. Contact information

IV. Canada: deactivation standards

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Legislative guide for the Firearms Protocol

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Contact Us

For questions and comments concerning the Legislative Guides for the United Nations Convention against Transnational Organized Crime and the Protocols thereto, please send them to:

E-mail: untoc.cop@unodc.org

or post to:

Conference Support Section
Organized Crime and Illicit Trafficking Branch
Division for Treaty Affairs
United Nations Office on Drugs and Crime
P.O. Box 500 A-1400 Vienna, Austria

Your comments, observations or suggestions regarding the Legislative Guides are highly appreciated, but we may not be able to reply individually to all e-mails at this time.