Tuesday, 29 April 2014

UN Convention of Psychotropic Substances, 1971

CONVENTION ON
PSYCHOTROPIC SUBSTANCES, 1971
UNITED NATIONS
FINAL ACT OF THE UNITED NATIONS CONFERENCE FOR THE ADOPTION OF A PROTOCOL ON PSYCHOTROPIC SUBSTANCES
1. The Economic and Social Council of the United Nations, in accordance with Article 62, paragraph 4, of the Charter of the United Nations, and with the provisions of General Assembly resolution 366 (IV) of 3 December 1949, decided, by resolution 1474 (XLVIII), to convene a conference of plenipotentiaries for the adoption of a Protocol on Psychotropic Substances.
2. The United Nations Conference for the Adoption of a Protocol on Psychotropic Substances met in Vienna from 1 1 January to 21 February 1971.
3. The following 71 States were represented by representatives at the Conference:
Algeria
Ghana
Panama
Argentina
Greece
Paraguay
Australia
Guatemala
Poland
Austria
Guyana
Portugal
Belgium
Holy See
Rep. of Korea
Brazil
Honduras
Rwanda
Bulgaria
Hungary
San Marino
Burma
India
South Africa
Byelorussian Soviet Socialist Republic
Iran
Spain
Cameroon
Iraq
Sweden
Canada
Ireland
Switzerland
Chile
Israel
Thailand
China
Italy
Togo
Colombia
Japan
Trinidad and Tobago
Congo (Dem. Rep. of)
Lebanon
Tunisia
Costa Rica
Liberia
Turkey
Denmark
Luxembourg
Ukrainian Soviet Socialist Republic
Dominican Rep.
Mexico
Union of Soviet Socialist Republics
Ecuador
Monaco
United Arab Republic
El Salvador
Netherlands
United Kingdom
Fed. Rep. of Germany
New Zealand
United States of America
Finland
Nicaragua
Venezuela
France
Norway
Yugoslavia
Gabon
Pakistan
4. The following States were represented by an observer at the Conference:
Czechoslovakia
Romania
Republic of Vietnam
Uruguay
5. The following specialized agency was represented at the Conference:
World Health Organization
6. The following international body was represented at the Conference:
International Narcotics Control Board
7. The following non-governmental organization was represented at the Conference:
International Criminal Police Organization ICPO/INTERPOL by invitation in accordance with Economic and Social Council resolution 1474 (XLVIII).
8. General A. A. El Hadeka, Director of the Permanent Anti-Narcotics Bureau of the League of Arab States, at the invitation at the Conference, also attended in a personal capacity under Rule 39 of the rules of procedure.
9. In accordance with the resolution of the Economic and Social Council referred to in paragraph 1 and with the rules of procedure adopted by the Conference, the observers and the representatives of the above-mentioned organizations and bodies participated in the work of the Conference without the right to vote.
10. The Conference elected Mr. E. Nettel (Austria) as President, and as Vice-Presidents the representatives of the following States:
Brazil
Turkey
Ghana
Union of Soviet Socialist Republics
India
United Arab Republic
Japan
United Kingdom of Great Britain and Northern Ireland
Mexico
United States of America
Togo
11. Mr. V. Winspeare-Guicciardi was the representative of the Secretary General on the opening day of the Conference, being succeeded thereafter by Dr. V. Kuševic. The Executive Secretary of the Conference was Dr. V. Kuševic, the Legal Adviser was Mr. G. Wattles and the Deputy Executive Secretary was Mr. Ansar Khan.
12. The Conference had before it a draft Protocol on Psychotropic Substances prepared by the Commission on Narcotic Drugs of the Council, and other documentation prepared by the Secretary-General.
13. The Conference set up the following Committees:
General Committee Chairman: The President of the Conference
Technical Committee Chairman: Professor B. A. Rexed (Sweden)
Drafting Committee Chairman: Mr. D. Nikoli (Yugoslavia)
Committee on Control Measures Chairman: Dr. J. Mabileau (France)
Credentials Committee Chairman: Dr. P. A. Jennings (Ireland)
14. The Technical Committee established the following Ad hoc Working Group:
Ad Hoc Working Group on Article 2 (paragraphs 4 and 5) (Scope of control of substances) Chairman: Dr. H. El Hakim (United Arab Republic)
15. The Committee on Control Measures established the following Ad Hoc Working Groups:
Ad Hoc Working Group on Article 2 (paragraphs 7 and 8) (Scope of control of substances) Chairman: Mr. D. P. Anand (India)
Ad Hoe Working Group on Article 2 (bis) (Special provisions regarding the control of preparations) Chairman: Mr. D. E. Miller (United States of America)
Ad Hoc Working Group on Article 4 (Limitation of use to medical and scientific purposes) Chairman: Dr. A. M. Walshe (Australia)
Ad Hoc Working Group on Article 6 (Special provisions regarding substances in Schedule 1) Chairman: Mr. J. H. W. Hoogwater (Netherlands)
Ad Hoc Working Group on Article 7 (Licences) Chairman: Mr. D. Nikoli (Yugoslavia)
Ad Hoc Working Group on Article 8 (Prescriptions) Chairman: Dr. V. V. Olguin (Argentina)
Ad Hoc Working Group on Article 10 (Records) Chairman: Mr. A. C. Kirca
Ad Hoc Working Group on Articles 11 and 12 (Provisions relating to international trade and Prohibition of and restriction on the import and export of psychotropic substances) Chairman: Mr. J. P. Bertschinger (Switzerland)
Ad Hoc Working Group on Article 14 (Reports to be furnished by Parties) Chairman: Mr. M. K. B. Asante (Ghana)
16. As a result of its deliberations, as recorded in the summary records of the Plenary and the Minutes of the Meetings of the General Committee and the Committee on Control Measures and the Reports of all the Committees, the Conference adopted and opened for signature the Convention on Psychotropic Substances, 1971. In addition the Conference adopted three resolutions annexed to this Final Act.
DONE at Vienna, this twenty-first day of February, one thousand nine hundred and seventy one, in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. The original text shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the representatives have signed this Final Act.
RESOLUTIONS ADOPTED BY THE UNITED NATIONS CONFERENCE FOR THE ADOPTION OF A CONVENTION ON PSYCHOTROPIC SUBSTANCES
Resolution I
PROVISIONAL APPLICATION OF THE CONVENTION ON PSYCHOTROPIC SUBSTANCES PENDING ITS ENTRY INTO FORCE
The Conference,
1. Invites States, to the extent that they are able to do so, to apply provisionally the measures of control provided in the Convention on Psychotropic Substances pending its entry into force for each of them;
2. Requests the Secretary-General to transmit this resolution to the Economic and Social Council, the General Assembly and the World Health Organization, with a view to their reaffirming the invitation contained herein.
Resolution II
RESEARCH ON THE AMPHETAMINE DRUGS
The Conference,
Considering that the amphetamines are particularly liable to abuse and are objects of illicit traffic,
Considering that the therapeutic value of these drugs, though acknowledged, is limited,
1. Requests the World Health Assembly to encourage research on less dangerous substances capable of replacing the amphetamine drugs, and to sponsor such research within the limits of the available resources;
2. Recommends that governments with the necessary facilities should take similar action.
Resolution III
TRIBUTE TO THE FEDERAL GOVERNMENT OF THE REPUBLIC OF AUSTRIA
The Conference,
Being convened by resolution 1474 (XLVIII) of the Economic and Social Council of 24 March 1970,
Having met in Vienna from 11 January to 21 February 1971, at the invitation of the Government of the Republic of Austria,
Expresses to the Government of the Republic of Austria its deep appreciation for the facilities and courtesies extended to it by the Government, which contributed notably to the success of its work.
CONTENTS
Page
Convention on Psychotropic Substances..........................................................................1
Article 1 Use of terms....................................................................................1
Article 2 Scope of control of substances............................................................2
Article 3 Special provisions regarding the control of preparations..........................4
Article 4 Other special provisions regarding the scope of control...........................5
Article 5 Limitation of use to medical and scientific purposes...............................5
Article 6 Special administration.......................................................................5
Article 7 Special provisions regarding substances in Schedule I............................5
Article 8 Licences..........................................................................................6
Article 9 Prescriptions....................................................................................6
Article 10 Warnings on packaging and advertising................................................7
Article 11 Records...........................................................................................7
Article 12 Provisions relating to international trade...............................................7
Article 13 Prohibition of and restrictions on export and import...............................9
Article 14 Special provisions concerning the carriage of psychotropic substances in first-aid kits of ships, aircraft or other forms of public transport engaged in international traffic............................................................................9
Article 15 Inspection......................................................................................10
Article 16 Reports to be furnished by the Parties................................................10
Article 17 Functions of the Commission............................................................11
Article 18 Reports of the Board.......................................................................11
Article 19 Measures by the Board to ensure the execution of the provisions of the Convention....................................................................................11
Article 20 Measures against the abuse of psychotropic substances........................12
Article 21 Action against the illicit traffic...........................................................12
Article 22 Penal provisions..............................................................................12
Article 23 Application of stricter control measures than those required by this Convention....................................................................................13
Article 24 Expenses of international organs incurred in administering the provisions of the Convention...............................................................................13
Article 25 Procedure for admission, signature, ratification and accession...............14
Article 26 Entry into force...............................................................................14
Article 27 Territorial application.......................................................................14
Article 28 Regions for the purposes of this Convention........................................14
Article 29 Denunciation..................................................................................15
Article 30 Amendments..................................................................................15
Article 31 Disputes........................................................................................15
Article 32 Reservations..................................................................................15
Article 33 Notifications...................................................................................16
Schedules (Please see Green List among Controlled Substances, at: http://www.incb.orb/e/index.htm )
CONVENTION ON PSYCHOTROPIC SUBSTANCES*
PREAMBLE
The Parties,
Being concerned with the health and welfare of mankind,
Noting with concern the public health and social problems resulting from the abuse of certain psychotropic substances,
Determined to prevent and combat abuse of such substances and the illicit traffic to which it gives rise,
Considering that rigorous measures are necessary to restrict the use of such substances to legitimate purposes,
Recognizing that the use of psychotropic substances for medical and scientific purposes is indispensable and that their availability for such purposes should not be unduly restricted,
Believing that effective measures against abuse of such substances require co-ordination and universal action,
Acknowledging the competence of the United Nations in the field of control of psychotropic substances and desirous that the international organs concerned should be within the framework of that Organization,
Recognizing that an international convention is necessary to achieve these purposes,
Agree as follows:
Article 1
USE OF TERMS
Except where otherwise expressly indicated, or where the context otherwise requires, the following terms in this Convention have the meanings given below:
a) “Council” means the Economic and Social Council of the United Nations.
b) “Commission” means the Commission on Narcotic Drugs of the Council.
c) “Board” means the International Narcotics Control Board provided for in the Single Convention on Narcotic Drugs, 1961.
d) “Secretary-General” means the Secretary-General of the United Nations.
e) “Psychotropic substance” means any substance, natural or synthetic, or any natural material in Schedule I, II, III or IV.
f) “Preparation” means:
i) Any solution or mixture, in whatever physical state, containing one or more psychotropic substances, or
ii) One or more psychotropic substances in dosage form.
g) “Schedule I”, “Schedule II”, “Schedule III” and “Schedule IV” mean the correspondingly numbered lists of psychotropic substances annexed to this Convention, as altered in accordance with article 2.
h) “Export” and “import” mean in their respective connotations the physical transfer of a psychotropic substance from one State to another State.
* Note by the Secretariat: In the following text a number of minor corrections are included which were required owing to certain errors and omissions in the English text of the original of the Convention and which were made by a Procés-Verbal of Rectification of the Original of the Convention, signed on 15 August 1973 and communicated to Governments by the Office of Legal Affairs of the United Nations in circular notes C.N.169. 1973. TREATIES-5 and C.N.321. 1974. TREATIES-1 dated 30 August 1973 and 9 December 1974 respectively. They affect article 2, para. 7 a) and the chemical formulae of certain substances in Schedules I, II and IV annexed to the Convention.
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i) “Manufacture” means all processes by which psychotropic substances may be obtained, and includes refining as well as the transformation of psychotropic substances into other psychotropic substances. The term also includes the making of preparations other than those made on prescription in pharmacies.
j) “Illicit traffic” means manufacture of or trafficking in psychotropic substances contrary to the provisions of this Convention.
k) “Region” means any part of a State which, pursuant to article 28, is treated as a separate entity for the purposes of this Convention.
l) “Premises” means buildings or parts of buildings, including the appertaining land.
Article 2
SCOPE OF CONTROL OF SUBSTANCES
1. If a Party or the World Health Organization has information relating to a substance not yet under international control which in its opinion may require the addition of that substance to any of the Schedules of this Convention, it shall notify the Secretary-General and furnish him with the information in support of that notification. The foregoing procedure shall also apply when a Party or the World Health Organization has information justifying the transfer of a substance from one Schedule to another among those Schedules, or the deletion of a substance from the Schedules.
2. The Secretary-General shall transmit such notification, and any information which he considers relevant, to the Parties, to the Commission and, when the notification is made by a Party, to the World Health Organization.
3. If the information transmitted with such a notification indicates that the substance is suitable for inclusion in Schedule I or Schedule II pursuant to paragraph 4, the Parties shall examine, in the light of all information available to them, the possibility of the provisional application to the substance of all measures of control applicable to substances in Schedule I or Schedule II, as appropriate.
4. If the World Health Organization finds:
a) That the substance has the capacity to produce
i) 1) A state of dependence, and
2) Central nervous system stimulation or depression, resulting in hallucinations or disturbances in motor function or thinking or behaviour or perception or mood, or
ii) Similar abuse and similar ill effects as a substance in Schedule I, II, III or IV, and
b) That there is sufficient evidence that the substance is being or is likely to be abused so as to constitute a public health and social problem warranting the placing of the substance under international control, the World Health Organization shall communicate to the Commission an assessment of the substance, including the extent or likelihood of abuse, the degree of seriousness of the public health and social problem and the degree of usefulness of the substance in medical therapy, together with recommendations on control measures, if any, that would be appropriate in the light of its assessment.
5. The Commission, taking into account the communication from the World Health Organization, whose assessments shall be determinative as to medical and scientific matters, and bearing in mind the economic, social, legal, administrative and other factors it may consider relevant, may add the substance to Schedule I, II, III or IV. The Commission may seek further information from the World Health Organization or from other appropriate sources.
6. If a notification under paragraph 1 relates to a substance already listed in one of the Schedules, the World Health Organization shall communicate to the Commission its new findings, any new assessment of the substance it may make in accordance with paragraph 4 and any new recommendations on control measures it may find appropriate in the light of that assessment. The Commission, taking into account the communication from the World Health Organization as under paragraph 5 and bearing in mind the factors referred to in that paragraph, may decide to transfer the substance from one Schedule to another or to delete it from the Schedules.
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7. Any decision of the Commission taken pursuant to this article shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to this Convention, to the World Health Organization and to the Board. Such decision shall become fully effective with respect to each Party 180 days after the date of such communication, except for any Party which, within that period, in respect of a decision adding a substance to a Schedule, has transmitted to the Secretary-General a written notice that, in view of exceptional circumstances, it is not in a position to give effect with respect to that substance to all of the provisions of the Convention applicable to substances in that Schedule. Such notice shall state the reasons for this exceptional action. Notwithstanding its notice, each Party shall apply, as a minimum, the control measures listed below:
a) A Party having given such notice with respect to a previously uncontrolled substance added to Schedule I shall take into account, as far as possible, the special control measures enumerated in article 7 and, with respect to that substance, shall:
i) Require licences for manufacture, trade and distribution as provided in article 8 for substances in Schedule II;
ii) Require medical prescriptions for supply or dispensing as provided in article 9 for substances in Schedule II;
iii) Comply with the obligations relating to export and import provided in article 12, except in respect to another Party having given such notice for the substance in question;
iv) Comply with the obligations provided in article 13 for substances in Schedule II in regard to prohibition of and restrictions on export and import;
v) Furnish statistical reports to the Board in accordance with paragraph 4 a) of article 16; and
vi) Adopt measures in accordance with article 22 for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations.
b) A Party having given such notice with regard to a previously uncontrolled substance added to Schedule II shall, with respect to that substance:
i) Require licences for manufacture, trade and distribution in accordance with article 8;
ii) Require medical prescriptions for supply or dispensing in accordance with article 9;
iii) Comply with the obligations relating to export and import provided in Article 12, except in respect to another Party having given such notice for the substance in question;
iv) Comply with the obligations of article 13 in regard to prohibition of and restrictions on export and import;
v) Furnish statistical reports to the Board in accordance with paragraphs 4 a), c) and d) of article 16; and
vi) Adopt measures in accordance with article 22 for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations.
c) A Party having given such notice with regard to a previously uncontrolled substance added to Schedule III shall, with respect to that substance:
i) Require licences for manufacture, trade and distribution in accordance with article 8;
ii) Require medical prescriptions for supply or dispensing in accordance with article 9;
iii) Comply with the obligations relating to export provided in article 12, except in respect to another Party having given such notice for the substance in question;
iv) Comply with the obligations of article 13 in regard to prohibition of and restrictions on export and import; and
v) Adopt measures in accordance with article 22 for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations.
d) A Party having given such notice with regard to a previously uncontrolled substance added to Schedule IV shall, with respect to that substance:
i) Require licences for manufacture, trade and distribution in accordance with article 8;
ii) Comply with the obligations of article 13 in regard to prohibition of and restrictions on export and import; and
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iii) Adopt measures in accordance with article 22 for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations.
e) A Party having given such notice with regard to a substance transferred to a Schedule providing stricter controls and obligations shall apply as a minimum all of the provisions of this Convention applicable to the Schedule from which it was transferred.
8. a) The decisions of the Commission taken under this article shall be subject to review by the Council upon the request of any Party filed within 180 days from receipt of notification of the decision. The request for review shall be sent to the Secretary-General together with all relevant information upon which the request for review is based.
b) The Secretary-General shall transmit copies of the request for review and the relevant information to the Commission, to the World Health Organization and to all the Parties, inviting them to submit comments within ninety days. All comments received shall be submitted to the Council for consideration.
c) The Council may confirm, alter or reverse the decision of the Commission. Notification of the Council's decision shall be transmitted to all States Members of the United Nations, to non-member States Parties to this Convention, to the Commission, to the World Health Organization and to the Board.
d) During pendency of the review, the original decision of the Commission shall, subject to paragraph 7, remain in effect.
9. The Parties shall use their best endeavours to apply to substances which do not fall under this Convention, but which may be used in the illicit manufacture of psychotropic substances, such measures of supervision as may be practicable.
Article 3
SPECIAL PROVISIONS REGARDING THE CONTROL OF PREPARATIONS
1. Except as provided in the following paragraphs of this article, a preparation is subject to the same measures of control as the psychotropic substance which it contains, and, if it contains more than one such substance, to the measures applicable to the most strictly controlled of those substances.
2. If a preparation containing a psychotropic substance other than a substance in Schedule I is compounded in such a way that it presents no, or a negligible, risk of abuse and the substance cannot be recovered by readily applicable means in a quantity liable to abuse, so that the preparation does not give rise to a public health and social problem, the preparation may be exempted from certain of the measures of control provided in this Convention in accordance with paragraph 3.
3. If a Party makes a finding under the preceding paragraph regarding a preparation, it may decide to exempt the preparation, in its country or in one of its regions, from any or all of the measures of control provided in this Convention except the requirements of:
a) article 8 (licences), as it applies to manufacture;
b) article 11 (records), as it applies to exempt preparations;
c) article 13 (prohibition of and restrictions on export and import);
d) article 15 (inspection), as it applies to manufacture;
e) article 16 (reports to be furnished by the Parties), as it applies to exempt preparations; and
f) article 22 (penal provisions), to the extent necessary for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations.
A Party shall notify the Secretary-General of any such decision, of the name and composition of the exempt preparation, and of the measures of control from which it is exempted. The Secretary-General shall transmit the notification to the other Parties, to the World Health Organization and to the Board.
4. If a Party or the World Health Organization has information regarding a preparation exempted pursuant to paragraph 3 which in its opinion may require the termination, in whole or in part, of the exemption, it shall notify the Secretary-General and furnish him with the information in support of the notification. The Secretary-General shall transmit such notification, and any information which he considers relevant, to the Parties, to the Commission and, when the notification is made by a Party, to the World Health Organization. The World Health Organization shall communicate to the Commission an assessment of the preparation in relation to the matters specified in paragraph 2, together with a recommendation of the control measures, if any, from which the preparation should cease to be
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exempted. The Commission, taking into account the communication from the World Health Organization, whose assessment shall be determinative as to medical and scientific matters, and bearing in mind the economic, social, legal, administrative and other factors it may consider relevant, may decide to terminate the exemption of the preparation from any or all control measures. Any decision of the Commission taken pursuant to this paragraph shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to this Convention, to the World Health Organization and to the Board. All Parties shall take measures to terminate the exemption from the control measure or measures in question within 180 days of the date of the Secretary-General’s communication.
Article 4
OTHER SPECIAL PROVISIONS REGARDING THE SCOPE OF CONTROL
In respect of psychotropic substances other than those in Schedule I, the Parties may permit:
a) The carrying by international travellers of small quantities of preparations for personal use; each Party shall be entitled, however, to satisfy itself that these preparations have been lawfully obtained;
b) The use of such substances in industry for the manufacture of non-psychotropic substances or products, subject to the application of the measures of control required by this Convention until the psychotropic substances come to be in such a condition that they will not in practice be abused or recovered;
c) The use of such substances, subject to the application of the measures of control required by this Convention, for the capture of animals by persons specifically authorized by the competent authorities to use such substances for that purpose.
Article 5
LIMITATION OF USE TO MEDICAL AND SCIENTIFIC PURPOSES
1. Each Party shall limit the use of substances in Schedule I as provided in article 7.
2. Each Party shall, except as provided in article 4, limit by such measures as it considers appropriate the manufacture, export, import, distribution and stocks of, trade in, and use and possession of, substances in Schedules II, III and IV to medical and scientific purposes.
3. It is desirable that the Parties do not permit the possession of substances in Schedules II, III and IV except under legal authority.
Article 6
SPECIAL ADMINISTRATION
It is desirable that for the purpose of applying the provisions of this Convention, each Party establish and maintain a special administration, which may with advantage be the same as, or work in close co-operation with, the special administration established pursuant to the provisions of conventions for the control of narcotic drugs.
Article 7
SPECIAL PROVISIONS REGARDING SUBSTANCES IN SCHEDULE I
In respect of substances in Schedule I, the Parties shall:
a) Prohibit all use except for scientific and very limited medical purposes by duly authorized persons, in medical or scientific establishments which are directly under the control of their Governments or specifically approved by them;
b) Require that manufacture, trade, distribution and possession be under a special licence or prior authorization;
c) Provide for close supervision of the activities and acts mentioned in paragraphs a) and b);
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d) Restrict the amount supplied to a duly authorized person to the quantity required for his authorized purpose;
e) Require that persons performing medical or scientific functions keep records concerning the acquisition of the substances and the details of their use, such records to be preserved for at least two years after the last use recorded therein; and
f) Prohibit export and import except when both the exporter and importer are the competent authorities or agencies of the exporting and importing country or region, respectively, or other persons or enterprises which are specifically authorized by the competent authorities of their country or region for the purpose. The requirements of paragraph 1 of article 12 for export and import authorizations for substances in Schedule II shall also apply to substances in Schedule I.
Article 8
LICENCES
1. The Parties shall require that the manufacture of, trade (including export and import trade) in, and distribution of substances listed in Schedules II, III and IV be under licence or other similar control measure.
2. The Parties shall:
a) Control all duly authorized persons and enterprises carrying on or engaged in the manufacture of, trade (including export and import trade) in, or distribution of substances referred to in paragraph 1;
b) Control under licence or other similar control measure the establishments and premises in which such manufacture, trade or distribution may take place; and
c) Provide that security measures be taken with regard to such establishments and premises in order to prevent theft or other diversion of stocks.
3. The provisions of paragraphs 1 and 2 of this article relating to licensing or other similar control measures need not apply to persons duly authorized to perform and while performing therapeutic or scientific functions.
4. The Parties shall require that all persons who obtain licences in accordance with this Convention or who are otherwise authorized pursuant to paragraph 1 of this article or sub-paragraph b) of article 7 shall be adequately qualified for the effective and faithful execution of the provisions of such laws and regulations as are enacted in pursuance of this Convention.
Article 9
PRESCRIPTIONS
1. The Parties shall require that substances in Schedules II, III and IV be supplied or dispensed for use by individuals pursuant to medical prescription only, except when individuals may lawfully obtain, use, dispense or administer such substances in the duly authorized exercise of therapeutic or scientific functions.
2. The Parties shall take measures to ensure that prescriptions for substances in Schedules II, III and IV are issued in accordance with sound medical practice and subject to such regulation, particularly as to the number of times they may be refilled and the duration of their validity, as will protect the public health and welfare.
3. Notwithstanding paragraph 1, a Party may, if in its opinion local circumstances so require and under such conditions, including record-keeping, as it may prescribe, authorize licensed pharmacists or other licensed retail distributors designated by the authorities responsible for public health in its country or part thereof to supply, at their discretion and without prescription, for use for medical purposes by individuals in exceptional cases, small quantities, within limits to be defined by the Parties, of substances in Schedules III and IV.
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Article 10
WARNINGS ON PACKAGES, AND ADVERTISING
1. Each Party shall require, taking into account any relevant regulations or recommendations of the World Health Organization, such directions for use, including cautions and warnings, to be indicated on the labels where practicable and in any case on the accompanying leaflet of retail packages of psychotropic substances, as in its opinion are necessary for the safety of the user.
2. Each Party shall, with due regard to its constitutional provisions, prohibit the advertisement of such substances to the general public.
Article 11
RECORDS
1. The Parties shall require that, in respect of substances in Schedule I, manufactures and all other persons authorized under article 7 to trade in and distribute those substances keep records, as may be determined by each Party, showing details of the quantities manufactured, the quantities held in stock, and, for each acquisition and disposal, details of the quantity, date, supplier and recipient.
2. The Parties shall require that, in respect of substances in Schedules II and III, manufacturers, wholesale distributors, exporters and importers keep records, as may be determined by each Party, showing details of the quantities manufactured and, for each acquisition and disposal, details of the quantity, date, supplier and recipient.
3. The Parties shall require that, in respect of substances in Schedule II, retail distributors, institutions for hospitalization and care and scientific institutions keep records, as may be determined by each Party, showing, for each acquisition and disposal, details of the quantity, date, supplier and recipient.
4. The Parties shall ensure, through appropriate methods and taking into account the professional and trade practices in their countries, that information regarding acquisition and disposal of substances in Schedule III by retail distributors, institutions for hospitalization and care and scientific institutions is readily available.
5. The Parties shall require that, in respect of substances in Schedule IV, manufacturers, exporters and importers keep records, as may be determined by each Party, showing the quantities manufactured, exported and imported.
6. The Parties shall require manufacturers of preparations exempted under paragraph 3 of article 3 to keep records as to the quantity of each psychotropic substance used in the manufacture of an exempt preparation, and as to the nature, total quantity and initial disposal of the exempt preparation manufactured therefrom.
7. The Parties shall ensure that the records and information referred to in this article which are required for purposes of reports under article 16 shall be preserved for at least two years.
Article 12
PROVISIONS RELATING TO INTERNATIONAL TRADE
1. a) Every Party permitting the export or import of substances in Schedule I or II shall require a separate import or export authorization, on a form to be established by the Commission, to be obtained for each such export or import whether it consists of one or more substances.
b) Such authorization shall state the international non-proprietary name, or, lacking such a name, the designation of the substance in the Schedule, the quantity to be exported or imported, the pharmaceutical form, the name and address of the exporter and importer, and the period within which the export or import must be effected. If the substance is exported or imported in the form of a preparation, the name of the preparation, if any, shall additionally be furnished. The export authorization shall also state the number and date of the import authorization and the authority by whom it has been issued.
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c) Before issuing an export authorization the Parties shall require an import authorization, issued by the competent authority of the importing country or region and certifying that the importation of the substance or substances referred to therein is approved, and such an authorization shall be produced by the person or establishment applying for the export authorization.
d) A copy of the export authorization shall accompany each consignment, and the Government issuing the export authorization shall send a copy to the Government of the importing country or region.
e) The Government of the importing country or region, when the importation has been effected, shall return the export authorization with an endorsement certifying the amount actually imported, to the Government of the exporting country or region.
2. a) The Parties shall require that for each export of substances in Schedule III exporters shall draw up a declaration in triplicate, on a form to be established by the Commission, containing the following information:
i) The name and address of the exporter and importer;
ii) The international non-proprietary name, or, failing such a name, the designation of the substance in the Schedule;
iii) The quantity and pharmaceutical form in which the substance is exported, and, if in the form of a preparation, the name of the preparation, if any; and
iv) The date of despatch.
b) Exporters shall furnish the competent authorities of their country or region with two copies of the declaration. They shall attach the third copy to their consignment.
c) A Party from whose territory a substance in Schedule III has been exported shall, as soon as possible but not later than ninety days after the date of despatch, send to the competent authorities of the importing country or region, by registered mail with return of receipt requested, one copy of the declaration received from the exporter.
d) The Parties may require that, on receipt of the consignment, the importer shall transmit the copy accompanying the consignment, duly endorsed stating the quantities received and the date of receipt, to the competent authorities of his country or region.
3. In respect of substances in Schedules I and II the following additional provisions shall apply:
a) The Parties shall exercise in free ports and zones the same supervision and control as in other parts of their territory, provided, however, that they may apply more drastic measures.
b) Exports of consignments to a post office box, or to a bank to the account of a person other than the person named in the export authorization, shall be prohibited.
c) Exports to bonded warehouses of consignments of substances in Schedule I are prohibited. Exports of consignments of substances in Schedule II to a bonded warehouse are prohibited unless the Government of the importing country certifies on the import authorization, produced by the person or establishment applying for the export authorization, that it has approved the importation for the purpose of being placed in a bonded warehouse. In such case the export authorization shall certify that the consignment is exported for such purpose. Each withdrawal from the bonded warehouse shall require a permit from the authorities having jurisdiction over the warehouse and, in the case of a foreign destination, shall be treated as if it were a new export within the meaning of this Convention.
d) Consignments entering or leaving the territory of a Party not accompanied by an export authorization shall be detained by the competent authorities.
e) A Party shall not permit any substances consigned to another country to pass through its territory, whether or not the consignment is removed from the conveyance in which it is carried, unless a copy of the export authorization for consignment is produced to the competent authorities of such Party.
f) The competent authorities of any country or region through which a consignment of substances is permitted to pass shall take all due measures to prevent the diversion of the consignment to a destination other than that named in the accompanying copy of the export authorization, unless the Government of the country or region through which the consignment is passing authorizes the diversion. The Government of the country or region of transit shall treat any requested diversion as if the diversion were an export from the country or region of transit to the country or region of new destination. If the diversion is authorized, the provisions of paragraph 1 e) shall also apply between the country or region of transit and the country or region which originally exported the consignment.
g) No consignment of substances, while in transit or whilst being stored in a bonded warehouse, may be subjected to any process which would change the nature of the
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substance in question. The packing may not be altered without the permission of the competent authorities.
h) The provisions of sub-paragraphs e) to g) relating to the passage of substances through the territory of a Party do not apply where the consignment in question is transported by aircraft which does not land in the country or region of transit. If the aircraft lands in any such country or region, those provisions shall be applied so far as circumstances require.
i) The provisions of this paragraph are without prejudice to the provisions of any international agreements which limit the control which may be exercised by any of the Parties over such substances in transit.
Article 13
PROHIBITION OF AND RESTRICTIONS ON EXPORT AND IMPORT
1. A Party may notify all the other Parties through the Secretary-General that it prohibits the import into its country or into one of its regions of one or more substances in Schedule II, III or IV, specified in its notification. Any such notification shall specify the name of the substance as designated in Schedule II, III or IV.
2. If a Party has been notified of a prohibition pursuant to paragraph 1, it shall take measures to ensure that none of the substances specified in the notification is exported to the country or one of the regions of the notifying Party.
3. Notwithstanding the provisions of the preceding paragraphs, a Party which has given notification pursuant to paragraph 1 may authorize by special import licence in each case the import of specified quantities of the substances in question or preparations containing such substances. The issuing authority of the importing country shall send two copies of the special import licence, indicating the name and address of the importer and the exporter, to the competent authority of the exporting country or region, which may then authorize the exporter to make the shipment. One copy of the special import licence, duly endorsed by the competent authority of the exporting country or region, shall accompany the shipment.
Article 14
SPECIAL PROVISIONS CONCERNING THE CARRIAGE OF PSYCHOTROPIC SUBSTANCES IN
FIRST-AID KITS OF SHIPS, AIRCRAFT OR OTHER FORMS OF PUBLIC TRANSPORT
ENGAGED IN INTERNATIONAL TRAFFIC
1. The international carriage by ships, aircraft or other forms of international public transport, such as international railway trains and motor coaches, of such limited quantities of substances in Schedule II, III or IV as may be needed during their journey or voyage for first-aid purposes or emergency cases shall not be considered to be export, import or passage through a country within the meaning of this Convention.
2. Appropriate safeguards shall be taken by the country of registry to prevent the improper use of the substances referred to in paragraph 1 or their diversion for illicit purposes. The Commission, in consultation with the appropriate international organizations, shall recommend such safeguards.
3. Substances carried by ships, aircraft or other forms of international public transport, such as international railway trains and motor coaches, in accordance with paragraph 1 shall be subject to the laws, regulations, permits and licences of the country of registry, without prejudice to any rights of the competent local authorities to carry out checks, inspections and other control measures on board these conveyances. The administration of such substances in the case of emergency shall not be considered a violation of the requirements of paragraph 1 of article 9. - 9 -
Article 15
INSPECTION
The Parties shall maintain a system of inspection of manufacturers, exporters, importers, and wholesale and retail distributors of psychotropic substances and of medical and scientific institutions which use such substances. They shall provide for inspections, which shall be made as frequently as they consider necessary, of the premises and of stocks and records.
Article 16
REPORTS TO BE FURNISHED BY THE PARTIES
1. The Parties shall furnish to the Secretary-General such information as the Commission may request as being necessary for the performance of its functions, and in particular an annual report regarding the working of the Convention in their territories including information on:
a) Important changes in their laws and regulations concerning psychotropic substances; and
b) Significant developments in the abuse of and the illicit traffic in psychotropic substances within their territories.
2. The Parties shall also notify the Secretary-General of the names and addresses of the governmental authorities referred to in sub-paragraph f) of article 7, in article 12 and in paragraph 3 of article 13. Such information shall be made available to all Parties by the Secretary-General.
3. The Parties shall furnish, as soon as possible after the event, a report to the Secretary-General in respect of any case of illicit traffic in psychotropic substances or seizure from such illicit traffic which they consider important because of:
a) New trends disclosed;
b) The quantities involved;
c) The light thrown on the sources from which the substances are obtained; or
d) The methods employed by illicit traffickers.
Copies of the report shall be communicated in accordance with sub-paragraph b) of article 21.
4. The Parties shall furnish to the Board annual statistical reports in accordance with forms prepared by the Board:
a) In regard to each substance in Schedules I and II, on quantities manufactured, exported to and imported from each country or region as well as on stocks held by manufacturers;
b) In regard to each substance in Schedules III and IV, on quantities manufactured, as well as on total quantities exported and imported;
c) In regard to each substance in Schedules II and III, on quantities used in the manufacture of exempt preparations; and
d) In regard to each substance other than a substance in Schedule I, on quantities used for industrial purposes in accordance with sub-paragraph b) of article 4.
The quantities manufactured which are referred to in sub-paragraphs a) and b) of this paragraph do not include the quantities of preparations manufactured.
5. A Party shall furnish the Board, on its request, with supplementary statistical information relating to future periods on the quantities of any individual substance in Schedules III and IV exported to and imported from each country or region. That Party may request that the Board treat as confidential both its request for information and the information given under this paragraph.
6. The Parties shall furnish the information referred to in paragraphs 1 and 4 in such a manner and by such dates as the Commission or the Board may request.
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Article 17
FUNCTIONS OF THE COMMISSION
1. The Commission may consider all matters pertaining to the aims of this Convention and to the implementation of its provisions, and may make recommendations relating thereto.
2. The decisions of the Commission provided for in articles 2 and 3 shall be taken by a two-thirds majority of the members of the Commission.
Article 18
REPORTS OF THE BOARD
1. The Board shall prepare annual reports on its work containing an analysis of the statistical information at its disposal, and, in appropriate cases, an account of the explanations, if any, given by or required of Governments, together with any observations and recommendations which the Board desires to make. The Board may make such additional reports, as it considers necessary. The reports shall be submitted to the Council through the Commission, which may make such comments as it sees fit.
2. The reports of the Board shall be communicated to the Parties and subsequently published by the Secretary-General. The Parties shall permit their unrestricted distribution.
Article 19
MEASURES BY THE BOARD TO ENSURE THE EXECUTION OF THE PROVISIONS OF THE CONVENTION
1. a) If, on the basis of its examination of information submitted by governments to the Board or of information communicated by United Nations organs, the Board has reason to believe that the aims of this Convention are being seriously endangered by reason of the failure of a country or region to carry out the provisions of this Convention, the Board shall have the right to ask for explanations from the Government of the country or region in question. Subject to the right of the Board to call the attention of the Parties, the Council and the Commission to the matter referred to in sub-paragraph c) below, it shall treat as confidential a request for information or an explanation by a government under this sub-paragraph.
b) After taking action under sub-paragraph a), the Board, if satisfied that it is necessary to do so, may call upon the Government concerned to adopt such remedial measures as shall seem under the circumstances to be necessary for the execution of the provisions of this Convention.
c) If the Board finds that the Government concerned has failed to give satisfactory explanations when called upon to do so under sub-paragraph a), or has failed to adopt any remedial measures which it has been called upon to take under sub-paragraph b), it may call the attention of the Parties, the Council and the Commission to the matter.
2. The Board, when calling the attention of the Parties, the Council and the Commission to a matter in accordance with paragraph 1 c), may, if it is satisfied that such a course is necessary, recommend to the Parties that they stop the export, import, or both, of particular psychotropic substances, from or to the country or region concerned, either for a designated period or until the Board shall be satisfied as to the situation in that country or region. The State concerned may bring the matter before the Council.
3. The Board shall have the right to publish a report on any matter dealt with under the provisions of this article, and communicate it to the Council, which shall forward it to all Parties. If the Board publishes in this report a decision taken under this article or any information relating thereto, it shall also publish therein the views of the Government concerned if the latter so requests.
4. If in any case a decision of the Board which is published under this article is not unanimous, the views of the minority shall be stated.
5. Any State shall be invited to be represented at a meeting of the Board at which a question directly interesting it is considered under this article.
6. Decisions of the Board under this article shall be taken by a two-thirds majority of the whole number of the Board. - 11 -
7. The provisions of the above paragraphs shall also apply if the Board has reason to believe that the aims of this Convention are being seriously endangered as a result of a decision taken by a Party under paragraph 7 of article 2.
Article 20
MEASURES AGAINST THE ABUSE OF PSYCHOTROPIC SUBSTANCES
1. The Parties shall take all practicable measures for the prevention of abuse of psychotropic substances and for the early identification, treatment, education, after-care, rehabilitation and social reintegration of the persons involved, and shall co-ordinate their efforts to these ends.
2. The Parties shall as far as possible promote the training of personnel in the treatment, after-care, rehabilitation and social reintegration of abusers of psychotropic substances.
3. The Parties shall assist persons whose work so requires to gain an understanding of the problems of abuse of psychotropic substances and of its prevention, and shall also promote such understanding among the general public if there is a risk that abuse of such substances will become widespread.
Article 21
ACTION AGAINST THE ILLICIT TRAFFIC
Having due regard to their constitutional, legal and administrative systems, the Parties shall:
a) Make arrangements at the national level for the co-ordination of preventive and repressive action against the illicit traffic; to this end they may usefully designate an appropriate agency responsible for such co-ordination;
b) Assist each other in the campaign against the illicit traffic in psychotropic substances, and in particular immediately transmit, through the diplomatic channel or the competent authorities designated by the Parties for this purpose, to the other Parties directly concerned, a copy of any report addressed to the Secretary-General under article 16 in connexion with the discovery of a case of illicit traffic or a seizure;
c) Co-operate closely with each other and with the competent international organizations of which they are members with a view to maintaining a co-ordinated campaign against the illicit traffic;
d) Ensure that international co-operation between the appropriate agencies be conducted in an expeditious manner; and
e) Ensure that, where legal papers are transmitted internationally for the purpose of judicial proceedings, the transmittal be effected in an expeditious manner to the bodies designated by the Parties; this requirement shall be without prejudice to the right of a Party to require that legal papers be sent to it through the diplomatic channel.
Article 22
PENAL PROVISIONS
1. a) Subject to its constitutional limitations, each Party shall treat as a punishable offence, when committed intentionally, any action contrary to a law or regulation adopted in pursuance of its obligations under this Convention, and shall ensure that serious offences shall be liable to adequate punishment, particularly by imprisonment or other penalty of deprivation of liberty.
b) Notwithstanding the preceding sub-paragraph, when abusers of psychotropic substances have committed such offences, the Parties may provide, either as an alternative to conviction or punishment or in addition to punishment, that such abusers undergo measures of treatment, education, after-care, rehabilitation and social reintegration in conformity with paragraph 1 of article 20.
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2. Subject to the constitutional limitations of a Party, its legal system and domestic law,
a) i) If a series of related actions constituting offences under paragraph 1 has been committed in different countries, each of them shall be treated as a distinct offence;
ii) Intentional participation in, conspiracy to commit and attempts to commit, any of such offences, and preparatory acts and financial operations in connexion with the offences referred to in this article, shall be punishable offences as provided in paragraph 1;
iii) Foreign convictions for such offences shall be taken into account for the purpose of establishing recidivism; and
iv) Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.
b) It is desirable that the offences referred to in paragraph 1 and paragraph 2 a) ii) be included as extradition crimes in any extradition treaty which has been or may hereafter be concluded between any of the Parties, and, as between any of the Parties which do not make extradition conditional on the existence of a treaty or on reciprocity, be recognized as extradition crimes; provided that extradition shall be granted in conformity with the law of the Party to which application is made, and that the Party shall have the right to refuse to effect the arrest or grant the extradition in cases where the competent authorities consider that the offence is not sufficiently serious.
3. Any psychotropic substance or other substance, as well as any equipment, used in or intended for the commission of any of the offences referred to in paragraphs 1 and 2 shall be liable to seizure and confiscation.
4. The provisions of this article shall be subject to the provisions of the domestic law of the Party concerned on questions of jurisdiction.
5. Nothing contained in this article shall affect the principle that the offences to which it refers shall be defined, prosecuted and punished in conformity with the domestic law of a Party.
Article 23
APPLICATION OF STRICTER CONTROL MEASURES THAN THOSE REQUIRED BY THIS CONVENTION
A Party may adopt more strict or severe measures of control than those provided by this Convention if, in its opinion, such measures are desirable or necessary for the protection of the public health and welfare.
Article 24
EXPENSES OF INTERNATIONAL ORGANS INCURRED IN ADMINISTERING THE
PROVISIONS OF THE CONVENTION
The expenses of the Commission and the Board in carrying out their respective functions under this Convention shall be borne by the United Nations in such manner as shall be decided by the General Assembly. The Parties which are not Members of the United Nations shall contribute to these expenses such amounts as the General Assembly finds equitable and assesses from time to time after consultation with the Governments of these Parties. - 13 -
Article 25
PROCEDURE FOR ADMISSION, SIGNATURE, RATIFICATION AND ACCESSION
1. Members of the United Nations, States not Members of the United Nations which are members of a specialized agency of the United Nations or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and any other State invited by the Council, may become Parties to this Convention:
a) By signing it; or
b) By ratifying it after signing it subject to ratification; or
c) By acceding to it.
2. The Convention shall be open for signature until 1 January 1972 inclusive. Thereafter it shall be open for accession.
3. Instruments of ratification or accession shall be deposited with the Secretary-General.
Article 26
ENTRY INTO FORCE
1. The Convention shall come into force on the ninetieth day after forty of the States referred to in paragraph 1 of article 25 have signed it without reservation of ratification or have deposited their instruments of ratification or accession.
2. For any other State signing without reservation of ratification, or depositing an instrument of ratification or accession after the last signature or deposit referred to in the preceding paragraph, the Convention shall enter into force on the ninetieth day following the date of its signature or deposit of its instrument of ratification or accession.
Article 27
TERRITORIAL APPLICATION
The Convention shall apply to all non-metropolitan territories for the international relations of which any Party is responsible except where the previous consent of such a territory is required by the Constitution of the Party or of the territory concerned, or required by custom. In such a case the Party shall endeavour to secure the needed consent of the territory within the shortest period possible, and when the consent is obtained the Party shall notify the Secretary-General. The Convention shall apply to the territory or territories named in such a notification from the date of its receipt by the Secretary-General. In those cases where the previous consent of the non-metropolitan territory is not required, the Party concerned shall, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which this Convention applies.
Article 28
REGIONS FOR THE PURPOSES OF THIS CONVENTION
1. Any Party may notify the Secretary-General that, for the purposes of this Convention, its territory is divided into two or more regions, or that two or more of its regions are consolidated into a single region.
2. Two or more Parties may notify the Secretary-General that, as the result of the establishment of a customs union between them, those Parties constitute a region for the purposes of this Convention.
3. Any notification under paragraph 1 or 2 shall take effect on 1 January of the year following the year in which the notification was made.
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Article 29
DENUNCIATION
1. After the expiry of two years from the date of the coming into force of this Convention any Party may, on its own behalf or on behalf of a territory for which it has international responsibility, and which has withdrawn its consent given in accordance with article 27, denounce this Convention by an instrument in writing deposited with the Secretary-General.
2. The denunciation, if received by the Secretary-General on or before the first day of July of any year, shall take effect on the first day of January of the succeeding year, and if received after the first day of July it shall take effect as if it had been received on or before the first day of July in the succeeding year.
3. The Convention shall be terminated if, as a result of denunciations made in accordance with paragraphs 1 and 2, the conditions for its coming into force as laid down in paragraph 1 of article 26 cease to exist.
Article 30
AMENDMENTS
1. Any Party may propose an amendment to this Convention. The text of any such amendment and the reasons therefor shall be communicated to the Secretary-General, who shall communicate them to the Parties and to the Council. The Council may decide either:
a) That a conference shall be called in accordance with paragraph 4 of Article 62 of the Charter of the United Nations to consider the proposed amendment; or
b) That the Parties shall be asked whether they accept the proposed amendment and also asked to submit to the Council any comments on the proposal.
2. If a proposed amendment circulated under paragraph 1 b) has not been rejected by any Party within eighteen months after it has been circulated, it shall thereupon enter into force. If however a proposed amendment is rejected by any Party, the Council may decide, in the light of comments received from Parties, whether a conference shall be called to consider such amendment.
Article 31
DISPUTES
1. If there should arise between two or more Parties a dispute relating to the interpretation or application of this Convention, the said Parties shall consult together with a view to the settlement of the dispute by negotiation, investigation, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.
2. Any such dispute which cannot be settled in the manner prescribed shall be referred, at the request of any one of the parties to the dispute, to the International Court of Justice for decision.
Article 32
RESERVATIONS
1. No reservation other than those made in accordance with paragraphs 2, 3 and 4 of the present article shall be permitted.
2. Any State may at the time of signature, ratification or accession make reservations in respect of the following provisions of the present Convention:
a) Article 19, paragraphs 1 and 2;
b) Article 27; and
c) Article 31.
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3. A State which desires to become a Party but wishes to be authorized to make reservations other than those made in accordance with paragraphs 2 and 4 may inform the Secretary-General of such intention. Unless by the end of twelve months after the date of the Secretary-General’s communication of the reservation concerned, this reservation has been objected to by one third of the States that have signed without reservation of ratification, ratified or acceded to this Convention before the end of that period, it shall be deemed to be permitted, it being understood however that States which have objected to the reservation need not assume towards the reserving State any legal obligation under this Convention which is affected by the reservation.
4. A State on whose territory there are plants growing wild which contain psychotropic substances from among those in Schedule I and which are traditionally used by certain small, clearly determined groups in magical or religious rites, may, at the time of signature, ratification or accession, make reservations concerning these plants, in respect of the provisions of article 7, except for the provisions relating to international trade.
5. A State which has made reservations may at any time by notification in writing to the Secretary-General withdraw all or part of its reservations.
Article 33
NOTIFICATIONS
The Secretary-General shall notify to all the States referred to in paragraph l of article 25:
a) Signatures, ratifications and accessions in accordance with article 25;
b) The date upon which this Convention enters into force in accordance with article 26;
c) Denunciations in accordance with article 29; and
d) Declarations and notifications under articles 27, 28, 30 and 32.
IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Convention on behalf of their respective Governments.
DONE at Vienna, this twenty-first day of February one thousand nine hundred and seventy-one, in a single copy in the Chinese, English, French, Russian and Spanish languages, each being equally authentic. The Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies thereof to all the Members of the United Nations and to the other States referred to in paragraph 1 of article 25.
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List of Substances in the Schedules
Substances in Schedule I
International non-proprietary name (INN)
Other non-proprietary or trivial name
Chemical name
BROLAMFETAMINE
DOB
(±)-4-bromo-2,5-dimethoxy-alpha-methylphenethylamine
CATHINONE
(x)-(S)-2-aminopropiophenone
Not available
DET
3-[2-(diethylamino)ethyl]indole
Not available
DMA
(±)-2,5-dimethoxy-alpha-methylphenethylamine
Not available
DMHP
3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H- dibenzo[b,d]pyran-1-olo
Not available
DMT
3-[2-(dimethylamino)ethyl]indole
Not available
DOET
(±)-4-ethyl-2,5-dimethoxy-alpha-phenethylamine
ETICYCLIDINE
PCE
N-ethyl-1-phenylcyclohexylamine
ETRYPTAMINE
3-(2-aminobutyl)indole
(+)-LYSERGIDE
LSD, LSD-25
9,10-didehydro-N,N-diethyl-6-methylergoline-8beta-carboxamide
Not available
MDMA
(±)-N,alpha-dimethyl-3,4-(methylene-dioxy)phenethylamine
Not available
mescaline
3,4,5-trimethoxyphenethylamine
methcathinone
2-(methylamino)-1-phenylpropan-1-one
Not available
4-methylaminorex
(±)-cis-2-amino-4-methyl-5-phenyl-2-oxazoline
Not available
MMDA
2-methoxy-alpha-methyl-4,5-(methylenedioxy)phenethylamine
Not available
N-ethyl MDA
(±)-N-ethyl-alpha-methyl-3,4-(methylenedioxy)phenethylamine
Not available
N-hydroxy MDA
(±)-N-[alpha-methyl-3,4-(methylenedioxy)phenethyl]hydroxylamine
Not available
parahexyl
3-hexyl-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol
Not available
PMA
p-methoxy-alpha-methylphenethylamine
Not available
psilocine, psilotsin
3-[2-(dimethylamino)ethyl] indol-4-ol
PSILOCYBINE
3-[2-(dimethylamino)ethyl]indol-4-yl dihydrogen phosphate
ROLICYCLIDINE
PHP, PCPY
1-(1-phenylcyclohexyl)pyrrolidine
Not available
STP, DOM
2,5-dimethoxy-alpha,4-dimethylphenethylamine
TENAMFETAMINE
MDA
alpha-methyl-3,4-(methylenedioxy)phenethylamine
TENOCYCLIDINE
TCP
1-[1-(2-thienyl)cyclohexyl]piperidine
Not available
tetrahydrocannabinol, the following isomers and their sterochemical variants: 7,8,9,10-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d] pyran-1-ol (9R,10aR)-8,9,10,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol (6aR,9R,10aR)-6a,9,10,10a-tetrahydro-6,6,9-trimethyl-3-pentyl- 6H-dibenzo[b,d]pyran-1-ol (6aR,10aR)-6a,7,10,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H- dibenzo[b,d]pyran -1- ol 6a,7,8,9-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d] pyran-1-ol (6aR,10aR)-6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-9-methylene- 3-pentyl-6H- dibenzo[b,d]pyran-1-ol
Not available
TMA
(±)-3,4,5-trimethoxy-alpha-methylphenethylamine
The salts of the substances listed in this Schedule whenever the existence of such salts is possible.
Substances in Schedule II
International non-proprietary name (INN)
Other non-proprietary or trivial name
Chemical name
AMFETAMINE
amphetamine
(±)-alpha-methylphenethylamine
DEXAMFETAMINE
dexamphetamine
(+)-alpha-methylphenethylamine
FENETYLLINE
7-[2-[(alpha-methylphenethyl)amino] ethyl]theophylline
LEVAMFETAMINE
levamphetamine
(x)-(R)-alpha-methylphenethylamine
Not available
levomethampheta-mine
(x)-N,alpha-dimethylphenethylamine
MECLOQUALONE
3-(o-chlorophenyl)-2-methyl-4(3H)- quinazolinone
METAMFETAMINE
methamphetamine
(+)-(S)-N,alpha-dimethylphenethylamine
METAMFETAMINE RACEMATE
methamphetamineracemate
(±)-N,alpha-dimethylphenethylamine
METHAQUALONE
2-methyl-3-o-tolyl-4(3H)-quinazolinone
METHYLPHENIDATE
Methyl alpha-phenyl-2-piperidineacetate
PHENCYCLIDINE
PCP
1-(1-phenylcyclohexyl)piperidine
PHENMETRAZINE
3-methyl-2-phenylmorpholine
SECOBARBITAL
5-allyl-5-(1-methylbutyl)barbituric acid
DRONABINOL *
delta-9-tetrahydro-cannabinol and itsstereochemical variants
(6aR,10aR)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H- dibenzo[b,d]pyran-1-ol
ZIPEPROL
alpha-(alpha-methoxybenzyl)-4-(beta-methoxyphenethyl)-1-piperazineethanol
The salts of the substances listed in this Schedule whenever the existence of such salts is possible.
* This INN refers to only one of the stereochemical variants of delta-9-tetrahydrocannabinol, namely (-)- trans-delta-9-tetrahydrocannabinol.
Substances in Schedule III
International non-proprietary name (INN)
Other non-proprietary or trivial name
Chemical name
AMOBARBITAL
5-ethyl-5-isopentylbarbituric acid
BUPRENORPHINE
2l-cyclopropyl-7-alpha-[(S)-1-hydroxy-1,2,2-trimethylpropyl]-6,14- endo-ethano-6,7,8,14-tetrahydrooripavine
BUTALBITAL
5-allyl-5-isobutylbarbituric acid
CATHINE
(+)-norpseudo-ephedrine
(+)-(R)-alpha-[(R)-1-aminoethyl]benzyl alcohol
CYCLOBARBITAL
5-(1-cyclohexen-1-yl)-5-ethylbarbituric acid
FLUNITRAZEPAM
5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one
GLUTETHIMIDE
2-ethyl-2-phenylglutarimide
PENTAZOCINE
(2R*,6R*,11R*)-1,2,3,4,5,6-hexahydro-6,11-dimethyl-3-(3-methyl-2-butenyl)-2,6-methano-3-benzazocin-8-ol
PENTOBARBITAL
5-ethyl-5-(1-methylbutyl)barbituric acid
The salts of the substances listed in this Schedule whenever the existence of such salts is possible.
Substances in Schedule IV
International non-proprietary name (INN)
Other non-proprietary or trivial name
Chemical name
ALLOBARBITAL
5,5-diallylbarbituric acid
ALPRAZOLAM
8-chloro-1-methyl-6-phenyl-4H-s-triazolo[4,3-a][1,4]benzodiazepine
AMFEPRAMONE
diethylpropion
2-(diethylamino)propiophenone
AMINOREX
2-amino-5-phenyl-2-oxazoline
BARBITAL
5,5-diethylbarbituric acid
BENZFETAMINE
benzphetamine
N-benzyl-N,alpha-dimethylphenethylamine
BROMAZEPAM
7-bromo-1,3-dihydro-5-(2-pyridyl)-2H-1,4-benzodiazepin-2-one
Not available
butobarbital
5-butyl-5-ethylbarbituric acid
BROTIZOLAM
2-bromo-4-(o-chlorophenyl)-9-methyl-6H-thieno[3,2-f]-s-triazolo[4,3-a][1,4]diazepine
CAMAZEPAM
7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4 benzodiazepin-2-one dimethylcarbamate (ester)
CHLORDIAZEPOXIDE
7-chloro-2-(methylamino)-5-phenyl-3H-1,4-benzodiazepine-4-oxide
CLOBAZAM
7-chloro-1-methyl-5-phenyl-1H-1,5-benzodiazepine-2,4(3H,5H)-dione
CLONAZEPAM
5-(o-chlorophenyl)-1,3-dihydro-7-nitro-2H-1,4-benzodiazepin-2-one
CLORAZEPATE
7-chloro-2,3-dihydro-2-oxo-5-phenyl-1H-1,4-benzodiazepine-3-carboxylic acid
CLOTIAZEPAM
5-(o-chlorophenyl)-7-ethyl-1,3-dihydro-1-methyl-2H-thieno [2,3-e] -1,4-diazepin-2-one
CLOXAZOLAM
10-chloro-11b-(o-chlorophenyl)-2,3,7,11b-tetrahydro-oxazolo- [3,2-d][1,4]benzodiazepin-6(5H)-one
DELORAZEPAM
7-chloro-5-(o-chlorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one
DIAZEPAM
7-chloro-1,3-dihydro-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one
ESTAZOLAM
8-chloro-6-phenyl-4H-s-triazolo[4,3-a][1,4]benzodiazepine
ETHCHLORVYNOL
1-chloro-3-ethyl-1-penten-4-yn-3-ol
ETHINAMATE
1-ethynylcyclohexanolcarbamate
ETHYL LOFLAZEPATE
ethyl 7-chloro-5-(o-fluorophenyl)-2,3-dihydro-2-oxo-1H-1,4-benzodiazepine-3-carboxylate
ETIL AMFETAMINE
N-ethylampetamine
N-ethyl-alpha-methylphenethylamine
FENCAMFAMIN
N-ethyl-3-phenyl-2-norborananamine
FENPROPOREX
(±)-3-[(alpha-methylphenylethyl)amino]propionitrile
FLUDIAZEPAM
7-chloro-5-(o-fluorophenyl)-1,3-dihydro-1-methyl-2H-1,4-benzodiazepin-2-one
FLURAZEPAM
7-chloro-1-[2-(diethylamino)ethyl]-5-(o-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one
HALAZEPAM
7-chloro-1,3-dihydro-5-phenyl-1-(2,2,2-trifluoroethyl)-2H-1,4-benzodiazepin-2-one
HALOXAZOLAM
10-bromo-11b-(o-fluorophenyl)-2,3,7,11b-tetrahydrooxazolo [3,2-d][1,4]benzodiazepin-6(5H)-one
KETAZOLAM
11-chloro-8,12b-dihydro-2,8-dimethyl-12b-phenyl-4H-[1,3]oxazino[3,2-d][1,4]benzodiazepine-4,7(6H)-dione
LEFETAMINE
SPA
(x)-N,N-dimethyl-1,2-diphenylethylamine
LOPRAZOLAM
6-(o-chlorophenyl)-2,4-dihydro-2-[(4-methyl-1-piperazinyl) methylene]-8-nitro-1H-imidazo[1,2-a][1,4]benzodiazepin-1-one
LORAZEPAM
7-chloro-5-(o-chlorophenyl)-1,3-dihydro-3-hydroxy-2H-1,4-benzodiazepin-2-one
LORMETAZEPAM
7-chloro-5-(o-chlorophenyl)-1,3-dihydro-3-hydroxy-1-methyl-2H-1,4-benzodiazepin-2-one
MAZINDOL
5-(p-chlorophenyl)-2,5-dihydro-3H-imidazo[2,1-a]isoindol-5-ol
MEDAZEPAM
7-chloro-2,3-dihydro-1-methyl-5-phenyl-1H-1,4-benzodiazepine
MEFENOREX
N-(3-chloropropyl)-alpha-methylphenethylamine
MEPROBAMATE
2-methyl-2-propyl-1,3-propanedioldicarbamate
MESOCARB
3-(alpha-methylphenethyl)-N-(phenylcarbamoyl)sydnone imine
METHYLPHENOBARBITAL
5-ethyl-1-methyl-5-phenylbarbituric acid
METHYPRYLON
3,3-diethyl-5-methyl-2,4-piperidine-dione
MIDAZOLAM
8-chloro-6-(o-fluorophenyl)-1-methyl-4H-imidazo[1,5-a][1,4]benzodiazepine
NIMETAZEPAM
1,3-dihydro-1-methyl-7-nitro-5-phenyl-2H-1,4-benzodiazepin-2-one
NITRAZEPAM
1,3-dihydro-7-nitro-5-phenyl-2H-1,4-benzodiazepin-2-one
NORDAZEPAM
7-chloro-1,3-dihdyro-5-phenyl-2H-1,4-benzodiazepin-2-one
OXAZEPAM
7-chloro-1,3-dihydro-3-hydroxy-5-phenyl-2H-1,4-benzodiazepin-2-one
OXAZOLAM
10-chloro-2,3,7,11b-tetrahydro-2-methyl-11b-phenyloxazolo [3,2-d][1,4]benzodiazepin-6(5H)-one
PEMOLINE
2-amino-5-phenyl-2-oxazolin-4-one (=2-imino-5-phenyl-4-oxazolidinone)
PHENDIMETRAZINE
(+)-(2S,3S)-3,4-dimethyl-2-phenylmorpholine
PHENOBARBITAL
5-ethyl-5-phenylbarbituric acid
PHENTERMINE
alpha,alpha-dimethylphenethylamine
PINAZEPAM
7-chloro-1,3-dihydro-5-phenyl-1-(2-propynyl)-2H-1,4-benzodiazepin-2-one
PIPRADROL
1,1-diphenyl-1-(2-piperidyl)-methanol
PRAZEPAM
7-chloro-1-(cyclopropylmethyl)-1,3-dihydro-5-phenyl-2H-1,4-benzodiazepin-2-one
PYROVALERONE
4'-methyl-2-(1,-pyrrolidinyl)valerophenone
SECBUTABARBITAL
5-sec-butyl-5-ethylbarbituric acid
TEMAZEPAM
7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one
TETRAZEPAM
7-chloro-5-(1-cyclohexen-1-yl)-1,3-dihydro-1-methyl-2H-1,4-benzodiazepin-2-one
TRIAZOLAM
8-chloro-6-(o-chlorophenyl)-1-methyl-4H-s-triazolo[4,3-a][1,4]benzodiazepine
VINYLBITAL
5-(1-methylbutyl)-5-vinylbarbituric acid
The salts of the substances listed in this Schedule whenever the existence of such salts is possible.

Visa Application Form



GOVERNMENT OF PAKISTAN 
VISA APPLICATION FORM 
<><><> 

(Please read these instructions carefully before filling in the application form)
1. No column should be left blank. Incomplete forms with vague entries shall not be
accepted. Where applicable copies of supportive documents should be submitted
along with the application form.
2. Applicants may use extra sheets, in case of insufficient space in the columns of the
visa form.
3. Two (02) passport size photographs should be attached with the visa form.
4. Normal processing time for visa is 4-6 weeks.
5. Applicants could be asked to appear for interview if required.
6. On arrival, immigration formalities are mandatory. (Police registration is applicable in
certain cases).
7. Attach blank statement for business visit.
8. Applicant’s family” includes spouse, son, daughter, father, mother,.

PART - I
1. Type of visa applied for:
Diplomatic Official Military Business Tourist
Family Transit Journalist Others (Specify______________

2. Purpose of Visit:

3. Duration of Stay: ______________________________________________

4. Visa required for: Less than 01 Month 06 Months 01 Year 02 Years 05 Years

5. Type of Visa: Single Entry Double Entry Multiple Entry

 i. Port of Entry _____________ ii. Port of Departure___________________

 iii. Places to be visited in Pakistan:

 a._________________ b.______________. C________________d. _____________

__________________________________

6. SECTION I (APPLICANT’S DETAILS)
i. Name as in Passport: ________________ ________________ _______________
 First Middle Last
ii. Date of Birth:

dd/mm/yy
iii. Place of Birth: City: ________________ Country: _____________________
iv. Sex: Male Female V. Blood Group: ______________



Your photograph must
be:
 Passport Size (45mm
high x 35mm wide)
 A recent and true
likeness, showing full
face, with no hat, helmet
or sunglasses, although
you can wear everyday
glasses.

 / /

vi. Marital Status: Single Married
viii. Identification Mark:______________________ viii. Native Language:______________
ix. Nationality : (a) Present ____________ (b) Previous ______________ (c) Dual_________
x. Religion: ____________________
xi. PASSPORT DETAILS:
 Type of passport:: Diplomatic Official / Service Ordinary
 UN Travel Documents
 Passport Number: ______________ Place of Issue: _______________
 Date of Issue: _________________ Date of Expiry: _______________
 Issuing Authority: _____________________________________________

xii. ADDRESS & EMAIL:
a. Abroad / Country of Origin. __________________________________________________
________________________________________________________________________
 Telephone: (i) Home :_____________(ii) Work: __________ (III) Cell ____________
b. In Pakistan. ______________________________________________________________
________________________________________________________________________
Telephone: (i) Home :_____________(ii) Work: __________ (III) Cell ____________
Email: ___________________________________________________________________

xiii. Is your visit sponsored? Yes No
 If yes, give details.

xiv. DETAILS OF PROFESSION
a. Profession (Please specify Rank / Service, in case of Armed Forces / Uniform Personnel):


Note: In case of military services, Please fill in the attached Performa.
b. Employer’s / Sponsor’s details ( in Pakistan / Abroad (if Applicable)
 Telephone No.

 Name

Address
Home Office Cellular
 Email
 Address



Name of Sponsor Address Contect number
[[
__________________ _________________ Home: ________________

__________________ _________________ Work: _______________

Cell: _______________
xv. DETAILS OF JOBS HELD IN THE PAST:

a. Designation: ____________________ b. Department: _______________________
c. Duration (from – to) ______________ d. Duties: ___________________________
e. Address & Phone No. ____________________________________________________
f: Name, address and contract numbers of immediate boss/head and any other colleague:
 (use extra sheet if required)
_______________________________________________________________________
___________________________________________________________________
xvi. Are you applying visa from a third country? Yes No
 If yes, please provide copy of residence / work permit of that country.

7. SECTION II ( FAMILY DETAILS)
i. Name of Mother _____________________ ii. Nationality of Mother _________________
iii. Name of Father. _____________________ iv. Nationality of Father_________________
v. Spouse details:
 Name_______________________________ Nationality _______________________________
 Date and place of birth __________________________________________________________
 Profession_______________________________________
 Name, Address and contact number of employer of spouse (if any) _______________________
vi. Do you have any children? Yes No
 If yes, please provide details for each of your child.





vii. Please list any of accompanying person / family member (including children) traveling with you to
Pakistan.





vii. Do you have any bank account in Pakistan? Yes No




Name Date of Birth



Full Name, Date of Birth, Passport Number (if any) Address



Bank Name Branch A/C Number Address Verifier details




8. TRAVEL HISTORY:
i. Have you ever visited Pakistan during last five years? Yes No if yes, please
 Provide details.





ii. Details of other countries visited, during last two years.






iii. Have you ever been refused a visa for any country, including Pakistan? Yes No
iv Have you ever been refused entry on arrival to Pakistan? Yes No
 If yes, please provide details of refusal.




v. Have you ever been deported, removed or otherwise required to leave any country, including Pakistan?
 Yes No If yes, please provide details.




vi. Do you have any criminal convictions or charged in any country? Yes No




DECLARATION: I declare that the information given in this form is correct to the best of my knowledge
and belief and if any of the particulars furnished above are found to be incorrect or
withheld the visa is liable to be rejected / cancelled at any time

Dated: _______________________ ___________________________
(Signature of Applicant)
Date Destination / Address Purpose Duration
1.
2.
3.
4.
5.
Date Destination / Address Purpose Duration
1.
2.
3.
4.
5.


Date Country Reason Reference Number (for Pakistan)


Date Country Offence Sentence



 PART – II
PROCESSING CERTIFICATION
(FOR OFFICIAL USE – NOT TO BE FILLED BY APPLICANT)
1. Date of receipt of Visa Application: __________________________________
2. Registration Number: __________________________________
3. Visa fee received: __________________________________
4. Additional Documents received:
 a. __________________________ b. _____________________________

 c. __________________________ d. _____________________________
5. Particulars of official who checked the visa form for its correctness and supporting documents.
 a. Name_____________________ b. Designation_____________________

 b. Date______________________ c. Signature_______________________
6. Details of clearance received from Ministry of Interior.
 No.______________________________ Dated__________________________
7. Decision by officer in-charge.
a. Accepted b. Regretted
c. Type of Visa issued.______________________________________________
d. Duration________________________________________________________
e. Single Entry f. Multiple Entry


Dated: ___________________ __________________________________
 (Signature of Visa Issuing Authority)

Constitution Act of 1919, Finland

    { Adopted on: 17 July 1919 }
    { ICL Document Status: 22 Dec 1995 - repealed! }

    Editor's Note
    This version of the constitution is no longer in force!  It has been repealed by Section 131 of the 1999 Constitution.  We only keep the old document for comparison with the new old.  The raw text is a translation by Martin Scheinin provided to ICL in 1996.  The ICL edition features additional article titles for better overview in the table of contents. }


Part I  General Provisions


Section 1  [State Principles]

(1) Finland is a sovereign Republic, the constitution of which shall guarantee the inviolability of human dignity and the freedom and rights of the individual as well as promoting justice in society.
(2) The democratic constitution of Finland is confirmed in this Constitution Act and in other Constitutional Acts of Parliament.

Section 2  [Sovereignty]

(1) Sovereign power in Finland shall belong to the people, represented by Parliament convened in session.
(2) Legislative power shall be exercised by Parliament in conjunction with the President of the Republic.
(3) Supreme executive power shall be vested in the President of the Republic. In addition, for the general government of the State there shall be a Council of State comprising the Prime Minister and the requisite number of Ministers.
(4) Judicial power shall be exercised by independent courts of law, at the highest instance the Supreme Court and the Supreme Administrative Court.

Section 3  [Territory]

The territory of the State of Finland shall be indivisible. Its boundaries may not be altered except by Parliamentary consent.

Section 4  [Citizenship]

(1) Everyone born of Finnish parents shall have the right of Finnish nationality.
(2) A citizen of a foreign State may be granted Finnish nationality under the conditions and in the manner prescribed separately by Act of Parliament.

Part II  Fundamental Rights


Section 5  [Equality]

(1) All persons shall be equal before the law.
(2) No one shall, without acceptable grounds, be afforded a different status on account of sex, age, origin, language, religion, conviction, opinion, state of health, disability or any other reason related to the person.
(3) Children shall be treated equally as individuals and shall be permitted to influence matters affecting them according to their degree of maturity.
(4) Equality of the sexes shall be promoted in social activities and in working life, particularly in the determination of remuneration and other terms of service, in a manner more precisely specified by Act of Parliament.

Section 6  [Life, Personal Liberty, Integrity, Security]

(1) Everyone shall have the right to life and personal liberty, physical integrity, and security of person.
(2) No one shall be sentenced to death, tortured or otherwise treated in a degrading manner.
(3) There shall be no interference in personal integrity, nor shall anyone be deprived of his liberty in an arbitrary manner and without grounds prescribed by Act of Parliament. All penalties entailing deprivation of liberty shall be imposed by a court of law. The lawfulness of other forms of deprivation of liberty may be submitted to judicial review. The rights of persons who have been deprived their liberty shall be secured by Act of Parliament.

Section 6a  [Nulla Poena Sine Lege]

No one may be found guilty of a criminal offence or sentenced to a penalty on account of some act for which no penalty had been prescribed by Act of Parliament at the time of its commission. No greater penalty shall be imposed for a crime than that which was prescribed by Act of Parliament at the time of its commission.

Section 7  [Move]

(1) Finnish citizens and aliens lawfully resident in Finland shall have the right to move freely within the country and to choose their place of residence.
(2) Everyone shall have the right to leave the country. Necessary restrictions on this right may be prescribed by Act of Parliament in order to ensure legal proceedings or the enforcement of a penalty or to secure performance of the obligation to defend the country.
(3) Finnish citizens shall not be prevented from returning to the country, nor shall they be expelled from the country or extradited or transported to another country against their will.
(4) Provisions on the right of aliens to enter Finland and to reside in the country shall be prescribed by Act of Parliament. No alien may be expelled, extradited or returned if, on account of this, he risks the death penalty, torture or other degrading treatment.

Section 8  [Privacy, Honor, Home, Personal Data, Correspondence]

(1) The private life, honour and home of every person shall be secured. More detailed provisions on the protection of personal data shall be prescribed by Act of Parliament.
(2) The secrecy of correspondence and of telephone and other confidential communications shall be inviolable.
(3) Measures impinging on the sphere of the home which are necessary for the protection of fundamental rights or the detection of crime may be prescribed by Act of Parliament. Necessary restrictions on the secrecy of communications may also be provided by Act of Parliament in the investigation of offences which endanger the security of society or of the individual or which disturb domestic peace, in legal proceedings and security checks as well as during deprivation of liberty.

Section 9  [Religion]

(1) Everyone shall have the right to freedom of religion and conscience.
(2) The right to freedom of religion and conscience shall include the right to profess and practice a religion, the right to express a conviction and the right to belong or not to belong to a religious community. No one shall be required to participate in religious practices to which they are conscientiously opposed.

Section 10  [Expression]

(1) Everyone shall have the right to freedom of expression. The right to freedom of expression shall include the right to impart,publish and receive information, opinions and other communications without prior hindrance from anyone. More precise provisions on the exercise of the right to freedom of expression shall be prescribed by Act of Parliament. Restrictions on pictorial programmes necessary for the protection of  children may be prescribed by Act of Parliament.
(2) The documents and other records in the possession of public authorities shall be public unless their publicity has been separately restricted by Act of Parliament for compelling reasons. Everyone shall have the right to obtain information from public documents and records.

Section 10a  [Assembly, Association]

(1) Everyone shall have the right, without obtaining permission, to arrange meetings and demonstrations and to participate therein.
(2) Everyone shall have the right to freedom of association with others. The right to freedom of association shall include the right to found an association, to belong or not to belong to an association and to participate in the activities of an association. The right to form, join and participate in the activities of trade unions and the right to organise for the protection of other interests shall likewise be guaranteed.
(3) More detailed provisions on the exercise of the right to freedom of assembly and the right to freedom of association shall be prescribed by Act of Parliament.

Section 11  [Electoral Rights]

(1) Every Finnish citizen who has reached the age of eighteen years shall have the right to vote in national elections and referenda. Separate constitutional provisions shall govern eligibility in national elections.
(2) Provided that he has reached the age of eighteen years, every Finnish citizen and every alien residing permanently in Finland shall have the right to vote in local elections and in local referenda in the manner prescribed by Act of Parliament. Provisions on the right to participate in local government in other ways shall be prescribed by Act of Parliament.
(3) It shall be the task of public authorities to promote the opportunities of the individual to participate in the activities of society and to influence decision-making affecting him.

Section 12  [Property]

(1) The property of every person shall be protected.
(2) Provisions governing the expropriation of property for public purposes and for full compensation shall be prescribed by Act of Parliament.

Section 13  [Education]

(1) Everyone shall have to right to primary education free of charge. Provisions on compulsory education shall be prescribed by Act of Parliament.
(2) In a manner more precisely prescribed by Act of  Parliament, public authorities shall secure for everyone an equal opportunity to obtain education other than primary education which accords with their abilities and special needs and to develop themselves without hindrance due to lack of means.
(3) The freedom of science, the arts and higher education shall be guaranteed.

Section 14  [Languages]

(1) The national languages of Finland shall be Finnish and Swedish.
(2) The right of everyone to use his own language, whether Finnish or Swedish, as a party in proceedings before a court of law or other authority, and to obtain documents from them inthat language, shall be guaranteed by Act of Parliament. Public authorities shall take care to provide for the educational, cultural and social needs of the Finnish-speaking and the Swedish-speaking populations of the country according to similar principles.
(3) The Sami as an indigenous people as well as the Romanies and other groups shall have the right to maintain and develop their own languages and cultures. Provisions governing the right of the Sami to use the Sami language before the public authorities shall be prescribed by Act of Parliament. The rights of those who use sign language and of those who require interpretation or translation because of a disability shall be guaranteed by Act of Parliament.

Section 14a  [Environment, Cultural Heritage]

(1) Everyone shall be responsible for the natural world and for its diversity, for the environment and for the cultural heritage.
(2) Public authorities shall strive to ensure for everyone the right to a healthy environment as well as the opportunity to influence decision-making concerning his living environment.

Section 15  [Work]

(1) Everyone shall have the lawful right to procure a living through the work, occupation or trade of his choice. Public authorities shall ensure the protection of labour.
(2) Public authorities shall promote employment and shall strive to secure the right to work for everyone. Provisions on the right to vocational training shall be prescribed by Act of Parliament.
(3) No one shall be dismissed from work without grounds prescribed by Act of Parliament.

Section 15a  [Welfare]

(1) Everyone who is unable to procure the security required for a dignified life shall have the right to necessary subsistence and care.
(2) The right to security of basic livelihood at times of  unemployment, illness, inability to work and old age as well as on account of childbirth and loss of provider shall be guaranteed to everyone by Act of Parliament.
(3) Public authorities shall, in the manner stipulated in greater detail by Act of Parliament, secure for everyone adequate social welfare and health services and shall promote the health of the population. Public authorities shall also support the abilities of families and others charged with the care of children to provide for their welfare and individual growth.
(4) It shall be the task of public authorities to promote the right of everyone to a dwelling and to support the efforts of persons to provide their own housing.

Section 16  [Access to Courts]

(1) Everyone shall have the right to have his affairs considered appropriately and without undue delay by a lawfully competent court of justice or other public authority as well as the right to have a decision concerning his rights and obligations reviewed by a court of justice or other independent judicial organ.
(2) The publicity of proceedings and the right to be heard, to receive a decision with stated grounds and to appeal against the decision as well as other guarantees of a fair trial and of good public administration shall be secured by Act of Parliament.

Section 16a  [Fundamental Rights, International Human Rights]

(1) Public authorities shall secure the implementation of fundamental rights and of international human rights.
(2) Temporary exceptions to fundamental rights which are consistent with Finland's international human rights obligations and of a character necessary during an armed attack on Finlandas well as under exceptional circumstances threatening the life of the nation and lawfully comparable in gravity to an armed attack may be prescribed by Act of Parliament.

Part III  Legislation


Section 17  [Parliament Act]

The organisation of Parliament and its duties shall be prescribed in the Parliament Act.

Section 18  [Initiative]

(1) Both the President and Parliament shall have the right to propose a new Act of Parliament or that an existing Act be amended, expounded or repealed.
(2) The President shall exercise his right of initiative by submitting bills to Parliament with accompanying legislative proposals. The draft bills shall be prepared by the Council of State. A statement concerning any such draft bill may be obtained, depending on the nature of the matter, either from the Supreme Court or from the Supreme Administrative Court or from both.
(3) The exercise by Parliament of its right of initiative shall be prescribed in the Parliament Act.

Section 19  [Ratification]

(1) When an Act has been approved by Parliament, it shall be submitted for ratification to the President, who may request a statement concerning the Act either from the Supreme Court or from the Supreme Administrative Court or from both, depending on the nature of the matter.
(2) An Act shall be ratified in the form in which Parliament approved it within three months of the date when it was submitted to the President for ratification. If the President fails to ratify an Act, it shall be returned to Parliament. An Act which has not been ratified shall nevertheless enter into force if Parliament, in the first regular session following that during which the Act was submitted for ratification, re-approves the  Act in an unamended form in the sense prescribed in the Parliament Act. A returned Act which is not re-approved shall be deemed to have lapsed.
(3) {repealed on 26 June 1987}

Section 20  [Countersignature]

(1) It shall be stated in the preamble to each Act of Parliament that the Act has been enacted according to a decision of Parliament and, when an Act has been enacted pursuant to the procedure in force for the enactment of Constitutional Acts, it shall also be stated that this procedure has been complied with.
(2) An Act that has been ratified or that shall enter into force unratified shall be signed by the President and countersigned by the competent Minister. Thereafter, the Council of State shall publish the Act in The Statutes of Finland.
(3) An Act shall make clear the date of its entry into force. If the Act has not been published by the date of entry into force given in the Act, it shall enter into force on the day when it is published.

Section 21  [Presidential Decrees]

The right of the President to issue Decrees is prescribed in Section 28.

Section 22  [Legislative Languages]

All Acts and Decrees, as well as all Government bills to Parliament and the replies, proposals and other communications of Parliament to the Government shall be issued in the Finnish and Swedish languages.

Part IIIa  Public Referendum


Section 22a  [Referendum]

(1) Provisions for the holding of a consultative referendum shall be determined by Act of Parliament. The Act shall contain provisions on the date of the referendum and on the alternatives to be presented to the voters. The State shall inform the voters of the alternatives and support the dissemination of information about them as prescribed in the aforesaid Act.
(2) {repealed on 17 July 1995}
(3) Provisions on the procedure to be applied in a consultative referendum shall be prescribed by Act of Parliament.

Part IV  Government and Administration


Section 23  [Presidential Election]

(1) The President of the Republic shall be elected directly by the people of Finland from among Finnish citizens by birth for a term of six years.
(2) The same person may be elected President for no more than two consecutive terms.

Section 23a  [Presidential Candidate]

The right to nominate a presidential candidate shall be possessed by any registered party from whose lists at least one representative has been elected in the preceding parliamentary election or by any group of twenty thousand people entitled to vote in the presidential elections who have agreed to nominate a common candidate.

Section 23b  [Nomination Without Election]

(1) If only one candidate has been nominated, he shall become President of the Republic without an election.
(2) If more than one candidate has been nominated, the presidential election shall be held on the third Sunday in January. If one of the candidates receives more than half of the votes cast in the election, he shall be elected President of the Republic.
(3) If no one receives the majority prescribed in Paragraph (2), a new election shall be held on the third Sunday after the first election. In this election, the candidates shall be the two persons who received the greatest number of votes in the first election. The candidate receiving the majority of votes in this second election shall be elected President of the Republic. If the votes are divided equally the election shall be decided by the drawing of lots.

Section 23c  [New Election]

If a duly nominated candidate dies or suffers permanent impediment before the end of the first election, arrangements for new elections shall be made as soon as possible. The same procedure shall be followed if a candidate in the second election dies or suffers permanent impediment before the end of the election or if the President-elect dies or suffers permanent impediment before taking office.

Section 23d  [Nomination of Candidates]

(1) {repealed on 17 July 1995}
(2) Provisions regarding advance participation in presidential elections shall be prescribed by Act of Parliament. More detailed provisions on the nomination of candidates and the procedure to be followed in Presidential elections shall be established by Act of Parliament.

Section 23e  [Taking Office]

(1) The President shall take office on the first day of Marchfollowing his election to office.
(2) A President elected in an election arranged due to an event referred to in Section 23c shall take office on the third day after his election as President of the Republic has been confirmed.
(3) The Presidential term of office shall end when the President elected in the following election takes office.

Section 24  [Affirmation]

(1) When the President takes office, he shall make the following solemn affirmation before Parliament:
(2) "I, ..., whom the people of Finland have chosen as President of the Republic of Finland, hereby declare that in my office as President I shall sincerely and faithfully observe and uphold the constitution and the law of the Republic, and with all my powers, shall promote the prosperity of the people of Finland."

Section 25  [Temporary Replacement]

(1) Should the President be prevented from attending to his duties, these shall be attended to by the Prime Minister or, if the latter is also prevented, by the Minister who is acting as deputy Prime Minister under the provisions of Section 39. If the President dies or if he suffers permanent impediment, a new President shall be elected as soon as possible. He shall take office on the day prescribed in Section 23e (2).
(2) If the Prime Minister or another Minister is a Member of Parliament, he may not participate in parliamentary business while he is attending to the duties of the President.

Section 26  [Salary]

The President shall receive an annual salary for performing his duties, the amount of which shall be confirmed by Act of Parliament and shall be neither increased nor decreased during his term of office.

Section 27  [Extraordinary Parliamentary Sessions]

(1) It shall be the duty of the President to convene extraordinary Parliamentary sessions, to open regular parliamentary sessions and, at the end of the regular electoral period, to declare the parliamentary business concluded for the said electoral period.
(2) On the basis of a reasoned initiative by the Prime Minister, the President may, after consulting the Speaker of Parliament and the various parliamentary factions, and at a time when Parliament is in session, dissolve Parliament by ordering that new elections be held.

Section 28  [Presidential Decrees]

(1) Unless otherwise prescribed in this Form of Government Act, or unless the said right has been vested in the Council of State, the President shall have the right to issue Decrees on matters that have previously been arranged by means of administrative regulations and also, by Decree, to issue more detailed stipulations on the implementation of Acts of Parliament, on the management of State property as well as on the organisation and operations of administrative agencies and public services. A Decree shall not contain a provision that would effect an amendment to an Act of Parliament.
(2) The issuing, publication and entry into force of a Decree shall be governed by the provisions on Acts of Parliament contained in Section 20 (2) and (3).

Section 29  [Pardon]

(1) In individual cases the President may, after obtaining a statement from the Supreme Court, annul or reduce a sentence by granting a pardon. The granting of a pardon to a member ofthe Council of State or to the Chancellor of Justice shall, however, be governed by separate provisions on this. A general amnesty shall not be granted except by a specific Act of Parliament on this matter.
(2) The President may also allow an exemption from the provisions of the law in those cases where the right to grant such dispensations has been provided by law.

Section 30  [Commander-in-Chief]

The President shall be Commander in Chief of the Armed Forces of Finland, but in time of war he may turn the command over to another person.

Section 31  [Granting Finish Nationality]

The President shall have the power to grant the right to Finnish nationality to a citizen of a foreign State and to release a Finnish citizen from Finnish nationality.

Section 32  [Supervision]

The President shall supervise State administration and, for this purpose, may demand information from the heads or governing boards of State agencies and public institutions and may also carry out inspections.

Section 33  [Foreign Relations]

(1) The relations of Finland with foreign powers shall be determined by the President. Treaties concluded with foreign States shall, however, be approved by Parliament if they contain provisions within the legislative sphere or if the consent of Parliament is otherwise required by the constitution. Decisions concerning war and peace shall be made by the President with the consent of Parliament.
(2) All communications to foreign States or to Finnish envoys  abroad shall be dispatched through the Minister in charge of Foreign Affairs.

Section 33a  [International Relations]

(1) Parliament shall participate in the national preparation of decisions to be made by international organs in the manner prescribed in the Parliament Act.
(2) Notwithstanding the provisions of Section 33, the Council of State shall determine the content of the national preparation of a decision to be made by the international organs referred to in Paragraph (1) and, insofar as such a decision requires neither the approval of Parliament nor, in virtue of its content, the issuing of a Decree, shall also decide on other associated measures to be taken by Finland.

Section 34  [Council of State]

(1) The President shall make his decisions in the Council of State on the basis of a presentation by the competent Minister.
(2) In order to enter into force, presidential decisions shall be signed by the President and countersigned by the presenting Minister. This shall not, however, apply to matters referred to in Sections 32 and 47.
(3) If a presidential decision concerns the entire Council of State, it shall be countersigned by the competent presenting official of the Council of State.
(4) The presentation of matters of military command and military appointments and the countersigning of presidential decisions on these matters shall be governed by separate provisions.
(5) Whoever has countersigned a presidential decision shall be responsible for the correctness of the document containing the said decision.

Section 35  [Control by Ministers]

If a Minister finds that a presidential decision is contrary to law, he shall notify the Council of State of his opinion, which shall then proceed as stated in Section 45. If the decision would be contrary to a Constitutional Act, the Minister shall be obliged to refuse to countersign it.

Section 36  [Confidence of Parliament]

(1) The members of the Council of State must enjoy the confidence of Parliament.
(2) After consulting the various parliamentary factions, the President shall appoint citizens of Finland known for their honesty and ability to serve as members of the Council of State. Should the composition of the Council of State undergo significant changes, the Speaker of Parliament and the various parliamentary factions shall be consulted as to the situation and Parliament shall be in session.
(3) The Minister in charge of the administration of Justice and at least one other Minister must be learned in law.

Section 36a  [Program]

The Council of State shall without delay present Parliament with a statement of its programme. The same procedure shall be followed if the composition of the Council of State undergoes significant changes.

Section 36b  [Releasing Ministers]

(1) Upon request the President shall release the Council of  State or a member thereof from service and may do so without prior request, if the Council of State or a member thereof no longer enjoys the confidence of Parliament. At the initiative of the Prime Minister the President may also release a member of the Council of State from service for other reasons.
(2) If a member of the Council of State is elected President, he shall be deemed to have resigned his membership from the day on which he takes office as President. After he has been elected President, a member of the Council of State may not, however, attend to any Ministerial duties with the exception of the duty prescribed in Section 25 (1).

Section 36c  [Incompatibility of Ministers]

During his term of office as a minister, a member of the Council of State shall neither attend to the duties of a public administrative position nor perform any other task which could hamper the performance of his ministerial duties or undermine public confidence in his activities as a member of the Council of State.

Section 37  [Chancellor of Justice]

A Chancellor of Justice, who must be eminently competent in matters of law, shall sit on the Council of State. The Chancellor of Justice shall be assisted by an Assistant Chancellor of Justice, who shall attend to his duties when necessary. The Assistant Chancellor of Justice shall have a deputy, who shall attend to the duties of the Assistant Chancellor of Justice should the latter be prevented from doing so. The deputy shall be appointed by the President of the Republic for a period not exceeding five years.

Section 38  [Ministries]

(1) The Council of State shall include the number of Ministries required for the different branches of administration. Each Ministry shall be headed by a Minister.
(2) The maximum number of Ministries and the general principles governing their establishment shall be prescribed by Act of Parliament. The scope of the authority of the Ministriesand the division of tasks between them together with the organisation of the Council of State in other respects shall be prescribed by Act of Parliament or by Decree.

Section 39  [Prime Minister as Chairman]

(1) The Prime Minister shall serve as chairman of the Council of State. If he is prevented from doing so, the chairman shall be the Minister whom the President has appointed deputy Prime Minister. If the latter Minister is also prevented from serving as chairman, the chair shall be occupied by the most senior Minister present. Whenever matters falling within the competence of the President are presented to him in the Council of State, the President shall direct the handling of these matters.
(2) While the Prime Minister or another Minister is attending to the duties of the President pursuant to Section25, that Minister shall refrain from performing his ministerial duties.

Section 40  [Implementation of Presidential Decisions]

(1) The Council of State shall attend to the implementation of the decisions of the President. The business of the Council of State shall include those matters of government and public administration which have been prescribed for decision by the Council of State or by the Ministries in this Constitution Act or in another Act of Parliament or Decree or which have not been reserved for the President or entrusted to a subordinate public authority in the said manner.
(2) Matters within the competence of the Council of State shall be considered in an ordinary session thereof or by the competent Ministry. Matters of far-reaching significance or important matters of principle as well as other matters whose significance so demands shall be decided in an ordinary session. The principles governing the organisation of authority to decide matters shall otherwise be prescribed by Act of Parliament. More precise  provisions governing the authority to decide matters shall be issued by Decree.
(3) Five members shall constitute a quorum at an ordinary session of the Council of State.

Section 41  [Exclusion of Institutions]

(1) {repealed on 10 Dec 1993}
(2) The extent to which matters concerning the administration of the judiciary, the University of Helsinki and the Armed Forces have been excluded from consideration by the Council of State shall be evident from specific provisions.

Section 42  [Power of the Council of State]

If the Council of State considers that there is doubt as to whether the Council of State has the power to make a final decision on a particular matter, the question shall be decided by the President.

Section 43  [Responsibility]

(1) The members of the Council of State shall be responsible to Parliament for their official acts.
(2) Each member of the Council of State who has participated in the consideration of a matter in the Council of State shall be responsible for the decision unless he has notified his dissenting opinion for inclusion in the minutes.

Section 44  [Preparation by Ministers]

(1) Matters for consideration in the Council of State shall have been prepared by the competent Ministry.
(2) Each Ministry shall supervise the administration under its authority and shall implement Acts of Parliament, Decrees and decisions of the Council of State.

Section 45  [Conflicts With the Law]

If it happens that a decision of the President, which the Council of State has to implement, conflicts with the law, the Council of State shall be obliged, after obtaining a statement on the matter from the Chancellor of Justice, to propose to the President that the decision be withdrawn or amended and, if the President nevertheless persists in his decision, to notify him that the decision cannot be implemented.

Section 46  [Overseeing Public Authorities]

(1) The Chancellor of Justice shall oversee that public authorities and officials in the performance of their duties as well as the employees of public corporations and other persons performing public functions comply with the law and fulfil their obligations in such a manner that no person's lawful rights are infringed. In the performance of his duties the Chancellor of Justice shall also supervise the implementation of fundamental rights and international human rights.
(2) In the Supreme Court and the Supreme Administrative Court,  the Chancellor of Justice shall represent the body of public prosecutors and shall otherwise oversee the interests of the State in addition to prosecuting charges in other courts, or having them prosecuted, when he deems this necessary. As the supreme public prosecutor, the Chancellor of Justice shall also supervise the public prosecutors, who shall be bound to comply with his orders.
(3) The Chancellor of Justice has the right to attend sessions of the Council of State and of all courts of law and government agencies, and to obtain information from the minutes and records of the Council of State, its Ministries, the courts of law and other authorities.

Section 47  [Control by Chancellor of Justice]

(1) If the Council of State or a member thereof, in an official act, proceeds in an unlawful manner, the Chancellor of Justice shall object to this and at the same time state what is unlawful about the procedure. If the objection is not heeded, the Chancellor of Justice shall have his opinion entered in the minutes of the Council of State. He shall also have the right to submit a report on the matter to the President. If the unlawful act is such that charges against the member of the Council of State may be brought on its basis in the High Court of Impeachment referred to in Section 59, and if the President orders the charges to be brought, then the Chancellor of Justice shall serve as prosecutor. If the President considers that there is no reason to bring charges, then the Chancellor of Justice may notify Parliament about the matter. If the President orders charges to be brought against the Chancellor of Justice, the charges shall be prosecuted by a person appointed by the President.
(2) Should the President, in an official act, proceed in an unlawful manner, then the Chancellor of Justice shall object to this in the manner prescribed above in Paragraph (1). If the Chancellor of Justice or the Council of State consider that the President has committed high treason or treason, then the Chancellor of Justice or the Council of State shall notify Parliament of the matter. If Parliament then decides, by a majority of three fourths of the votes cast, that charges are to be brought, then the charges shall be prosecuted by the Chancellor of Justice in the Supreme Court and the President shall refrain from exercising his functions while the matter is pending. In no other case shall charges be brought against the President for an official act.

Section 48  [Annual Report by Chancellor of Justice]

(1) Each year the Chancellor of Justice shall submit a reportboth to the President and to Parliament on the course of his official duties and his observations on how the law has been complied with.
(2) The Chancellor of Justice shall submit information and statements to the President and the Council of State upon request.

Section 49  [Ombudsman]

(1) During a regular parliamentary session a Parliamentary Ombudsman shall be elected to serve for a term of four years at a time. The person elected shall be someone distinguished for his knowledge of the law. The election shall be performed according to the procedure provided for the election of the Speaker of Parliament. The same provisions regarding election procedure and term of office shall apply to the Assistant Parliamentary Ombudsman, who shall be elected to assist the Ombudsman and, if necessary, to attend to his duties, and also to a deputy, who shall attend to the duties of the Assistant  Ombudsman when the latter is prevented from doing so. If the Ombudsman dies or resigns from office before the end of his term, Parliament may elect a new Ombudsman for the remainder of the term.
(2) Pursuant to the instructions compiled for him by Parliament, the task of the Parliamentary Ombudsman shall be to oversee that the courts of justice and other public authorities as well as public officials in the performance of their duties, the employees of public corporations and other persons performing public functions comply with the law and fulfil their obligations. In the performance of his duties the Parliamentary Ombudsman shall also supervise the implementation of fundamental rights and international human rights.
(3) The Parliamentary Ombudsman shall have the same right as the Chancellor of Justice to attend sessions of the Council of State, the courts of law and government agencies, to obtain information from the minutes and records of the Council of State and its Ministries, the courts of law and other authorities, and to prosecute charges or have charges prosecuted for any error or negligence which he finds in the activities under his supervision. If the Council of State or a member thereof, in an official act, proceeds in an unlawful manner, the Parliamentary Ombudsman is empowered to object to this, and he shall at the same time state what is unlawful about the procedure. If the objection is not heeded or if the nature of the matter so demands, the Parliamentary Ombudsman is empowered to report the matter to Parliament.
(4) Each year the Ombudsman shall submit a report to Parliament on the course of his official duties and also on the standard of judicial practice and any defects that he has noticed in legislation.
(5) If the Ombudsman, in an official act, has proceeded in an unlawful manner, Parliament may order charges to be brought against him.

Section 50  [Division Into Provinces, Districts, and Municipalities]

(1) For general administration, Finland shall continue to be divided into provinces, population register districts and municipalities.
(2) Any changes in the number of provinces shall be prescribed by Act of Parliament. Any other changes in administrative division shall be determined by the Council of State unless otherwise prescribed by Act of Parliament.
(3) In any rearrangement of the boundaries of administrative districts, care shall be taken that, where circumstances permit, the districts are monolingual, either Finnish-speaking or Swedish-speaking, or that their linguistic minorities are as small as possible.

Section 51  [Governor of Province]

(1) The administration of a province shall be headed by a governor.
(2) The administration of municipalities shall be based on self-
government of the citizens according to specific Acts of Parliament on this matter. The manner and extent of the application of self-government of the citizens to administrative districts larger than the municipalities shall likewise be prescribed by law. When determining the boundaries of such districts, the provisions of Section50 (3) shall apply.
(3) Provisions on the participation of foreigners in municipal administration shall be prescribed by law.

Section 51a  [Sami Minority]

As an indigenous people the Sami shall be guaranteed cultural autonomy in respect of their language and culture within the Sami homelands in the manner prescribed by Act of Parliament.

Section 52  [Agencies]

Specific provisions shall govern the agencies that exist or are to be established for different branches of State administration.

Part IVa  The Autonomy of Aaland


Section 52a  [Province of Aalend]

The Province of Aaland shall be autonomous in the manner separately prescribed.

Part V  Courts of Law


Section 53  [Supreme Court]

The Supreme Court shall exercise highest jurisdiction in general legal proceedings and shall, in addition, supervise the administration of justice by the judiciary and by execution authorities.

Section 54  [Composition of Supreme Court]

(1) The Supreme Court shall comprise a President and the requisite number of Supreme Court Justices.
(2) Matters of judicial administration assigned to the Supreme Court by specific provisions shall be prepared by that Ministry of the Council of State to which matters of judicial administration have been assigned. The head of this Ministry is to be present in the Supreme Court when the said matters are considered.
(3) Five members of the Supreme Court shall constitute a quorum unless a greater or lesser number of members is separately prescribed by Act of Parliament.

Section 55  [Courts of Appeal]

Provisions on general courts of appeal and of first instance shall be prescribed by Act of Parliament.

Section 56  [Supreme Administrative Court]

With certain separately prescribed exceptions, the Supreme Administrative Court shall exercise the highest appellate jurisdiction in the field of administrative law and shall oversee the exercise of judicial authority by lower officials in the sphere of administrative law.

Section 57  [Composition of the Supreme Administrative Court]

The Supreme Administrative Court shall comprise a President and the requisite number of Supreme Administrative Court Justices. The provisions of Section 54 (3) regarding the Supreme Court shall apply to a quorum in this Court.

Section 58  [Court Propositions to the President]

It shall be the task of the Supreme Court or the Supreme Administrative Court, when they consider it necessary that an Act of Parliament or a Decree be amended or expounded, to propose to the President that such legislation be initiated.

Section 59  [Immunity, Special Court]

(1) If charges for proceeding in an unlawful manner in an official act are brought against a member of the Council of State, the Supreme Court or the Supreme Administrative Court or against the Chancellor of Justice, the Assistant Chancellor of Justice, or his deputy, or against the Parliamentary Ombudsman, the Assistant Parliamentary Ombudsman or his deputy, then the matter shall be heard in a special court, the High Court of Impeachment, which shall be governed by a separate Constitutional Act of Parliament.
(2) If Parliament has decided to have charges brought against a member of the Council of State, the Chancellor of Justice, the Assistant Chancellor of Justice or his deputy, the charges shall be prosecuted by the Parliamentary Ombudsman. Charges against the Parliamentary Ombudsman, the Assistant Parliamentary Ombudsman or his deputy shall be prosecuted by a person appointed by Parliament.

Section 60  [Provisions on Special Courts]

(1) Provisions on special courts other than that referred to in Section 59 shall be prescribed by Act of Parliament.
(2) No temporary courts shall be established.

Part VI  State Finances


Section 61  [Taxation]

Provisions on state taxation shall be prescribed by an Act of Parliament containing provisions on the basis of tax liability and its extent as well as on the legal safeguards of the taxpayer.

Section 62  [Dues Imposed by Law]

Provisions on the general bases for dues payable for the official functions, services or other acts of State authorities and the general bases for their amount shall be prescribed by Act of Parliament.

Section 63  [State Control in Companies]

Provisions regulating the competence of and procedure for exercising State control in companies where the State has a controlling interest shall be prescribed by Act of Parliament. Likewise, it shall be prescribed by Act of Parliament whether parliamentary consent is necessary for the acquisition or relinquishing of control in a company.

Section 64  [State Loan]

(1) The taking of a State loan shall be based on the consent of Parliament, which shall make clear the maximum amount of new loans and of the national debt.
(2) A State surety or a State guarantee may be given on the basis of an Act or of the consent of Parliament.

Section 65  [State Agencies]

(1) State agencies and institutions may be established within the limits of the State budget after the general grounds for them have been prescribed by Act of Parliament.
(2) Provisions on the general bases for the operation and finances of State business enterprises shall be prescribed by Act of Parliament. In connection with the deliberation of the State budget, Parliament shall approve the principal service purposes and other operational aims of the enterprise.
(3) The terms and conditions of service of civil servants may be determined by public sector collective bargaining agreements as prescribed by Act of Parliament. The competent special Committee of Parliament shall approve the collective agreement on behalf of Parliament insofar as Parliamentary consent is necessary. By Act of Parliament the Committee may also be assigned the task of approving on behalf of Parliament, as grounds for a State subsidy, the terms and conditions of service upon which the amount of the subsidy by law depends.

Section 66  [Annual Budget]

(1) For each financial year Parliament shall determine the State budget, which shall be published in The Statutes of Finland.
(2) The Council of State may furnish Parliament with a long-
term plan for State finances in the form of a report or a statement.

Section 67  [Content of Budget]

(1) The State budget shall contain estimates of annual revenues and appropriations for annual expenditures as well as the proposed use of the appropriations and other reasons for the budget. If so prescribed by Act of Parliament, estimated revenues or appropriations may be included in the budget in the form of the difference between closely related revenues and expenditures.
(2) The revenue estimates included in the budget shall cover  the appropriations included therein. Any surplus or deficit in the final accounts of the State may be taken into consideration in covering appropriations in the manner prescribed by Act of Parliament.
(3) Revenue estimates and appropriations of State business enterprises shall be included in the budget only to the extent prescribed by Act of Parliament.
(4) Revenue estimates and appropriations corresponding to closely related revenues and expenses may be included in the budget for more than one financial year in the manner prescribed by Act of Parliament.

Section 68  [Budget Law]

Any decision approved by Parliament on the basis of a budget motion shall be conditionally included in the State budget. The President shall decide on the ratification of the conditional decision within two months of publication of the budget. If the President does not ratify the decision, the matter shall be returned to Parliament, which shall make the final decision on inclusion of the conditional decision in the budget.

Section 69  [Submission of Budget Law]

(1) The budget proposal and the other Government bills related thereto shall be submitted to Parliament well before the beginning of the financial year.
(2) If the publication of the budget is delayed beyond the beginning of the financial year, the budget proposal of the Government shall be complied with as an interim budget in the manner decided by Parliament.
(3) If changes in the budget are unavoidable, the Government shall submit a supplementary budget proposal to Parliament.

Section 70  [Appropriations]

(1) Appropriations shall be included in the State budget as fixed appropriations, estimated appropriations or transferable appropriations. An estimated appropriation may be exceeded and a transferable appropriation may be carried forward in the manner prescribed by Act of Parliament. Unless permitted by Act of Parliament, a fixed appropriation and a transferable appropriation may not be exceeded and a fixed appropriationmay not be transferred.
(2) Unless this has been permitted in the budget, an appropriation may not be transferred from one budget item to another. The transfer of an appropriation to another item with a closely related purpose may, however, be permitted by Act of Parliament.
(3) Authorisation may be granted in the budget to make expenditure commitments during the financial year for which the necessary appropriations will be included in the budgets for the following financial years. The authorisation shall be limited with regard to both amount and purpose.
(4) Regardless of the budget, everyone shall have the right to  receive from the State what is due to him by law.

Section 71  [State Auditors]

(1) Parliament shall oversee the finances of the State and supervise compliance with the budget. The State auditors shall be appointed for this purpose.
(2) The State auditors shall be entitled to obtain the information and documents they require from the authorities. Provisions regarding the right of the State auditors to obtain from elsewhere the information necessary for their work shall be prescribed by Act of Parliament.
(3) For the purposes of auditing State finances and compliance with the budget there shall be a State Auditing Agency.

Section 72  [Currency]

The currency of Finland shall be the markka. Provisions on the determination of the foreign exchange rate of the markka shall be prescribed by Act of Parliament.

Section 73  [Bank of Finland]

(1) The Bank of Finland shall function under the guarantee and management of Parliament and under the supervision of Governors elected by Parliament.
(2) The Bank of Finland shall be managed in a manner prescribed by Act of Parliament.
(3) Parliament shall decide on the use of the profits of the Bank of Finland for the needs of the State.

Section 74  [Mortgaging State Property]

The conveyance or mortgaging of State-owned real property may take place with Parliamentary consent or in a manner prescribed by Act of Parliament.

Part VII  The Armed Forces


Section 75  [Defence, Duty to Serve]

(1) Every Finnish citizen shall be under an obligation to participate or assist in the defence of the country in the manner prescribed by Act of Parliament.
(2) As far as possible and unless he himself otherwise desires, a conscript shall be assigned to a unit whose ranks have the same native language as the conscript, either Finnish or Swedish, there to receive instruction in that language. The language of command in the armed forces shall be the Finnish language.
(3) The right to exemption on grounds of conviction from participation in military defence shall be prescribed by Act of Parliament.
  
Section 76  [Mobilization of Armed Forces]
If the armed forces are to be mobilised, the mobilisation order shall be issued by the President in the Council of State. When such an order has been issued, the Council of State shall  take steps to meet the expenses thereby incurred and Parliament, if not in session, shall be convened.

Part VIII  Education


Section 77  [University of Helsinki]

(1) The right of self-government of the University of Helsinki shall be maintained.
(2) New provisions on the organisational basis of the University shall be prescribed by Act of Parliament, but more detailed provisions on the University shall be issued by Decree, in both cases after the University senate has provided a statement on the matter.

Section 78 {repealed on 17 July 1995}


Section 79 {repealed on 17 July 1995}


Section 80 {repealed on 17 July 1995}


Section 81 {repealed on 17 July 1995}


Section 82  [Private Schools]

(1) Provisions on the right to establish private schools and other private educational institutions and to organise teaching therein shall be prescribed by Act of Parliament.
(2) Instruction given in a home shall not be subject to official supervision.

Part IX  Religious Communities


Section 83  [Church Code for Evangelical Lutheran Church]

(1) Provisions on the organisation and administration of the Evangelical Lutheran church shall be prescribed in the Church Code.
(2) Other existing religious communities shall be governed by the provisions enacted or to be enacted on these communities.
(3) New religious communities may be established in the manner prescribed by Act of Parliament.

Part X  Public Office


Section 84  [Eligibility]

(1) Only a citizen of Finland may be appointed to the offices of Chancellor of Justice or Assistant Chancellor of Justice of the Council of State, or to the office of a judge, of Commander of the Armed Forces or to the office of a member of the board of governors of the Bank of Finland, or may be elected to the office of Parliamentary Ombudsman or Assistant Parliamentary Ombudsman.
(2) The other offices to which only a citizen of Finland may be appointed shall be governed by provisions prescribed by Act of Parliament or by other provisions or stipulations issued under the authorisation of an Act of Parliament.

Section 85  [Qualifications]

The academic qualifications required for appointment to a State office shall be confirmed by Decree, insofar as these have not been prescribed by Act of Parliament. For special reasons a dispensation from the requirements issued by Decree may be granted by the Council of State, except in the case of appointment to a judicial office.

Section 86  [Promotion]

The general grounds for promotion in State offices shall be skill, ability and proven civic merit.

Section 87  [Appointment by President]

The President shall appoint:
1) the Chancellor of Justice and the Assistant Chancellor of Justice;
2) the Archbishop and the Bishops as well as the Chancellor of the University;
3) the Presidents of the Supreme Court and the Supreme Administrative Court and, upon nomination by the Supreme Court, the Justices of the Supreme Court and the Presidents of the Courts of Appeal and, upon nomination by the Supreme Administrative Court, the Justices of that Court;
4) the Justices of the Courts of Appeal as well as the Professors of the University and the University of Technology;
5) the directors general of the central State agencies and the provincial governors, upon nomination by the Council of State, as well as the other senior civil servants of the central State agencies pursuant to specific provisions  prescribed on these appointments by Act of Parliament or by Decree;
6) the head and the presenting officials in the Office of the President of the Republic and, upon nomination by the competent authority, the presenting officials in the Council of State, the Supreme Court and the Supreme Administrative Court.
7) {repealed on 10 Dec 1993}

Section 88  [Official Appointments]

(1) {repealed on 10 July 1987, effective 1 Dec 1993}
(2) Pursuant to the provisions on these appointments, the following specific official appointments shall be made by the authorities specified:
1) judicial offices by the Supreme Court or the higher court to which the office is subordinate, and offices in the Supreme Administrative Court by that court; as well as
2) offices in administration and educational institutions by the Council of State, the Minister, the provincial administrative board or the governing board of the agency to which the office is subordinate.
(3) Other State officials shall be appointed by the Council of State unless the right of appointment has been reserved for the President or assigned to another authority.

Section 89  [Court Appointments]

(1) Appointments to the offices of Appeal Court Justice, of Law Counsellor or Judge in a District Court and of Professor in an institution of higher education shall, unless otherwise prescribed in Section 90 and after being declared open for application, be made from the three applicants nominated by the authority where the vacancy has arisen as most deserving according to established standards. The Supreme Court shall make a statement regarding nominations for the office of Appeal Court Justice and of Law Counsellor or Judge in a District Court.
(2) Provisions regarding appointments to offices other than those referred to in Paragraph (1) shall be prescribed separately by Act of Parliament or by Decree.

Section 90  [Other Appointments]

(1) Special provisions shall govern appointment procedures to public offices in institutions of higher education, the Evangelical Lutheran Church and the Greek Orthodox Church as well as to public offices in the Bank of Finland.
(2) The officers of the army and the navy shall be appointed by the President. Separate provisions shall be prescribed regarding promotion in military rank and military training.

Section 91  [Independence of Judges]

(1) All judges shall have the right not to be removed from office except on the basis of lawful trial and judgment; nor may they be transferred to another office without their consentexcept when the transfer is due to a reorganisation of the judicial system.
(2) Provisions on the obligation of a judge to retire from office on reaching a certain age or suffering loss of working capacity may be prescribed by Act of Parliament.
(3) Separate provisions on the right of other officials to remain in office and on the bases of the conditions of service of judges and other civil servants shall be otherwise prescribed by Act of Parliament.
(4) {repealed on 24 Oct 1986}

Section 92  [Rule of Law, Liability of Officers]

(1) Under threat of sanction there shall be strict compliance with the law in all official functions.
(2) If a provision in a Decree conflicts with a Constitutional Act or another Act of Parliament, a judge or other official shall not apply it.

Section 93  [Responsibility of Civil Servants]

(1) A civil servant shall be responsible for any measures which he has undertaken or which he has supported as a member of a collegiate office. A presenting official shall likewise be accountable for any decision made upon his presentation unless he has stated a dissenting opinion for inclusion in the minutes.
(2) In the manner prescribed by Act of Parliament, anyone who has suffered a loss of rights or damage due to the unlawful act or omission of an official shall have the right to demand that the official be sentenced to a punishment and ordered to compensate the damage, or the right to report the offence for the initiation of charges.
(3) Specific provisions shall govern whether and to what extent the State is responsible for damage caused by an official.

Part XI  Concluding Provisions


Section 94  [First Presidential Election]

The first presidential election shall be carried out by Parliament, and the election shall take place immediately upon the entry into force of this Constitution Act. If, in the election by secret ballot, any candidate receives more than half of the votes cast, he shall be declared elected. Otherwise another election shall be carried out immediately and, if nevertheless no candidate receives an absolute majority, a further election shall be carried out between the two candidates who received the greatest number of votes in the second election. Should the votes be divided equally, the election shall be decided by the drawing of lots.

Section 95  [Irrevocability]

(1) This Constitution Act shall be in all respects an irrevocable Constitutional Act of Parliament, and it may not be amended, expounded or repealed, nor may exceptions to it be made, except according to the prescribed procedure for Constitutional Acts in general.
(2) The Constitution of 21 August 1772 and the Deed of Association and Security of 21 February and 3 March 1789, as well as all provisions in other Acts of Parliament and Decrees which in conflict with this Constitution Act are hereby repealed.
(3) The provisions necessary for the implementation of this Constitution Act shall be enacted by Act of Parliament.

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