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IP Treaties Collection

Contracting Parties Convention on Cybercrime Argentina

Dates Accession: June 5, 2018 Entry into force: October 1, 2018

Declarations, Reservations

Reservation made upon accession and withdrawn on July 12, 2018:
"The Argentine Republic makes a partial reservation to Article 9.1.e of the Convention on Cybercrime and declares that it's not transposable to its jurisdiction because, in accordance with the legislation in force until this date, this article is only applicable when the manifest purpose of the possession in question is the distribution or commercialisation (Article 128, second paragraph, of the Criminal Code)."

Reservations made upon accession:
1. "The Argentine Republic makes a reservation to Article 6.1.b of the Convention on Cybercrime and declares that it's not transposable to its jurisdiction because it contains an anticipatory assumption of the sanction since preparatory actions are established as criminal offences, which is unknown in Argentina's legislative tradition in criminal legal matters."
2. "The Argentine Republic makes a reservation to Articles 9.1.d, 9.2.b and 9.2.c of the Convention on Cybercrime and declares that they are not transposable to its jurisdiction because they contain anticipatory assumptions inconsistent with the Criminal Code in force, in accordance with the reform introduced by Law 26.38."
3. "The Argentine Republic makes a reservation to Article 22.1.d of the Convention on Cybercrime and declares that it's not transposable to its jurisdiction because its content differs from the rules governing the definition of national criminal jurisdiction."
4. "The Argentine Republic makes a reservation to Article 29.4 of the Convention on Cybercrime and declares that it's not transposable to its jurisdiction because the requirement of dual criminality is one of the fundamental bases of the Law on International Cooperation in Criminal Matters No. 24.767 for the kind of cooperation measures provided for in the article and paragraph mentioned."

Declarations made upon accession:
1. "In accordance with the provisions of Article 24.7 of the Convention, the Government of Argentina designates as responsible authority the Directorate for International Mutual Legal Assistance of the Ministry of Foreign Affairs and Worship of the Argentine Republic."
2. "In accordance with the provisions of Article 27.2.c of the Convention, the Government of Argentina designates as responsible authority the Directorate for International Mutual Legal Assistance of the Ministry of Foreign Affairs and Worship of the Argentine Republic."