Собрание международных договоров в области ИС

Declarations made upon approval:
1. "In accordance with Article 21 of the Convention, France shall apply the provisions contained in Article 21 only if the prosecuted offence is punished with a deprivation of liberty superior or equal to two years of custody."
2. "In accordance with Article 27 of the Convention, France declares that, even in cases of urgency:
– requests for mutual assistance from the French judiciary authorities and directed to foreign judiciary authorities are transmitted through the Ministry of Justice (Ministère de la Justice, 13, Place Vendôme, 75042 Paris Cedex 01);
– requests for mutual assistance from foreign judiciary authorities and directed to the French judiciary authorities are transmitted through diplomatic channel (Ministère des Affaires étrangères, 37, Quai d'Orsay, 75700 Paris 07 SP)."
3. "In accordance with Article 24 of the Convention, France declares that:
– the Ministry for Foreign Affairs is the authority responsible for making or receiving requests for extradition in the absence of a treaty (Ministère des Affaires étrangères, 37, Quai d'Orsay, 75700 Paris 07 SP);
– the territorially competent State Prosecutor shall be the authority responsible for making or receiving requests for provisional arrest in the absence of a treaty."

Reservations made upon approval:
1. "In accordance with Article 9, paragraph 2.b, of the Convention, France shall apply Article 9, paragraph 1, to any pornographic material that visually depicts a person appearing to be a minor engaged in sexually explicit conduct, in so far as it is not proved that the said person was 18 years old on the day of the fixing or the registering of his or her image."
2. "In accordance with Article 22 of the Convention, France reserves itself the right not to establish jurisdiction when the offence is committed outside the territorial jurisdiction of any State. France declares also that, whenever the offence is punishable under criminal law where it has been committed, proceedings shall be instituted only upon request from the public prosecutor and must be preceded by a complaint from the victim or his/her beneficiaries or by an official complaint from the authorities of the State where the act was committed (Article 22, paragraph1.d)."