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Southern African Development Community
Protocol on Combating Illicit Drug Trafficking in the Southern African Development Community (SADC) Region
- Published
- Commenced on 20 March 1999
- [This is the version of this document at 24 August 1996.]
Article 1 – Definitions
In this Protocol, unless the context otherwise requires:"Chemical Precursors" means substance frequently used in the illicit manufacture of narcotic drugs or psychotropic substances as defined in Article 12 of the 1988 UN Convention Against Illicit Drugs and Psychotropic Substances mentioned in Table I and Table II annexed to the said convention."Community Prevention" means any activity undertaken at the level of a community designed to reduce the underlying causes of drug abuse peculiar to the community."Controlled Delivery" shall have the meaning assigned to it in article 1 of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic substances."Corruption" means abuse or misuse of any office for private gain or benefit or the giving or receipt by any person of any benefit of whatever nature which is not legally due."Demand Reduction" means those measures that encompass all primary, secondary and tertiary activities taken to reduce, and to deter the use of illicit drugs."secondary" means helping people who use illicit drugs to using them."tertiary" means limiting or minimising some of the worst effects of disease and harmful behaviour."Drugs" means any narcotic drug or psychotropic substance."Executive Secretary" means the Executive Secretary of SADC."Illicit Drug Trafficking" means the offenses set forth in Article 3, paragraphs 1 and 2 of the 1988 UN Convention Against Illicit Drugs and Psychotropic Substances."Member State" means a member of 'SADC'."Money Laundering" means engaging directly or indirectly in a transaction that involves money or property which is proceeds of crime or receiving, processing, conceiving, disguising, transforming, converting, disposing of, removing from, bringing into any territory, money or property that is the proceeds of crime."Narcotic drugs" means any of the substances, natural or synthetic, referred to in schedules I and II of the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs of 1961."Proceeds of illicit drug trafficking" means any property derived from or obtained, directly or indirectly, from drug trafficking."Property" means any asset whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents or instruments evidencing title to, or interest in, such assets."Psychotropic substance" means any substance, natural or synthetic, or any natural material referred to in Schedules I and II, III and IV of the Convention on Psychotropic Substances of 1971."Region" means the geographical area of the Member States of SADC."Summit" means the summit of the Heads of State or Government of SADC established by Article 9 of the Treaty."Treaty" means the treaty establishing SADC."Tribunal" means the Tribunal established by Article 16 of the Treaty.Article 2 – Objectives
The main objectives of this Protocol are;Article 3 – International conventions
Member States, which have not acceded to, inter alia, the undermentioned United Nations Conventions shall do so as soon as possible:Article 4 – Domestic legislation
Article 5 – Mutual legal assistance
Article 6 – Law enforcement
Member States shall establish appropriate mechanism for cooperation among enforcement agencies of the Member States to promote effective enforcement including the following:Article 7 – Drug demand reduction
Member States shall;Article 8 – Corruption
Article 9 – Institutional arrangement
Article 10 – Settlement of disputes
Disputes arising out of the interpretation or application of this Protocol, which are not settled amicably, shall be referred to the Tribunal.Article 11 – Amendments
Article 12 – Signature
This Protocol shall be signed by duly authorised representatives of Member States.Article 13 – Ratification
This Protocol shall be ratified by the signatory states in accordance with their constitutional procedures.Article 14 – Entry into force
This Protocol shall enter into force thirty (30) days after the deposit of the instruments of ratification by two thirds of the Member States.Article 15 – Accession
This Protocol shall remain open for accession by any Member State, subject to Article 8 of the Treaty.Article 16 – Depository
The original text of this Protocol and all instruments of ratification and accession shall be deposited with the Executive Secretary, who shall transmit certified copies to all Member States.IN WITNESSES WHEREOF, WE, the Heads of State or Government or duly Authorised Representatives of SADC Member States have signed this Protocol.Done at Maseru this 24 day of August 1996 in two (2) original texts in the English and Portuguese languages, both texts being equally authentic.History of this document
20 March 1999
Commenced
24 August 1996 this version
Consolidation