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IP Treaties Collection

Contracting Parties Convention on Cybercrime Belgium

Dates Signature: November 23, 2001 Ratification: August 20, 2012 Entry into force: December 1, 2012

Declarations, Reservations

Declarations made upon ratification:
1. "In accordance with Article 2 of the Convention, the Belgian Government declares that it will establish as criminal offences the conducts referred to in Article 2, in relation to "internal hacking" as provided for by Article 550bis, §2 of the Penal Code, only when those conducts are committed with intent to defraud or to cause damage.
In accordance with Article 7 of the Convention, the Belgian Government declares that it will establish as criminal offences the conducts provided for by Article 7 only when they are committed with fraudulent intent or intent to cause damage."
2. "In accordance with Article 24.7.a of the Convention, the Belgian Government declares that the authority responsible for making or receiving requests for extradition or provisional arrest, in the absence of a treaty, is:
Service Public Fédéral Justice, Service de la coopération internationale pénale, Boulevard de Waterloo 115, 1000 Bruxelles, fax : +32(0)2/210.57.98, (until the end of 2012).
In accordance with Article 27.2 of the Convention, the Belgian Government declares that the authority responsible for sending and answering requests for mutual assistance, and for the execution of such requests or their transmission to the authorities competent for their execution is:
Service Public Fédéral Justice, Service de la coopération internationale pénale, Boulevard de Waterloo 115, 1000 Bruxelles, fax : +32(0)2/210.57.98, (until the end of 2012).
In accordance with Article 35 of the Convention, the Belgian Government designates as a point of contact available on a twenty-four hour, seven-day-a-week basis, the following department:
Tel: +32-2-743-73-84, 24 hours a day, 7 days a week.
Tel: +32-2-743-74-74 (Secretariat), Monitored during work hours.
Fax: +32-2-733-56-16, Must phone prior to sending a fax.
E-mail: Permanence@fccu.be, 24 hours a day, 7 days a week, (Must phone prior to sending an e-mail)."

Reservation made upon ratification:
"In accordance with Article 22 of the Convention, the Belgian Government reserves the possibility of applying Article 22.1.c of the Convention only if the following specific condition is fulfilled: Article 36 of the Law of 27 June 1937, relating to the regulation of air navigation, considers as committed in Belgium the offences committed on board a Belgian aircraft in flight.
In accordance with Article 42 of the Convention, Belgium reserves the right to apply Article 22.1.d of the Convention to a Belgian national who is guilty of a criminal offence committed outside the territory of the Kingdom, only in cases where such an offence is considered to be a criminal offence according to Belgian law, and the offence is punished by the law of the country where it was committed, and the perpetrator is found in Belgium. Belgium reserves the right to institute proceedings, in cases where the victim of the offence is a foreigner, only upon a preliminary complaint from the victim, his or her family or an official notice from the authorities of the State where the offence was committed."

 


Act(s) Article(s) Signature Instrument Entry into Force