Ad Hoc Consultation: Thursday 1st February, Afternoon session

1 Feb 2024 21:00h - 23:59h

Table of contents

Disclaimer: This is not an official record of the WEF session. The DiploAI system automatically generates these resources from the audiovisual recording. Resources are presented in their original format, as provided by the AI (e.g. including any spelling mistakes). The accuracy of these resources cannot be guaranteed. The official record of the session can be found on the WEF YouTube channel.

Full session report

Delegates scrutinise criminalisation chapter in draft convention negotiations

The session was dedicated to the meticulous examination and negotiation of various articles within the draft text of a convention, focusing predominantly on the criminalization chapter. Delegates engaged in detailed discussions over specific language and legal precision required in the convention’s instruments.

A central point of debate was Article 16, related to the criminalization of money laundering. Japan proposed amendments to limit predicate offences to serious crimes, emphasizing the need to consider the gravity of the crime against property rights protection. The European Union supported Japan’s amendment, while Brazil expressed concerns about the vagueness of the proposed language. The Russian Federation called for the deletion of what they considered redundant language, and the United States supported specific paragraphs within the article.

Article 18, dealing with the liability of legal persons, saw general agreement among the delegates, but the European Union sought clarity on the scope of offences referenced before fully endorsing the article.

Articles 20 and 21 were also discussed. Egypt supported the retention of the revised draft text and suggested amendments for consistency with other conventions like UNTOC and UNCAC. Egypt further proposed adding “applicable” before “protocols” in Article 21 to reflect the selective ratification of the CRC and its protocols.

The committee’s deliberation on Article 22 highlighted the Russian Federation’s suggestion to remove subparagraph F, which they deemed redundant. However, the Chair noted that the subparagraph reflects language agreed upon in UNTOC.

Article 10, concerning the misuse of devices, saw proposals to align the language with other parts of the convention and to include terms such as “electronic signature.” The Russian Federation proposed deleting a sentence that allows for criminal liability based on the possession of multiple devices, which received mixed reactions. The United States and Austria argued for retaining the sentence, citing its utility in distinguishing mere possession from criminal acts and aiding in proving criminal intent.

A significant issue arose with Article 8, which addresses interference with computer data. The Russian Federation insisted on including “copying” as part of the offences. However, this proposal was not supported by Ecuador, the United Kingdom, and Australia, who felt that unauthorized copying was already covered under unauthorized access and did not pertain to the integrity of data as intended by the article.

The session concluded with the Chair announcing a night session focused on preventive measures, technical assistance, and information exchange. The secretariat informed governmental delegations of an informal-informal meeting on provisions in Chapter 5 on international cooperation.

Throughout the session, the committee demonstrated a methodical approach to consensus-building on each article, emphasizing the importance of legal language precision. The discussions showcased the delegates’ willingness to demonstrate flexibility and compromise, as evidenced by Egypt’s readiness to reconsider its position on Article 14, paragraph 4, and the general agreement on Article 18 despite scope reservations.

In summary, the committee made progress on several articles of the convention, with some issues being set aside for further consultation. The session’s discussions reflected the complexity of achieving international consensus on legal instruments and underscored the necessity for clarity and precision in drafting the convention’s text.

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Islamic Republic of Iran

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Australia

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Austria

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Brazil

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Canada

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Ecuador

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Egypt

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European Union

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Japan

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