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Decree No. 64 of 1995 on the Ratification of the Arab Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 64 / 1995

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Decree No. 64 of 1995 on the Ratification of the Arab Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 64 / 1995 Decree No. 64 of 1995 On the Ratification of the Arab Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 64 / 1995 We, Hamad Bin Khalifa Al-Thani, Emir of the State of Qatar; Having perused the Amended Provisional Constitution, in particular Articles 23, 24 and 34 thereof; Council of Ministers Resolution resolved at the ninth regular meeting of 1995, held on 15/03/1995, approving the Arab Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; The instrument of ratification issued on twenty-sixth day of the month of Dhu AlQadah 1415, corresponding to twenty-sixth April 1995; The proposal of the Deputy Prime Minister and the Minister of Interior; and The draft Decree submitted by the Council of Ministers; Hereby promulgate the following Decree: Article 1 The Arab Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances has been ratified, a copy of which is annexed to this Decree, and shall have the full force of the law in accordance with Article 24 of the Amended Provisional Constitution. Article 2 All relevant authorities, each in their respective field of competence, shall enforce this Decree, which shall come into force on the date of its issuance and shall be published in the Official Gazette. Hamad Bin Khalifa Al-Thani, Emir of the State of Qatar Issued from the Amiri Diwan on: 11/04/1416, Corresponding to 06/09/1995 Official Gazette :Issue: 18Publication Date: 01/01/1995 Arab Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances The Arab Parties to this Convention, Deeply concerned by the magnitude of and rising trend in the illicit production of, demand for and traffic in narcotic drugs and psychotropic substances, at the international level, which pose a serious threat to the health and welfare of human beings and adversely affect the social and cultural values and the economic and political foundations of society; Recognising the links between illicit traffic and other related organised criminal activities which undermine the legitimate economies and threaten the stability, security and sovereignty of States which requires urgent and immediate attention and priority of all states, and place them on top of their concerns and their comprehensive development plans; Aware that illicit traffic generates large financial profits and wealth enabling transnational criminal organisations to penetrate, contaminate and corrupt the structures of government, legitimate commercial and financial business, and society at all its levels, which requires them to determine by all means to deprive persons engaged in illicit traffic of illicit drugs and psychotropic substances of the proceeds of their criminal activities and thereby eliminate their main incentive that drives them to this illicit activity, and thus paralysing the activities of smuggling gangs and frustration. Desiring to eliminate the root causes of the problem of abuse of narcotic drugs and psychotropic substances, including the illicit demand for such drugs and substances and the enormous profits derived from illicit traffic; Considering that measures are necessary to monitor certain substances, including precursors, chemicals and solvents, which are used in the manufacture of narcotic drugs and psychotropic substances, the ready availability of which has led to an increase in the clandestine manufacture of such drugs and substances; Recognising the need to strengthen the Arab security cooperation, in order to address more effectively, to various aspects of the problem of illicit trafficking in narcotic drugs and psychotropic substances, with its Arab, regional and international aspects; Considering the obligation to take the member states the necessary measures, in accordance with the regulations and domestic legislation and guided by the provisions of the Islamic Sharia, to fulfil the obligations imposed by international conventions on drugs, and in a manner consistent with the principles of equality in sovereign and regional integrity and non-interference in the internal affairs of member states. Recognizing that eradication of illicit traffic of narcotic drugs and psychotropic substances is a collective responsibility of all States and that, to that end, co-ordinated action within the framework of Arab, regional and international co-operation is necessary, through reinforce and supplement the measures provided in the Single Convention on Narcotic Drugs, 1961, that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961, the 1971 Convention on Psychotropic Substances, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, the Riyadh Arab Agreement for Judicial Cooperation, and the Arab bilateral agreements and multilateral, in order to counter the magnitude and extent of illicit traffic and its grave consequences; Reaffirming the need for the Arab presence effective in conferences, meetings and regional and international meetings specialist on the subject of narcotic drugs, as well as the need to benefit from the experience, capabilities and programmes of agencies and international authorities, and to encourage to conclude bilateral agreements, organise regular meetings for the competent agencies of the border posts between the Arab states and neighbouring foreign states to exchange information and develop joint plans, ensure control of the smugglers, monitor their movements, and paralyse their activities among the common border; Recognizing the importance of strengthening and enhancing effective legal means for Arab, bilateral and multilateral, regional and international co-operation in criminal matters for suppressing the international criminal activities of illicit traffic in narcotic drugs and psychotropic substances; Consistent with the Arab strategy to combat the illicit use of narcotic drugs and psychotropic substances, adopted by the Council of Arab Ministers of Interior at the fifth session in Tunisia, in its resolution No. 72 issued on 02/12/1986, the Unified Arab Law Model for Drug, adopted by the Council at the fourth session in Casablanca, in its resolution No. 56 issued on 05/02/1986 and the Riyadh Arab Agreement for Judicial Cooperation, adopted by the Council of Arab Ministers of Justice on 06/04/1983; In implementation of the provisions of Article 4 of the Statute of the Council of Arab Ministers of Interior, which has been ratified by the Council of the Arab League Resolution No. 4218 issued on 23/09/1982; Desiring to conclude a comprehensive, effective and operative Arab convention that is directed specifically against illicit traffic of narcotic drugs and psychotropic substances and that considers the various aspects of the problem as a whole, in particular those aspects not envisaged in the existing treaties in the field of narcotic drugs and psychotropic substances; Hereby agree as follows: Definitions Article 1 Except where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout this Convention: 1- “Council” means the Council of Arab Ministers of Interior. 2- “Secretariat-General” means the Secretariat General of the Council of Arab Ministers of Interior. 3- “Secretary-General” means the Secretary General of the Council of Arab Ministers of Interior. 4- “Centre” means Arab Security Studies and Training Centre. 5- “Commercial carrier” means any person or any public, private or other entity engaged in transporting persons, goods or mails for remuneration, hire or any other benefit. 6- “Unified Law” means the Unified Arab Law Model for Drug, adopted by the Council of Arab Ministers of Interior in its Resolution No. 56 on 05/02/1986. 7- “Unified Table” means the Unified Arab Table for Narcotic Drugs and Psychotropic Substances, derived from United Nations conventions and the amendments thereto. 8- “Confiscation” means the permanent deprivation of property by order of a court or other competent authority. 9- “Controlled delivery” means the technique of allowing illicit consignments of narcotic drugs and psychotropic substances, or substances listed in the Unified Table to pass out of, through or into the territory of one or more countries, with the knowledge and under the supervision of their competent authorities, with a view to identifying persons involved in the commission of offences established in accordance with article 2, paragraph 1. 10- “1961 Convention as amended” means the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol. 11- “1971 Convention” means the Convention on Psychotropic Substances, 1971. 12- “1988 Convention” means the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances of 1988. 13- “Riyadh Convention on Judicial Cooperation” means Riyadh Arab Agreement for Judicial Cooperation, approved by the Council of Arab Ministers of Justice on 06/04/1983. 14- “Freezing” or “seizure” means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or a competent authority. 15- “Illicit traffic” means the offences set forth in Article 2, paragraphs 1 and 2, of this Convention. 16- “Narcotic drug” means any of the substances, natural or synthetic, in Part 1 of the Unified Table. 17- “Proceeds” means any property derived from or obtained, directly or indirectly, through the commission
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