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Inter-American Convention Against Terrorism, OAS, 2002

Entry into force: Thursday, July 10, 2003

Adoption date: Jun 3, 2002

Adoption place: Bridgetown

Depositary: Secrétariat général de l'Organisation des États Américains

Signed by 33 countries, ratified by 24 countries

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Country Signature date Ratification date * Reservation / Declaration Comments
Antigua and Barbuda

Jun 3, 2002

Feb 20, 2003

-
Argentina

Jun 3, 2002

Jul 18, 2005

-
Bahamas

Jun 3, 2002

-

-
Barbados

Jun 3, 2002

-

-
Belize

Jun 3, 2002

-

-
Bolivia

Jun 3, 2002

-

-
Brazil

Jun 3, 2002

Sep 26, 2005

-
Canada

Dec 2, 2002

Nov 28, 2002

-
Chile

Jun 3, 2002

Aug 10, 2004

In depositing the instrument of ratification (on September 29, 2004), Chile issued the following statement:

“Without prejudice to the reiteration of its condemnation of all terrorist acts, methods, and practices, irrespective of motive, manner, or manifestation, and to its commitment to continuing to take all pertinent measures that may be necessary to combat such acts, the Government of Chile hereby declares that Article 13 of the Convention does not impair the right of the State granting asylum to characterize, pursuant to international law, the nature of the act giving rise to the request for asylum.”

Colombia

Jun 3, 2002

Jun 24, 2008

Deposit of the instrument of ratification, with declaration
Declaration: In applying the international instrument to Colombia, neither the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on March 10, 1988, nor the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on March 10, 1988 shall be considered included in paragraph 1 of article 2 of the Convention, until the Colombian State becomes party to said international treaties.

Costa Rica

Jun 3, 2002

May 10, 2006

eposit of Instrument of Ratification with Interpretative Declarations

On September 15, 2006, Costa Rica deposited its instrument of ratification with interpretative declarations:

Through Law No. 8446 of May 24, 2005, published in La Gaceta No. 119 of June 21, 2005, the Legislative Assembly adopted the Inter-American Convention against Terrorism, with the following interpretative declarations:

Article 2 of the Law adopting this Convention establishes that “The Republic of Costa Rica interprets the text to mean that the mechanisms and procedures established in this Convention for the offenses referred to in Article 2.1 shall be applicable to the extent that each of the acts described in the related conventions is defined as an offense in Costa Rican penal legislation”.

Article 3 of the Law adopting this Convention establishes that “Article 10.3 of this Convention should be construed in such a way that its provisions may not be used to evade, in any way, the extradition procedures established in the Extradition Law and in applicable treaties on this matter.”

Article 4 of the Law adopting this Convention establishes that “In conformity with the respect for human rights established in Article 15 of the same Convention and Article 31 of the Political Constitution, the provisions contained in Articles 11, 12, and 13 of this Convention should be construed in such a way that the Costa Rican State does not waive its right to evaluate a specific case in order to determine whether extradition, refugee status, or asylum proceeds, respectively.”

WHEREFORE:

Pursuant to Articles 146 and 140.10 of the Political Constitution of the Republic,

RESOLVES:

Ratification by the Republic of Costa Rica of the Inter-American Convention against Terrorism with the aforementioned interpretative declarations.

IN WITNESS WHEREOF, this instrument of ratification is issued, signed by hand, stamped with the seal of the Nation, and countersigned by the Minister a.i. of Foreign Affairs and Worship, in the Office of the President of the Republic, in San José, on the tenth day of May in the year two thousand and six.

Dominica

-

Sep 14, 2004

-
Dominican Republic

Jul 16, 2002

Jul 17, 2006

-
Ecuador

Jun 3, 2002

Jul 7, 2006

Declaration upon signature: (June 3, 2002) Upon signing this Convention, the Government of Ecuador:

1. Deplores that the member states have not been able to reach a consensus on the definition of terrorism and its classification as an international crime against humanity.

2. Considers that the Convention, despite the gaps therein, can be an effective mechanism for the states of the Americas to pursue their struggle against the crime of terrorism.

3. Expresses its conviction that it is necessary for the states to affirm their unwaivable political resolve to adhere strictly to the principles and provisions of the Convention.

4. Declares that the signing of this Convention does not entail acceptance or approval of international instruments to which Ecuador is not a party. Consequently, Ecuador will apply those instruments to which it is or may become a party.

El Salvador

Jun 3, 2002

Mar 13, 2003

-
Grenada

Jun 3, 2002

May 8, 2006

-
Guatemala

Jun 3, 2002

Nov 14, 2005

Declaration

With respect to Article 2, subarticle 1, of the Inter-American Convention against Terrorism, the Guatemalan state, upon ratifying it, issues the following statement: “That in the application of the Inter-American Convention against Terrorism, Guatemala does not consider the following treaties to be included: Convention for the suppression of unlawful acts against the safety of maritime navigation, concluded in Rome on March 10, 1988, and the Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf, concluded in Rome on March 10, 1988. The statement will cease to be in effect, for each of the agreements indicated, as soon as each of them enters into effect for the state of Guatemala, which will so notify the depositary.”
Guyana

Jun 3, 2002

Apr 13, 2007

-
Haiti

Jun 3, 2002

-

-
Honduras

Jun 3, 2002

Sep 22, 2004

-
Jamaica

Jun 3, 2002

-

-
Mexico

Jun 3, 2002

Apr 2, 2003

Interpretative declaration upon signature in respect of Article 15, paragraph 2: (June 3, 2002)

“Without detriment to Mexico's determination to combat all terrorist acts, methods, and practices, it is my Government's interpretation that the right to asylum is part of international human rights law as referred to in paragraph 2 of Article 15 of this Convention, since both Article 14 of the Universal Declaration of Human Rights and Article XXVII of the American Declaration of the Rights and Duties of Man embody the right of every person to seek and receive asylum in foreign territory.

Accordingly, any request for cooperation made pursuant to this Convention will be decided on by my Government in accordance with the Convention, Mexico's domestic laws, and other applicable international instruments.”

Interpretative declarations made when depositing the instrument of ratification (June 9, 2003)

“Without detriment to Mexico's determination to combat all terrorist acts, methods, and practices, it is my Government's interpretation that the right to asylum is part of international human rights law as referred to in paragraph 2 of Article 15 of this Convention, since both Article 14 of the Universal Declaration of Human Rights and Article XXVII of the American Declaration of the Rights and Duties of Man embody the right of every person to seek and receive asylum in foreign territory.”

“Mexico interprets Article 5, paragraph 2 of the Convention to mean that the measures to provide for the identification, freezing, seizure, or, where appropriate, confiscation of funds or other assets constituting the proceeds of, used to facilitate, or used or intended to finance the commission of the offenses referred to in Article 2, shall be taken, when it is a case of offenses committed outside the jurisdiction of the Mexican State, in accordance with domestic legislation and through the mutual legal assistance treaties referred to in Article 9 of the Convention.”

Nicaragua

Jun 3, 2002

Jun 10, 2003

-
Panama

Jun 3, 2002

Dec 12, 2003

-
Paraguay

Jun 3, 2002

Nov 30, 2004

-
Peru

Jun 3, 2002

Jun 5, 2003

-
Saint Kitts and Nevis

Jun 3, 2002

-

-
Saint Lucia

Jun 3, 2002

-

-
Saint Vincent and the Grenadines

Jun 3, 2002

-

-
Suriname

Jun 3, 2002

-

-
Trinidad and Tobago

Oct 2, 2002

Nov 14, 2005

-
United States of America

Jun 3, 2002

Nov 2, 2005

Deposit of Instrument of Ratification with understanding

On November 15, 2005, the United States of America deposited its instrument of ratification subject to the following understanding:

“The United States of America understands that the term “international humanitarian law” in paragraph 2 of article 15 of the Convention has the same substantive meaning as the law of war.”

Designation of Financial Intelligence Unit

On November 15, 2005, the United States, pursuant to article 4,1 of the Inter-American Convention against Terrorism, designated the Financial Crimes Enforcement Network (FinCEN), United States Department of Treasury, as its financial intelligence unit.

Uruguay

Jun 3, 2002

Dec 27, 2006

-
Venezuela

Jun 3, 2002

Oct 22, 2003

Declaration (January 28, 2004)

The República Bolivariana of Venezuela, according to article 2.2 of the Inter-American Convention against Terrorism declares that, in application of the Convention to Venezuela, the following treaties shall be deemed not to be included in article 2,1 of the Convention, until the said instruments enter into force for the República Bolivariana of Venezuela:

1. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973.

2. Convention on the Physical Protection of Nuclear Material, signed at Vienna on March 3, 1980.

3. Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988.

4. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988.

5. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988.