مجموعة معاهدات الملكية الفكرية

Declarations made upon ratification:
1. "In accordance with Article 40 of the Convention, the Federal Republic of Germany declares that it avails itself of the possibility of requiring that,
(a) according to Article 2, second sentence, the additional element of commission by infringing security measures be included as an element of the offence of data espionage, which has been established under German law in section 202a of the Criminal Code pursuant to Article 2, first sentence, and
(b) according to Article 7, second sentence, the additional element of an "intent to defraud, or similar dishonest intent" that takes the form of deception in legal transactions be included as an element of the offence of falsification of legally relevant data, which has been established under German law in section 269 of the Criminal Code pursuant to Article 7, first sentence."
2. "In accordance with Article 24, paragraph 7, sub-paragraph a, of the Convention, the Federal Republic of Germany declares that the central authority responsible for making or receiving requests for extradition or provisional arrest is the Federal Foreign Office (address: Auswärtiges Amt, Werderscher Markt 1, 10117 Berlin)."
3. "In accordance with Article 35, paragraph 1, of the Convention, the Federal Republic of Germany declares that the point of contact designated to fulfil the functions specified in this article is:
The National High Tech Crime Unit, Federal Criminal Police Office, Thaerstr. 11, D - 65193 Wiesbaden, Emails: so43auswertung@bka.bund.de (for non-emergency use only); nhtcu@bka.de (for emergency use only)"

Reservation made upon ratification:
"The Federal Republic of Germany declares that it avails itself of Article 42 of the Convention to the extent that
(a) Article 6, paragraph 1.a.i, as relates to "devices", and sub-paragraph b shall not be applied,
(b) the attempt to commit the acts specified under Article 3 shall not be established as criminal offence under national law, and
(c) requests for expedited preservation of stored data under Article 29 may be refused on the ground that dual criminality is not given, provided there is reason to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled, unless the offence in question is an offence established pursuant to Articles 2 to 11."