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IP Treaties Collection
Contracting Parties Azerbaijan

Dates Signature: June 30, 2008 Ratification: March 15, 2010 Entry into force: July 1, 2010

Declarations, Reservations

Declarations made upon signature and confirmed upon ratification:
1. "According to subparagraph "a" of paragraph 7 of Article 24 of the Convention, in case of the absence of an extradition treaty, the Republic of Azerbaijan designates the Ministry of Justice (Address: 1, Inshaatchilar Avenue, Baky, AZ 1073, Republic of Azerbaijan; e-mail: contact@justice.gov.az) as a responsible authority for receiving inquiries regarding extradition and temporary arrest."
2. "According to subparagraph "c" of paragraph 2 of Article 27 of the Convention, the Republic of Azerbaijan designates the Ministry of National Security ( Address: 2, Parliament Avenue, Baky, AZ 1006, Republic of Azerbaijan; e-mail: secretoffice@mns.gov.az) as a responsible authority for sending and answering requests for mutual assistance and the execution of such requests."
3. "According to subparagraph "e" of paragraph 9 of Article 27 of the Convention, the Republic of Azerbaijan informs the Secretary General that, for reasons of efficiency, requests made under this paragraph are to be addressed to its central authority."
4. "According to paragraph 1 of Article 35 of the Convention, the Republic of Azerbaijan designates the Ministry of National Security (address: 2, Parliament Avenue, Baky, AZ 1006, Republic of Azerbaijan; email: secretoffice@mns.gov.az) as a point of contact available on a twenty-four hour, seven-day-a-week basis, in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or collection of evidence in electronic form of a criminal offence."
5. "According to Article 38 of the Convention, the Republic of Azerbaijan declares that it is unable to guarantee implementation of the Convention in the territories of the Republic of Azerbaijan, which have been occupied by the Republic of Armenia, until the liberation of those territories from occupation."

Reservations made upon signature and confirmed upon ratification:
1. "In accordance with Article 42 and Article 4, paragraph 2, of the Convention, the Republic of Azerbaijan declares that criminal liability occurs if the acts described in Article 4 of the Convention result in serious harm."
2. "In relation to subparagraph "b" of paragraph 1 of Article 6 of the Convention, the Republic of Azerbaijan declares that when acts are not considered dangerous crimes for the general public, they will be evaluated not as criminal offences, but as punishable acts regarded as a breach of law. In case the deliberate perpetration of acts subject to the penalty risk which are not treated as dangerous crimes for the general public (action or inaction) generates a serious harm, then they are treated as crime."
3. "In relation to paragraph 3 of Article 6 of the Convention, the Republic of Azerbaijan appraises the acts indicated in paragraph 1 of Article 6 of the Convention not as criminal offences, but as punishable acts regarded as a breach of law in case these acts are not considered dangerous crimes for general public and stipulates that the given acts be subjected to criminal charge only at the event of incurrence of serious harm."
4. "n accordance with Article 42 and Article 29, paragraph 4, of the Convention, the Republic of Azerbaijan reserves the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled."

 

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