When the FBI Comes Calling…®
INTERPOL
1. Conventions adopted under the auspices of the Council of Europe:
European Convention on Extradition (Paris, 1957) (European Treaties, ETS No. 24)
Article 16 (3)
A request for provisional arrest shall be sent to the competent authorities of the requested Party either through the diplomatic channel or direct by post or telegraph or through the International Criminal Police Organization (Interpol) or by any other means affording evidence in writing or accepted by the requested Party. The requesting authority shall be informed without delay of the result of its request.
European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 1959) (European Treaties, ETS No. 30)
Article 15 (5)
In cases where direct transmission is permitted under this convention, it may take place through the International Criminal Police Organization (Interpol).
European Convention on the Supervision of Conditionally Sentenced or Condi-tionally Released Offenders (Strasbourg, 1964) (European Treaties, ETS No. 51)
Article 27 (3)
In case of emergency, the communications referred to in paragraph 2 of this Article may be made through the International Criminal Police Organization (Interpol).
European Convention on the Punishment of Road Traffic Offences (Strasbourg, 1964) (European Treaties, ETS No. 52)
Article 15 (3)
In case of emergency, the communications referred to in paragraph 2 of this Article may be made through the International Criminal Police Organization (Interpol).
European Convention on the International Validity of Criminal Judgements (The Hague, 1970) (European Treaties, ETS No. 70)
Article 15 (2)
In urgent cases, requests and communications may be sent through the International Criminal Police Organization (Interpol).
European Convention on the Repatriation of Minors (The Hague, 1970) (European Treaties, ETS No. 71)
Article 21
Communications between central authorities, in connection with the implementation of this Convention may be transmitted through the International Criminal Police Organization (Interpol).
European Convention on the Transfer of Proceedings in Criminal Matters (Strasbourg, 1972) (European Treaties, ETS No. 73)
Article 13 (2)
In urgent cases, requests and communications may be sent through the International Criminal Police Organization (Interpol).
European Convention on the Control of the Acquisition and Possession of Firearms by Individuals (Strasbourg, 1978) (European Treaties, ETS No. 101)
Article 9 (2)
When appropriate the notifications may be sent through the International Criminal Police Organization (Interpol).
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (Strasbourg, 1990) (European Treaties, ETS No. 141)
Article 24 (3)
Any request or communication under Paragraphs 1 and 2 of this Article may be made through the International Criminal Police Organisation (Interpol).
Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Strasbourg, 1995) (European Treaties, ETS No. 156)
Article 18
(Communication between Designated Authorities): The authorities designated under Article 17 shall communicate directly with one another.
Where, for any reason, direct communication is not practicable, Parties may agree to use the communication channels of ICPO-Interpol or of the Customs Co-operation Council [World Customs Organization].
Criminal Law Convention on Corruption (Strasbourg, 1999) (European Treaties, ETS No. 173)
Article 30 (3)
(Direct communication): Any request or communication under Paragraphs 1 and 2 of this article may be made through the International Criminal Police Organisation (Interpol).
Draft Convention on Cyber-crime (PC-CY(99)28)
Article ... (2)
(Direct Communications): Any request or communication under Paragraph 1 of this article may be made through the International Criminal Police Organisation (Interpol).
2. Conventions adopted under the auspices of the United Nations:
United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna, 1988) (Registration No. 27627)
Article 7 (8)
[...] Transmission of requests for mutual legal assistance and any communication related thereto shall be effected between the authorities designated by the Parties; this requirement shall be without prejudice to the right of a Party to require that such requests and communications be addressed to it through the diplomatic channel and, in urgent circumstances, where the Parties agree, through channels of the International Criminal Police Organization, if possible.
United Nations model treaty on extradition (1990)
Article 9 (1)
(Provisional arrest): In case of urgency the requesting State may apply for the provisional arrest of the person sought pending the presentation of the request for extradition. The application shall be transmitted by means of the facilities of the International Criminal Police Organization, by post or telegraph or by any other means affording a record in writing.
Rules of procedure and evidence (adopted in 1994) of the International Tribunal for the Prosecution for Persons Responsible for Serious Violations of International Humanitarian Law committed in the territory of Former Yugoslavia since 1991 (Tribunal established by UN Security Council resolution 827)
Rule 39
In the conduct of an investigation, the Prosecutor may [...] seek the assistance of any relevant international body including the International Criminal Police Organization (Interpol).
Rome Statute on the International Criminal Court (Rome, 1998) (A/CONF.183/9)
Article 87 (b)(1)
(Co-operation Requests: General Provisions/Assigned Authorities for Presenting or Receiving Requests/Transmission of Requests): when appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization - INTERPOL - or any appropriate regional organization.
Draft International Convention for the Suppression of Terrorist Financing (1999) (A/C.6/54/L.16)
Article 18 (4)
States Parties may exchange information through the International Criminal Police Organization (Interpol).
Revised Draft United Nations Convention against Transnational Organized Crime (A/AC.254/4 Rev.4) and its three supplementary Protocols
Article 14 (8)
States Parties shall designate a central authority or, when necessary, central authorities that shall have the responsibility and power to execute requests for mutual legal assistance or to transmit them to the competent authorities for execution. Central authorities shall play an active role in ensuring the speedy execution of requests, controlling quality and setting priorities. The Secretary-General of the United Nations shall be notified of the authority or authorities designated for this purpose. Transmission of requests for mutual legal assistance and any communication related thereto shall be effected between the authorities designated by the States Parties. This requirement shall be without prejudice to the right of a State Party to require that such requests and communication be addressed to it through diplomatic channels and, in urgent circumstances, where the Parties agree, through the International Criminal Police Organization, if possible.
Among the three supplementary Protocols, only one - The Revised Draft Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition and Other related Materials (A/AC.254/4/Add.2/Rev.2) - expressly refers to Interpol.
Option 1 (f)
Recognizing the importance of strengthening existing international law enforcement support mechanisms, such as the database established by the International Criminal Police Organization, the Interpol Weapons and Explosives Tracking System, [and the database established by the Customs Co-operation Council (known as the World Customs Organization), the Central Information System,] to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, ammunition [, explosives] and other related materials.
Article 2 (f)
[…] Convinced that combating the illicit manufacturing of and trafficking in firearms, ammunition and other related materials requires international co-operation and the strengthening of existing international law enforcement support mechanisms such as the database established by the International Criminal Police Organization, the Interpol Weapons and Explosives Tracking System, in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, ammunition and other related materials.
3. Conventions adopted under the auspices of the European Union:
Belgium - France -Federal Republic of Germany-Luxembourg-Netherlands: Schengen agreement on the gradual abolition of checks at their common borders and the Convention applying the agreement (Agreement: Schengen, 14th June 1985; Convention: Schengen, 19th June 1990).
Article 53(2)
Paragraph 1 shall not prejudice the possibility of requests being sent and returned between Ministries of Justice or through the intermediary of national central offices of the International Criminal Police Organization.
Convention on the setting up of a European Police Office (Europol) (Brussels, 1995) (SN 3549/95)
Article 42(2)
In so far as is required for the performance of the tasks described in Article 3, Europol may also establish and maintain relations with third States and third bodies within the meaning of Article 10(4), points 4, 5, 6 and 7.
(Point 7 expressly refers to the International Criminal Police Organization).
Draft Council Act Establishing the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (1999/C 251/01)
Article 6(4)
(Transmission of Requests for Mutual Assistance): Any request as referred to in Paragraph 1 may, for the sake of speed, be made via the International Criminal Police Organization (Interpol) or any body competent under provisions introduced pursuant to the Treaty on European Union.
4. Instrument adopted under the auspices of the Commonwealth:
Commonwealth Scheme for the Rendition of Fugitive Offenders
Clause 4(1)
(Provisional warrants): Where a fugitive offender is, or is suspected of being, in or on his way to any part of the Commonwealth but no warrant has been endorsed [...] or issued [...], the competent judicial authority in that part of the Commonwealth may issue a provisional warrant for his arrest on such information and under such circumstances as would, in the authority's opinion, justify the issue of a warrant if the returnable offence of which the fugitive is accused has been an offence committed within the authority's jurisdiction and for the purposes of this paragraph information contained in an international notice issued by the Interna-tional Criminal Police Organisation (INTERPOL) in respect of a fugitive may be considered by the authority, either alone or with other information, in deciding whether a provisional warrant should be issued for the arrest of that fugitive.
5. Convention adopted under the auspices of the Economic Community of West African States:
Convention on Extradition (Abuja, 1994)
Article 22(3)
The request for provisional arrest shall be transmitted to the competent authorities of the requested State either through the diplomatic channel, or direct by post or telegraph, or through the International Criminal Police Organization (Interpol), or by any other means affording evidence in writing or accepted by the requested State [...].
6. Convention adopted under the auspices of the Organization of American States (OAS):
Inter-American Convention against the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials (Washington, 1997) (AG00784.E)
Preamble
Recognizing the importance of strengthening existing international law enforcement support mechanisms such as the International Weapons and Explosives Tracking System (IWETS) of the International Criminal Police Organization (INTERPOL), to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials.
7. Examples of multilateral conventions mentioning Interpol:
Co-operation agreement on police matters between Benin, Ghana, Nigeria and Togo (Lagos, 1984)
Article 3
The Interpol National Central Bureaus shall serve as a liaison organ between the different security services of the Contracting Parties.
Agreement on Co-operation on Control of Illicit Trafic in Narcotic Drugs and Psychotrophic Substances between the Ministries of the Interior of the Republics of Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine and Estonia (Kiev, 1992)
Article 3(d)
[...] Information shall be submitted on unified carriers recommended by Interpol.
Agreement on Co-operation to Prevent and Combat Trans-border Crime between the Governments of Romania, Albania, Bulgaria, Bosnia-Herzegovina, Greece, FYROM, Moldova, Turkey and Hungary (Bucharest, 1999)
Article 2(4)
In order to improve the effectiveness of the prevention, detection, investigation and prosecution of trans-border criminal violations, and as active members of ICPO-Interpol for police matters, World Customs Organization for customs matters, the SECI [Southeast European Co-operative Initiative] participating countries shall exchange and develop criminal information in partnership with their law enforcement authorities and with the Interpol General Secretariat and WCO.
8. Examples of bilateral conventions in which Interpol is mentioned:
Treaty between Canada and France concerning Extradition (1988)
Article 13(1)
(Provisional Arrest): In cases of urgency, the competent authorities of the requesting State may request the provisional arrest of the person sought, through diplomatic channels or directly by post or telegraph, or through the International Criminal Police Organization (Interpol), or by any other method that provides a written record of the request [....].
Treaty on Extradition between France and Australia (1988)
Article 9(1)(b)
The application for provisional arrest shall be transmitted by means of the facilities of the International Criminal Police Organization (Interpol), by post or telegraph or by any other means affording a record in writing.