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IP Treaties Collection

Contracting Parties Convention on Cybercrime Chile

Dates Accession: April 20, 2017 Entry into force: August 1, 2017

Declarations, Reservations

Reservation made upon accession and corrected July 3, 2017:
"The Republic of Chile declares that, in accordance with Article 6, paragraph 3, of the Convention on Cybercrime, it will not apply paragraph 1 of the same Article inasmuch as it does not affect the sale, distribution or otherwise making available of the items referred to in paragraph 1 a) ii) of said Article 6."

Declarations made upon accession:
1. "The Republic of Chile declares that it will require that the offense be committed with a specified criminal intent, to punish the actions described in Articles 2 and 3 of the Convention on Cybercrime, in accordance with the provisions of Article 2 of Law No. 19.223 on computer-related offenses."
2. "The Republic of Chile declares that it will require that the offense be committed with fraudulent intent and that it causes harm to third parties, to punish the actions described in Article 7 of the Convention on Cybercrime in accordance with the provisions of Article 197 of the Criminal Code."
3. "The Republic of Chile declares that, under Article 24 "Extradition", paragraph 7, of the Convention, the authority responsible for making or receiving requests for extradition or provisional arrest is:
The Ministry of Foreign Affairs of the Republic of Chile, Teatinos 180, Santiago Chili."
4. "The Republic of Chile declares that, as regards to Article 27 “Procedures pertaining to mutual assistance requests in the absence of applicable international agreements”, paragraph 2.a, the central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution is:
The Office of Public Prosecution of Chile, International Cooperation and Extradition Unit, General Mackenna 1369, Santiago Chili."
5. "The Republic of Chile declares that, as regards to Article 35 "24/7 Network", paragraph 1, the point of contact available on a twenty-four hour, seven-day-a-week basis is:
The Office of Public Prosecution of Chile, International Cooperation and Extradition Unit, General Mackenna 1369, Santiago Chili."

Reservations made upon accession:
1. "The Republic of Chile declares that, in accordance with Article 4, paragraph 2, of the Convention on Cybercrime, it will establish as criminal offences under its domestic law, when committed intentionally, the damaging, deletion, deterioration, alteration or suppression of computer data without right, providing that this conduct results in serious harm."
2. "The Republic of Chile declares that, in accordance with Article 9, paragraph 4, of the Convention on Cybercrime, it will not apply, paragraph 2, sub-paragraphs b and c of the same article."
3. "The Republic of Chile declares that, in accordance with Article 22, paragraph 2, of the Convention on Cybercrime, it will not apply the jurisdiction rules laid down in paragraph 1.b of the same article."
4. "The Republic of Chile, in respect of Article 29, paragraph 4, of the Convention on Cybercrime, reserves the right to refuse the request for international assistance in cases where the conduct is not defined under Chilean law at the time of the request."