The Arab Convention for Combating C
The Arab Convention for Combating Cross-border Organised Crime
The Arab Convention for Combating Cross-border Organised Crime
By virtue of Presidential Decree No 277/2014[1] Egypt has now officially signed the Arab League’s Arab Convention for Combating Cross-border Organised Crime, concluded on the 21st of December 2010. The Convention aims to strengthen cooperation between Arab countries in the combating and prevention of cross-border crimes, with a focus on both judicial and security cooperation. The Convention also specifies the measures and procedures to be undertaken in the prevention and punishment of criminals and their aiders and abettors. Following Egypt’s signing of the Convention, in force as of the 8th of October 2014, the agreement now boasts twelve Arab nations. The Convention will strengthen cooperation between those nations without prejudice to each country’s public and legal system.
Scope of application
The Convention shall apply to various criminal acts, including financial crimes such as money laundering, corruption, private sector financial crimes, fraud relating to financial and banking institutions, counterfeiting, environmental crimes and the transport of hazardous materials, information technology crimes and the obstruction of justice. As noted in this issue of Egypt Legal Update, there is a separate Arab Convention regarding information technology crimes, which Egypt ratified on the 21st of December 2014.
The Convention provides a wide definition of the types of crimes that fall within its scope, which includes any other cross-border organised crimes that are punishable by imprisonment for a period of not less than three years in accordance with the national legislation of each signatory country.
The definition of cross-border organised crime in the Convention is noteworthy. The Convention considered cross-border organised crime to be any crime with a cross-border character, committed (solely or through participation), planned by, financed or attempted by an organized criminal association. While the definition of “cross-border character” is not conclusive, it will probably apply to an array of economic crimes, such as money laundering and illegal tax evasion through tax-havens.
The Convention provides a detailed description of what is meant by an organized criminal association. Such definition includes associations that are formed spontaneously or arbitrarily for the purpose of committing a certain crime. While this serves to prevent the casting of an excessively wide net, it does not mean that the Convention will only apply to larger established criminal organizations. The Convention further states that an association need not include more than three individuals, for an unspecified period of time, that it does not need to have a clear or established structure, and that its membership need not be stable. This two-pronged approach appears to be an attempt to adapt to the fast-changing nature of organised crime without extending the Convention’s jurisdiction to other forms of crime that may not be worthy or appropriate for the specialized protection afforded by the Convention.
Duties and obligations of each signatory state
Each signatory state shall take all necessary measures – through its own domestic legislation and in accordance with its administrative system and constitutional principles – to criminalise the acts and the aiding and abetting of such acts as provided for in the Convention. This will not prejudice the sovereignty or territorial integrity of any nation, nor affect each nation’s right of non-interference in its internal affairs
Each nation will set the statute of limitations it deems appropriate for the crimes detailed in the Convention, as well as the exemptions and the instances when punishment can be mitigated. Nations will also provide co-signatories with aid and support; for example, with legal assistance in the pursuit and investigation of criminals, and subsequent judicial procedures. The Convention determines those instances in which co-signatories can request mutual aid and legal support, as well as the cases for refusal of such assistance. The Convention also sets out the possibility for authorities and investigative panels to be co-founded by signatory nations.
As well as the above duties, the Convention obligates the signatory nations to seize, confiscate, and turn over all materials related to the criminal activity, as well as extraditing criminals, with certain special exceptions set out in the Convention.
Finally, the Convention obliges every signatory country to recognise all final criminal and civil judgments adjudicated in the courts of another signatory nation. As with the turning over of evidence and extradition of criminals, this obligation also has special exceptions set out in the Convention.
[1] Presidential Decree No 277/2014 issued on 19 August 2014
The Arab Convention for Combating Cross-border Organised Crime
By virtue of Presidential Decree No 277/2014[1] Egypt has now officially signed the Arab League’s Arab Convention for Combating Cross-border Organised Crime, concluded on the 21st of December 2010. The Convention aims to strengthen cooperation between Arab countries in the combating and prevention of cross-border crimes, with a focus on both judicial and security cooperation. The Convention also specifies the measures and procedures to be undertaken in the prevention and punishment of criminals and their aiders and abettors. Following Egypt’s signing of the Convention, in force as of the 8th of October 2014, the agreement now boasts twelve Arab nations. The Convention will strengthen cooperation between those nations without prejudice to each country’s public and legal system.
Scope of application
The Convention shall apply to various criminal acts, including financial crimes such as money laundering, corruption, private sector financial crimes, fraud relating to financial and banking institutions, counterfeiting, environmental crimes and the transport of hazardous materials, information technology crimes and the obstruction of justice. As noted in this issue of Egypt Legal Update, there is a separate Arab Convention regarding information technology crimes, which Egypt ratified on the 21st of December 2014.
The Convention provides a wide definition of the types of crimes that fall within its scope, which includes any other cross-border organised crimes that are punishable by imprisonment for a period of not less than three years in accordance with the national legislation of each signatory country.
The definition of cross-border organised crime in the Convention is noteworthy. The Convention considered cross-border organised crime to be any crime with a cross-border character, committed (solely or through participation), planned by, financed or attempted by an organized criminal association. While the definition of “cross-border character” is not conclusive, it will probably apply to an array of economic crimes, such as money laundering and illegal tax evasion through tax-havens.
The Convention provides a detailed description of what is meant by an organized criminal association. Such definition includes associations that are formed spontaneously or arbitrarily for the purpose of committing a certain crime. While this serves to prevent the casting of an excessively wide net, it does not mean that the Convention will only apply to larger established criminal organizations. The Convention further states that an association need not include more than three individuals, for an unspecified period of time, that it does not need to have a clear or established structure, and that its membership need not be stable. This two-pronged approach appears to be an attempt to adapt to the fast-changing nature of organised crime without extending the Convention’s jurisdiction to other forms of crime that may not be worthy or appropriate for the specialized protection afforded by the Convention.
Duties and obligations of each signatory state
Each signatory state shall take all necessary measures – through its own domestic legislation and in accordance with its administrative system and constitutional principles – to criminalise the acts and the aiding and abetting of such acts as provided for in the Convention. This will not prejudice the sovereignty or territorial integrity of any nation, nor affect each nation’s right of non-interference in its internal affairs
Each nation will set the statute of limitations it deems appropriate for the crimes detailed in the Convention, as well as the exemptions and the instances when punishment can be mitigated. Nations will also provide co-signatories with aid and support; for example, with legal assistance in the pursuit and investigation of criminals, and subsequent judicial procedures. The Convention determines those instances in which co-signatories can request mutual aid and legal support, as well as the cases for refusal of such assistance. The Convention also sets out the possibility for authorities and investigative panels to be co-founded by signatory nations.
As well as the above duties, the Convention obligates the signatory nations to seize, confiscate, and turn over all materials related to the criminal activity, as well as extraditing criminals, with certain special exceptions set out in the Convention.
Finally, the Convention obliges every signatory country to recognise all final criminal and civil judgments adjudicated in the courts of another signatory nation. As with the turning over of evidence and extradition of criminals, this obligation also has special exceptions set out in the Convention.
[1] Presidential Decree No 277/2014 issued on 19 August 2014