Ouzbékistan

Reservations made upon accession

1. In accordance with subparagraph (a) of paragraph 1 of Article 8 of the Convention, the Republic of Uzbekistan shall not apply this Convention to settlement agreements to which the Republic of Uzbekistan is a party, or to which any governmental agencies or any person acting on behalf of a governmental agency is a party.
2. In accordance with subparagraph (b) of paragraph 1 of Article 8 of the Convention, the Republic of Uzbekistan shall apply this Convention only to the extent that the parties to the settlement agreement have agreed to the application of the Convention.

Declaration:

"Article 16 of the Convention:
The Republic of Uzbekistan proceeds from the fact that the provisions of Article 16 of the Convention should be applied in such a way as to ensure the inevitability of responsibility for the crimes falling within the scope of the Convention, without prejudice to the effectiveness of international cooperation on extradition and legal assistance;
Paragraph 2 of Article 23 of the Convention:
The Republic of Uzbekistan declares that it does not consider itself bound by the provisions of paragraph 1 of article 23 of the Convention.”

Declaration:

“… to paragraphs 1 and 3 of Article 42 of the Convention: The Republic of Uzbekistan declares that in accordance with the national legislation, offenses described in articles 15-19, 21, 22, paragraph 1 of the article 23, articles 24, 25, 27 are criminal offenses and on them the jurisdiction of the Republic of Uzbekistan shall be applied …”
Reservation:

“… to Article 66 of the Convention: In accordance with paragraph 3 of the article 66 of the Convention the Republic of Uzbekistan declares that it does not consider itself bound by the provisions of paragraph 2 of article 66 of the Convention.”

Declaration:

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

Reservation:

“The Republic of Uzbekistan does not consider itself bound by provisions of paragraph 2 of article 15 of this Protocol.”

Reservation:

The Republic of Uzbekistan does not consider itself bound by the provisions of paragraph 2 of article 35 of this Convention.
Declaration:

Communication concerning article 2, paragraph (a), of the Convention
Under article 29, section 4, of the Criminal Code of the Republic of Uzbekistan, approved by the Act of 22 September 1994, a group of two or more persons constituted in advance for the purpose of joint criminal activity is considered an organized group.
Communication concerning article 2, paragraph (b), of the Convention
Under article 15 of the Criminal Code of the Republic of Uzbekistan, offences are subdivided, according to their nature and the degree of danger they pose to society, into: offences that do not pose a great danger to society, less grave, grave and especially grave offences.
Offences that do not pose a great danger to society are premeditated offences punishable by deprivation of liberty for not more than three years and offences committed through negligence and punishable by deprivation of liberty for not more than five years.
Less grave offences are premeditated offences punishable by deprivation of liberty for more than three years but not exceeding five years and offences committed through negligence and punishable by deprivation of liberty for more than five years.
Grave offences are premeditated offences punishable by deprivation of liberty for more than 5 years but not exceeding 10 years.
Especially grave offences are premeditated offences punishable by deprivation of liberty for more than 10 years or the death penalty.
Communication concerning article 2, paragraph (g), of the Convention
Pursuant to the Act of the Republic of Uzbekistan of 29 August 2001, confiscation of property as a form of punishment has been removed from the Criminal Code.
Article 284 of the Code of Criminal Procedure of the Republic of Uzbekistan provides that property that is the object of a crime shall, on the judgement of a court, become State property, unless it is subject to return to the former owner.
Communication concerning article 7 of the Convention
Under article 38 of the Act of the Republic of Uzbekistan of 25 April 1996 on banks and bank activities, information on transactions by and accounts belonging to natural and legal persons may be transmitted to the clients and organizations themselves, to the procurator, and to courts and bodies conducting initial inquiries and investigations:
(a) Information on transactions by and accounts belonging to legal persons and other organizations may be transmitted to the organizations themselves, to the procurator, and to courts and bodies conducting initial inquiries and investigations when criminal proceedings have been initiated;
(b) Information on accounts and deposits belonging to natural persons may be transmitted to the clients themselves and their legal representatives and, provided that such information pertains to cases they are handling, to courts and bodies conducting initial inquiries and investigations when financial resources and other assets of the client in the account or deposit may be subject to seizure, when a penalty is enforced or when property is confiscated.
Communication concerning article 10 of the Convention
The legislation of the Republic of Uzbekistan does not provide for criminal or administrative liability in respect of legal persons.

Declaration:

“To paragraph 2 of article 3 of the Optional Protocol : the Republic of Uzbekistan declares that, according to the Law of the Republic of Uzbekistan “On general military duty and military service” adopted on 12 December 2002 enrollment of citizens to the Armed Forces of the Republic of Uzbekistan shall be allowed only after attainment by them of eighteen years of age.”

Reservation:

“In accordance with section 4 of article 13 of the Agreement, the Republic of Uzbekistan declares that it does not consider itself bound by the provisions of section 2 of article 11 of the Agreement.”

Reservations:

“In accordance with Article 6 Paragraph 2 of the Convention the Republic of Uzbekistan declares that it will protect broadcasts only if the headquarters of that broadcasting organization is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State;
In accordance with Article 16, Paragraph 1 (a) (iii) of the Convention, the Republic of Uzbekistan will not apply the provisions of Article 12 in respect of phonograms the producer of which is not a national of another Contracting State.”

Declaration made upon accession:

“In accordance with Article 1 paragraph 5 of the said Agreement the Republic of Uzbekistan declares that it shall not apply the following UN Regulations: 0, 2, 5, 15, 32, 33, 68, 84, 92, 134 and 146.”

Reservation made upon accession:

“Pursuant to Article 11 of the foregoing Agreement, the Republic of Uzbekistan declares that it does not consider itself bound by paragraphs 1, 2, 3 of Article 10 of the Agreement, and states that, in order for any dispute among Contracting Parties concerning the interpretation or application of the Agreement to be submitted to arbitration, the consent of all countries involved in the dispute shall be required in each individual case, and persons may be appointed to act as arbitrators, subject to the common consent of the parties to the dispute.”