Venezuela

Upon Ratification

Reservation:
The Bolivarian Republic of Venezuela, in accordance with article 66, paragraph 3, of the United Nations Convention against Corruption, hereby makes an express reservation concerning the provisions of paragraph 2 of that article. Consequently, it does not consider itself obliged to resort to arbitration as a means of dispute settlement, nor does it recognize the compulsory jurisdiction of the International Court of Justice.”
Declaration:
The Bolivarian Republic of Venezuela also declares that:
Concerning the provisions of article 44, paragraph 11, the extradition of nationals is expressly prohibited under Venezuelan law. In that regard, Venezuela undertakes, at the request of the State party seeking extradition, to submit the case without undue delay to its competent authorities for the purpose of prosecution.

Reservation:

The Bolivarian Republic of Venezuela, in accordance with the provisions of article 16 (3) of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, formulates an express reservation with respect to the provisions of article 16 (2). Consequently, it does not consider itself bound by the referral of a dispute to arbitration as a means of settlement of disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice.

Declaration:

In accordance with article 25, paragraph 4 of the Stockholm Convention on Persistent Organic Pollutants, the Bolivarian Republic of Venezuela declares that any amendment to Annex A, B, or C shall enter into force for the Bolivarian Republic of Venezuela only after it has deposited its instrument of ratification, acceptance, approval or accession with respect thereto.

Reservation:

The Bolivarian Republic of Venezuela, in accordance with the provision of article 20 (3) of the Protocol against Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime, formulates a reservation with respect to the provision established under paragraph 2 of the said article. Consequently, it does not consider itself obligated to refer to arbitration as a means of settlement of disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice.

14 January 2005

Reservation:

Pursuant to article 35, paragraph 3, the Bolivarian Republic of Venezuela declares that it enters an express reservation concerning the provisions of paragraph 2 of this article. Consequently, it does not consider itself bound to submit to arbitration as a means of settling disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice.

Declaration:

[The minimum age for conscription and voluntary enlistment into the national armed forces of the Bolivarian Republic of Venezuela is between 18 and 50 years, in accordance with the provisions of the Constitution and laws of the Republic.
The safeguards adopted by the Government of the Bolivarian Republic of Venezuela to ensure that such recruitment is not forced or coerced are as follows:
1. Article 134 of the Constitution of the Bolivarian Republic of Venezuela provides:
"Everyone, in accordance with the law, has the duty to provide the necessary civilian or military services for the defence, preservation and development of the country, or to deal with situations of public emergency. No one may be subjected to forced recruitment."
2. When a person has been subjected to forced recruitment, article 27, first paragraph of the Constitution of the Bolivarian Republic of Venezuela provides that: "everyone has the right to be protected by the courts in the enjoyment and exercise of all constitutional rights and guarantees, including those inherent personal rights which are not expressly laid down in this Constitution or in the international human rights instruments".
3. The Constitution also provides, in article 31, first paragraph, that "everyone has the right, under the provisions laid down in the human rights treaties, covenants and conventions ratified by the Republic, to send petitions or complaints to the international organs created for these purposes, in order to seek protection of human rights".
4. Furthermore, article 4 of the Military Conscription and Enlistment Act provides that military age is the period during which Venezuelans have military obligations and are between 18 and 50 years of age. No Venezuelan under the age of 18 has military obligations or the duty to register for military service.

Reservations:

Pursuant to article 24, paragraph 2, of the International Convention for the Suppression of the Financing of Terrorism, the Bolivarian Republic of Venezuela hereby formulates an express reservation to the provisions of article 24, paragraph 1, of that Convention. Accordingly, it does not consider itself bound to resort to arbitration as a means of dispute settlement, and does not recognize the binding jurisdiction of the International Court of Justice.
Furthermore, pursuant to article 2, paragraph 2, subparagraph (a), of the International Convention for the Suppression of the Financing of Terrorism, it declares that in the application of that Convention to Venezuela, the following treaties shall be deemed not to be included in the annex referred to in article 2, paragraph 1, subparagraph (a), of that Convention until they enter into force for the Bolivarian Republic of Venezuela:
1. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973;
2. Convention on the Physical Protection of Nuclear Material, signed at Vienna on 3 March 1980;
3. Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 24 February 1988;
4. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988;
5. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988;
6. International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

Reservation made upon signature:

Under the provisions of article 11, paragraph 6, of the Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations (ICET-98), the Bolivarian Republic of Venezuela makes a specific reservation to paragraph 3 of that article. It therefore does not consider itself bound by arbitration as a means of dispute settlement, nor does it recognize the binding jurisdiction of the International Court of Justice.
Reservation made upon ratification:

Under the provisions of article 14, paragraph 1, of the Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations, the Bolivarian Republic of Venezuela makes a specific reservation to paragraphs 3 and 4 of article 11. Therefore, it does not consider itself bound by arbitration as a means of dispute settlement, nor does it recognize the binding jurisdiction of the International Court of Justice.

Reservation:

The Bolivarian Republic of Venezuela, pursuant to the provisions of article 20, paragraph 2, of the International Convention for the Suppression of Terrorist Bombings, formulates an express reservation regarding the stipulation in paragraph 1 of that article. Accordingly, it does not consider itself bound to resort to arbitration as a means of dispute settlement, and does not recognize the binding jurisdiction of the International Court of Justice.

Declaration:

In signing the present Agreement, the Republic of Venezuela understands that, under the provisions of article 1, the process of self-development of indigenous peoples, communities and organizations can in no way affect the sovereignty and territorial integrity of the Republic of Venezuela or the unity of its peoples.

Declaration:

With regard to the provisions of article 26, paragraph 1, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Bolivarian Republic of Venezuela considers that the right to join freely any trade union, contained in subparagraph (b), applies exclusively to migrant workers.
Considering the provisions of article 92, paragraph 2, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Bolivarian Republic of Venezuela declares that it does not consider itself bound by paragraph 1 of said article. Consequently, it does not consider itself bound to resort to arbitration as a means of dispute settlement, and does not recognize the binding jurisdiction of the International Court of Justice.

Declaration:

With regard to the provisions laid down in article 12, the extradition of Venezuelan nationals is expressly prohibited by the Venezuelan law. In that respect, in the event of a request for extradition of a Venezuelan national, the Bolivarian Republic of Venezuela will submit the case to the competent Venezuelan authorities for the purpose of prosecution, through proceedings in accordance with the laws of the Bolivarian Republic of Venezuela.
Reservation:

Pursuant to paragraph 2, article 17, of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, the Bolivarian Republic of Venezuela makes an express reservation to paragraph 1 of the same article. Therefore, it does not consider itself bound to resort to arbitration as a means of dispute settlement, nor does it recognize the compulsory jurisdiction of the International Court of Justice.

Interpretative declarations:

1. Article 21 (b):
The Government of Venezuela understands this provision as referring to international adoption and in no circumstances to placement in a foster home outside the country. It is also its view that the provision cannot be interpreted to the detriment of the State's obligation to ensure due protection of the child.
2. Article 21 (d):
The Government of Venezuela takes the position that neither the adoption nor the placement of children should in any circumstances result in financial gain for those in any way involved in it.
3. Article 30:
The Government of Venezuela takes the position that this article must be interpreted as a case in which article 2 of the Convention applies.

Upon signature:

Venezuela considers that the Convention [as] adopted properly protects its sovereign rights as a riparian State over the areas under its national jurisdiction, including its territorial sea, exclusive economic zone and continental shelf, and, as appropriate, its air space. The Convention also safeguards the exercise in such areas of its standard-setting and administrative jurisdiction for the purpose of protecting and preserving the environment and its natural resources in accordance with international law, and in particular the law of the sea.

Interpretative declarations:

1. With respect to article 6: (Extradition)
It is the understanding of the Government of Venezuela that this Convention shall not be considered a legal basis for the extradition of Venezuelan citizens, as provided for in the national legislation in force.
2. With respect to article 11: (Controlled Delivery)
It is the understanding of the Government of Venezuela that publicly actionable offences in the national territory shall be prosecuted by the competent national police authorities and that the controlled delivery procedure shall be applied only in so far as it does not contravene national legislation in this matter.

Upon signature, maintained upon ratification:

With reservation as to article 53.

Reservation made upon ratification confirming in substance the reservation made upon signature:

Venezuela makes a formal reservation with regard to article 29, paragraph 1, of the Convention, since it does not accept arbitration or the jurisdiction of the International Court of Justice for the settlement of disputes concerning the interpretation or application of this Convention.

Declaration:

The Republic of Venezuela declares that it is not bound by the provisions of article 16, paragraph 1, of the Convention.

Since the procedure established for the settlement of disputes arising in connexion with the application or interpretation of this Agreement is incompatible with Venezulean legislation, Venezuela expresses a specific reservation concerning article 11, section 2.

Reservation:

The Bolivarian Republic of Venezuela, in accordance with the provision of article 13 (2) of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents formulates a reservation with respect to the provision established under paragraph 1 of the said article. Consequently, it does not consider itself obligated to refer to arbitration as a means of settlement of disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice.

With a reservation excluding the provisions of article XII of the Convention.

[Same reservation as the one made by Venezuela in respect of article 14(3)(d) of the International Covenant on Civil and Political Rights: see chapter IV.4.]

[ See chapter XVI.1 .]

Under the Constitution of Venezuela, all Venezuelan nationals are equal before the law and none may enjoy special privileges; for that reason [the Government of Venezuela] make[s] a formal reservation to article 38 of the Convention.

Declarations:

(a) The Republic of Venezuela will apply the Convention only to the recognition and enforcement of foreign arbitral awards made in the territory of another Contracting State.
(b) The Republic of Venezuela will apply the present Con- vention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

In signing the present Convention, the Republic of Venezuela declares with reference to article 6 that there are special circumstances to be taken into consideration in the following areas: the Gulf of Paria, in so far as the boundary is not determined by existing agreements, and in zones adjacent thereto; the area between the coast of Venezuela and the island of Aruba; and the Gulf of Venezuela.
Reservation made upon ratification: . . . with express reservation in respect of article 6 of the said Convention.

With reference to article 12 that there are special circumstances to be taken into consideration in the following areas: The Gulf of Paria and zones adjacent thereto; the area between the coast of Venezuela and the island of Aruba; and the Gulf of Venezuela.
Reservation made upon ratification:

With express reservation in respect of article 12 and paragraphs 2 and 3 of article 24 of the said Convention.

[ See chapter XVI.1. ]

Reservation with regard to article IX:
[Venezuela] does not accept the jurisdiction of the International Court of Justice for the settlement of disputes concerning the interpretation or application of this Convention.

Article 31:

Amendments to the Convention shall not enter into force with respect to the Republic of Venezuela until the relevant constitutional requirements have been complied with.
Article 33:

The Republic shall be bound by the terms of Article 36 of the Statute of the International Court of Justice. That is to say, no case may be submitted to the International Court of Justice except by agreement between the Parties.

With reference to article VI, notice is given that any proceedings to which Venezuela may be a party before an international penal tribunal would be invalid without Venezuela's prior express acceptance of the jurisdiction of such international tribunal.
With reference to article VII, notice is given that the laws in force in Venezuela do not permit the extradition of Venezuelan nationals.
With reference to article IX, the reservation is made that the submission of a dispute to the International Court of Justice shall be regarded as valid only when it takes place with Venezuela's approval, signified by the express conclusion of a prior agreement in each case.