INB5: Offences (Part IV) and International Co-operation (Part V)

08 Mar 2012

Key recommendations

•    If Parties decide to retain significant provisions on mutual legal assistance (Article 30) and extradition (Articles 30 and 31), the text should be as close as possible to existing conventions (primarily UNTOC) in order to avoid weakening them;
•    Article 12 (c) should be modified to remove references to the counterfeiting of tobacco products – that is, the violation of tobacco industry trade marks. As drafted, the provision risks diverting scarce investment resources into intellectual property issues that are outside the purpose of this Protocol;
•    Article 12 should also be modified to create more certainty as to when or when not mutual legal assistance and extradition obligations are triggered.

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