Article 18

INFORMATION TO BE FURNISHED BY PARTIES

Paragraph 1, introductory part

1. The Parties shall furnish to the Secretary-General such information as the Commission may request as being necessary for the performance of its functions, and in particular:

Commentary

1. The introductory part describes in general terms the information which Parties to the Single Convention are bound to furnish to the SecretaryGeneral at the request of the Commission. No such general formula exists in the earlier narcotics treaties in respect of the information which Parties are obliged to supply to the Secretary-General, or to each other through the Secretary-General. 1 The paragraph under consideration lays down, however, only what was the practice of the Commission prior to the coming into force of the Single Convention. z The Commission then did not hesitate to ask Governments for information relating to drugs which were abused or liable to abuse, whether or not they were already under international control, whenever it considered such information necessary for its work either under its terms of reference as a functional commission of the Economic and Social Council under the United Nations Charter, or under the narcotics treaties; but the earlier narcotics treaties themselves did not impose upon Parties a legal obligation to furnish information at the request of the Commission. As far as these treaties are concerned, the Parties were only bound to furnish the specific information expressly required by those conventions which they had respectively accepted. The view may, however, be held that the obligation of Members of the United Nations to co-operate in the international campaign against drug abuse also includes their legal duty to furnish at the request of the Council, the Commission or the Secretary-General, such data regarding drugs as these organs respectively require for the performance of their functions under the United Nations Charter in regard to international co-operation concerning the social problem of abuse of drugs. 3

2. Two questions of interpretation of the paragraph under consideration may be raised: first, is the information referred to by the words "and in particular", i.e. that described in subparagraphs (a) to (d), to be furnished to the Secretary-General in any case, or only if requested by the Commission? It is submitted that such a request is not required, and furthermore that the Commission has an obligation to determine the particulars of the illicit traffic which Parties must include in their reports under subparagraph (c). The data mentioned in the four subparagraphs are in any event necessary for the performance of the Commission's work, while other facts are considered necessary, and therefore must be furnished to the Secretary-General, only if expressly requested by the Commission "as being necessary for the performance of its functions".

3. One of the principle aims of the Single Convention was that of codifying the treaty law in the field. 4 By making it expressly obligatory to furnish annual reports, the text of laws and regulations and seizure reports, the authors of the Single Convention sought to achieve this aim. Subparagraphs (a) to (c) only reproduce the substance of provisions of earlier narcotics treaties which require Parties to supply the information defined in these subparagraphs, without being specifically requested by an international organ to do it. 5

4. The second question which arises is whether the Commission's view that the information which it requests is "necessary" for the performance of its functions is binding on Parties. It appears that the text justifies an affirmative reply to this question. s If this view is accepted, the Commission has indeed very far-reaching powers to require Parties to furnish information, since the Commission may consider not only the implementation of specific provisions of the Single Convention, but "all matters pertaining to the aims of this Convention". 7 The Commission has requested Parties to supply data not only in respect of controlled drugs, but also in regard to such substances liable to abuse as are outside the scope of the Single Convention, without any Party questioning on legal grounds the right of the Commission to require this kind of information. It seems that only in the highly improbable case of abuse by the Commission of its right s to request information would a Party be entitled to refuse to furnish requested data on the ground that the information is unnecessary for the performance of the Commission's functions.

5. On the other hand, it appears to follow from the practice of Governments in this area, before as well as after the coming into force of the Single Convention, that Parties are bound to furnish only such data as are in their possession, or which they are required to obtain to carry out specific provisions of the Convention, or which they may acquire by an effort which can reasonably be expected of them. For example, if the Commission asks for detailed statistical figures on the incidence of abuse of drugs, s a Party would not be obligated, in order to obtain this information, to enact laws or regulations to require physicians to report addicts whom they treat if this would be incompatible with its traditional principle of professional secrecy.

6. The Commission may under the general formula of the introductory part require that the requested information be supplied separately, or be included in the annual reports mentioned in subparagraph (a) or in other documents, since pursuant to paragraph 2 it is authorized to determine the manner in which the data should be furnished and to prescribe the forms to be used for this purpose. The Commission may address also to non-Parties its requests for information which it needs for the performance of its functions. A non-Party would, however, be bound to comply with such a request, in the case of a Member of the United Nations, if furnishing the information involved is required by its obligation under the United Nations Charter to co-operate in the promotion of the solution of the international social problem of drug abuse. 10 If it is a non-Member of the United Nations, it would have the legal duty to carry out the request of the Commission to the extent that it may be bound to do so under a rule of customary international law. The latter presupposes, of course, that the basic rules of the international narcotics regime have in fact become provisions of customary general international law. 11

1 For provisions of earlier narcotics treaties requiring parties to furnish substantive information to the Secretary-General, see article 21 of the 1912 Convention together with the resolution dated 15 December 1920 of the Assembly of the League
of Nations (see foot-note 11 to above comments on article 8) and article 3 of the 1946 Protocol; article 10 of the 1925 Agreement; articles 11, 21 and 23 of the 1931 Convention; article 16 of the 1936 Convention, article 1 of the 1948 Protocol; and article 4, para. (b) and article 10 of the 1953 Protocol.

2 See in this connexion resolution 246 B (IX) of the Economic and Social Council authorizing the Secretary-General to ask Governments to furnish explanations or additional information regarding statements contained in annual reports, seizure reports, texts of laws and regulations or in other reports forwarded by them to the Secretary-General as may be necessary to enable the Commission on Narcotic Drugs to discharge its functions.

3 See above, comments on article 3, para. 7, articles 5 and 8 and article 14, para. 1, subpara. (a).

4 Operative part of resolution 159 11 D (VII) and resolution 246 D (IX) of the Council; the Records of the Conference only indicate that the text of article 26, para. I introductory part of the Third Draft which was drafted by the Commission
and served as working document of the Plenipotentiary Conference was "approved". Article 26, para. 1, introductory part of the Third Draft is identical with article 18, para. 1, introductory part of the Single Convention as finally adopted; Records, vol. 1I pp. 10 and 179. The Commission was guided in its work by the two Council resolutions.

5 Article 21, para. (a) of the 1912 Convention, article 30 of the 1925 Convention, articles 21 and 23 of the 1931 Convention and article 16 of the 1936 Convention; see also article 4, para. (b) and article 10 of the 1953 Protocol.

6 It may be recalled in this connexion that the Commission could invite the Council to request the International Court of Justice for an advisory opinion on this point, or on any other question of interpreting the single Convention, in accordance with
article 96, para. 2 of the United Nations Charter and General Assembly resolution 89 (I); see also on disputes article 48 of the Single Convention.

7 Article 8, introductory part.

8 See article 38, para. 1, subpara. (c) of the Statute of the International Court of Justice; the prohibition of the abuse of rights appears to be a general principle of law "recognized by civilized nations".

9 See chapter X of the Form of Annual Reports, document E/NR.FORM/Rev.2, dated 21 March 1966.

10 Article 55, subpara. (b) of the Charter; see above, comments on the subparagraph under consideration and on article 3, para. 7, article 5, article 8 and article 14, para. 1, subpara. (a).

11 See above, comments on article 14, para. 1, subpara. (a).
 

Paragraph 1, subparagraph (a)

(a) An annual report on the working of the Convention within each of their territories.

Commentary

1. The 1931 1 and 1936 3 Conventions, as well as the 1953 Protocol, 3 also required Parties to furnish annual reports on the working of these treaties in their territories. The 1953 Protocol expressly stipulated that the annual report which it required should be included in or annexed to the annual report on the working of the 1931 Convention. It has, however, been the practice not only to combine the annual report provided for in the 1953 Protocol with that of the 1931 Convention, but to include in a single document all the annual reports required by the different treaties. This practice continued after the Single Convention came into force. Since the three earlier treaties which provide for annual reports are still in force 4 at the time of this writing, the Commission has prepared a single form s which it requires Governments to use for their annual reporting on the working of the Single Convention and of these three earlier treaties. Many Parties to the Single Convention are, however, not Parties to one or more of these earlier treaties; on the other hand, some Parties to these treaties have not yet accepted the Single Convention. Governments may thus be called upon to reply to questions included in this single form which are required by a treaty to which they are not Parties; but this has caused no difficulties in practice. The subject-matter with which the earlier treaties deal is normally also covered by the terms of the Single Convention. Moreover, questions which relate to the working of the earlier treaties but not to that of provisions of the Single Convention would generally be "necessary" for the Commission's performance of its functions under that Convention, and thus be justified by the terms of the introductory part of article 18. The Commission's practice of including in the form for annual reports by Governments on the working of the Single Convention questions relating to the implementation of other narcotics treaties to which some of these Governments may not be Parties only continues the practice which existed prior to the coming into force of the Single Convention. In fact, both the Commission and the Board expect to receive from all Governments, and request them to furnish, all the various reports required by the different narcotics treaties, whether or not the Government in question is a Party to one, several or all of these treaties, s and they make the request to non-Parties not only in the cases where they are specifically authorized to do so by treaty provisions. Both organs, however, consider some provisions of the treaties preceding the Single Convention to be obsolete, and for practical reasons do not request such obsolete information. s The Commission also follows this practice in regard to the annual reports to be furnished under subparagraph (a).

2. As regards the obligation of a Member State of the United Nations or of a non-Member State to furnish information required by a narcotics treaty to which it is not a Party, see above, comments on article 18, paragraph 1, introductory part, and the references in foot-note 3 to these comments.

3. The form 5 which the Commission requests to be used for the annual reports contains some questions which do not concern the working of any of the four treaties under whose terms the reports are furnished. For example, it contains requests for information on publications of international interest, official or unofficial, relating to narcotics control, 9 and on drugs not yet under international control and their medical value. 10 The Commission is of course authorized to ask these questions under the general terms of article 18, paragraph 1, introductory part, and to require, pursuant to paragraph 2 of this article, the inclusion of the replies in the annual reports. 11

4. The information which Governments are asked to furnish in their annual reports includes, inter alia, steps, including preliminary steps, taken to become a Party to any of the ten multilateral narcotics treaties in force; other international agreements or arrangements relating to narcotic drugs, whether bilateral or concluded by more than two countries; laws and regulations enacted to implement any of the four treaties under whose terms the annual reports are made; administrative arrangements for narcotics control; control of the international trade, including names and addresses of authorities responsible for the issue of import and export authorizations; 12 control of manufacture, including the names and addresses of narcotics factories and the drugs each of them is authorized to manufacture and their designations; 13 control of domestic trade; prohibition of manufacture of, international and domestic trade in, and use of some narcotic drugs; data on cultivators of plants from which narcotic drugs are obtained (e.g. whether they are state farms, co-operatives, other corporate bodies or individual farmers); statistical figures on drug abuse (classified by agent of abuse, source of agent of abuse, origin of addiction, occupation, age and sex); and illicit traffic with many details, such as sources of supply of the traffic, quantities of each drug seized, prosecutions, convictions, penalties, prices in the illicit traffic, methods used by traffickers and disposal of seized drugs. 14

5. Contrary to the earlier practice, copies of the texts of the annual reports are now no longer distributed by the Secretary-General to Govern ments. is Summaries of the annual reports are prepared by the Secretariat of the United Nations and are reviewed by the Commission. i6

6. In accordance with paragraph 2 of article 18, the Commission at present requires that the annual reports should reach the Secretary-General not later than 30 June of the year following the year to which they relate. 17

7. The term "territories" as used in subparagraph (a) not only refers to territories as defined in article 1, paragraph 1, subparagraph (y), i.e. to parts of a State treated as separate entities for the application of the system of import certificates and export authorizations provided for in article 31, but also to the whole area of a State not divided into such separate entities. 18
 

1 Article 21.

2 Article 16.

3 Article 10, para. 1, subpara. (c).

4 Article 44 of the Single Convention.

5 Form E/NR.FORM/Rev.2, dated 21 March 1966. The form states expressly in its heading that it refers to all four treaties.

6 Only very few countries are Parties to all general substantive narcotics treaties, that is, to the 1912, 1925, 1931 and 1936 Conventions, to the 1948 and 1953 Protocols and to the Single Convention; the 1925 and 1931 Agreements relating to opium smoking which are in any event obsolete (see article 19 of the 1953 Protocol and particularly article 49 of the Single Convention) have of course only a small number of Parties; document E/CN.7/514/Add.2.

7 Article 26 of the 1925 Convention; article 2, para. 3 of the 1931 Convention; article 8, para. 8 and article 13 of the 1953 Protocol; and article 12, paras. 2 and 4, article 13, paras. 2 and 3 and article 14 of the Single Convention.

8 E.g. the second paragraph of article 13 of the 1912 Convention (rescinded by article 31 of the 1925 Convention as between Parties to that Convention); and article 14, para. l of the 1931 Convention.

9 Question 51.

10 Question 16 (a).

11 See above, comments on article 18, para. 1, introductory part.

12 The lists of these authorities are published in the document series E/NA.19 ...

13 Lists of narcotics factories, indicating the drugs each of them is authorized to make, are published in the document series E/NF. 19 ... a Multilingual List of Narcotic Drugs under International Control containing all known synonyms is published by the United Nations Secretariat and brought up to date from time to time; see document E/CN.7/513, United Nations publication, Sales No. E/F/S/R/69.XI.1; see also the List of Narcotic Drugs under International Control, published by the International Narcotics Control Board, 14th edition (March 1970) published as annex to the statistical forms ("Yellow List"); see para. 1 of articles 12 and 13 and introductory parts of paras. 1 of articles 19 and 20; article 20 of the 1931 Convention as amended requires Parties to notify to the Secretary-General narcotics factories and the drugs which each of the factories is authorized to manufacture. The Single Convention did not take over this provision; but its article 18, para. 1, introductory part, empowers the Commission to require Parties to furnish this information to the Secretary-General as it actually does in para. 13 of the form (see above foot-note 5) for annual reports.

14 For the full contents of the annual reports, see the form referred to in footnote 5 above.

15 Distribution is expressly required by article 16 of the 1936 Convention but not by article 21 of the 1931 Convention, article 10, para. 1, subpara. (c) of the 1953 Protocol and article 18, para. 1, subpara. (a) of the single Convention.

16 These summaries are published in the series E/NR. 19 ... /SUMMARY.

17 See "Note by the Secretary-General" on the first page of document E/NR. FORM/Rev.2; see also article 49, para. 4, subpara. (a), clause (i) of the Single Convention.

18 See above comments on article 1, para. I subpara. (y).

Paragraph l, subparagraph (b)

(b) The text of all laws and regulations from time to time promulgated in order to give effect to this Convention.

Commentary

1. Parties must furnish to the Secretary-General all their laws and regulations which implement provisions of the Single Convention, including those which were enacted before they became Parties; this obligation does not apply, however, to those texts that have already been furnished under corresponding provisions of earlier narcotics treaties. I Not only texts of legislation of central governments must be supplied, but also those of political sub-divisions such as states or provinces of a federal union whenever legislation implementing provisions of the Single Convention falls within the competence of such subdivisions.

2. The words "from time to time" indicate that the obligation of Parties is a continuing one. Their duty is not completed once they have supplied all the laws and regulations which they have promulgated to implement all the provisions of the Single Convention. They must also furnish later amendments. 2

3. The phrase "from time to time" in the English text and the corresponding word "periodicamente" of the Spanish text refer respectively to the words "promulgated" or "promulgados". The corresponding phrase "de temps a autre" of the French version appears, however, to refer to the word "fourniront" s in the introductory part. It is suggested that preference be given to the English and Spanish texts because this would be in accordance with the explanation given to the plenary meeting of the Plenipotentiary Conference by the chairman of the Drafting Committee, which inserted the words in question. 4

4. The Secretary-General distributes to Governments copies of the legal texts that he receives. 5

1 Article 21, para. (a) of the 1912 Convention, article 30 of the 1925 Convention; article 21 of the 1931 Convention, article 16 of the 1936 Convention; article 10, para. 1, subpara. (b) and para. 2 of the 1953 Protocol which, however, requires Parties only to furnish "a report on the legislative and administrative measures adopted in accordance with this Protocol" and "additional information regarding any important changes" concerning these measures.

2 Records, vol. I p. 208.

3 "Shall furnish" in the English text and "facilitaran" in the Spanish text.

4 Records, vol. I p. 208; see also article 26, para. 1, subpara. (b) of the Third Draft, i.e. of the working document of the Plenipotentiary Conference, Records, vol. II pp. 10 and 179.

5 Governments are also asked by the Commission to furnish in their annual reports legal information on the implementation of narcotics treaties, including the Single Convention; see chapter II of the form E/NR.FORM/Rev.2. The texts are
published in the series E/NL.19 ... /... ; the Secretary-General also prepares cumulative indexes of these texts, see e.g. document E/NL.1965/Index, United Nations publication, Sales No. 66.X1.4. Distribution of the texts is required by the 1912, 1925, 1931 and 1936 Conventions, but not by the 1953 Protocol or by the Single Convention; see foot-note 1 above.

Paragraph 1, subparagraph (c)

(c) Such particulars as the Commission shall determine concerning cases of illicit traffic, including particulars of each case of illicit traffic discovered which may be of importance, because of the light thrown on the source from which drugs ara obtained for the illicit traffic, or because of quantities involved or the method employed by illicit traffickers; and

Commentary

1. Under this subparagraph the Parties have a general obligation to furnish to the Secretary-General such data on cases of the illicit traffic as the Commission may determine, and a more specific obligation to furnish data to be determined by the Commission on important cases as defined by the subparagraph. If no provision were made for the specific obligation, that is, if the part of the subparagraph beginning with the word "including" in the second line were omitted, the general formula at the beginning would still authorize the Commission to require Parties to furnish the information covered by the specific obligation. 1 Under the general formula the Commission is authorized to determine what particulars and on what kind of cases of illicit traffic the Parties are bound to report.

2. Under the more specific part of the subparagraph under consideration, which begins with the word "including" in the second line, the Parties must report on each possibly important case of illicit traffic discovered by them. The obligation of Parties to report is not limited to those cases which they consider to be actually important, but includes also those which "may" be important. What cases may be important is not established by the Commission, but defined by the Convention itself. A case "may be of importance" for one or more of the following reasons: "because of the light thrown on the source from which drugs are obtained for the illicit traffic, or because of quantities involved or the method employed by illicit traffickers". The Commission must, however, determine the "particulars" which the Parties must supply on the cases which "may be of importance".

3. The information which Parties are required by the Commission to supply under the general formula of subparagraph (c) is at present included in the annual report 2 which they furnish pursuant to subparagraph (a). 2

4. The separate reports on "each case of illicit traffic discovered which may be of importance" are made by Governments on a form 3 prepared by the Commission in accordance with paragraph 2 of article 18. Contrary to the earlier practice under the corresponding provision of the 1931 Convention, 4 the individual reports are no longer distributed to Governments by the Secretary-General. The data contained in them are summarized in documents prepared from time to time by the United Nations Secretariat, which are distributed to Governments and submitted to the Commission. 5

5. When the reports on seizures were first introduced by the 1931 Convention, their communication to Governments was thought to facilitate police co-operation in individual cases of illicit traffic. s They are no longer used for this purpose by the United Nations. The information that they contain, however, assists Governments and the Commission in developing policies in the fight against the international illicit traffic, and in reviewing the effectiveness of law enforcement in that area. Actual international police co-operation takes place on a bilateral basis between the national police services concerned, and on a multilateral basis through the International Criminal Police Organization (INTERPOL) which is an international organization. In the abovementioned form which the Commission has prepared for the reports on individual cases of illicit traffic, Governments are invited to use the form not only for reports furnished to the Secretary-General of the United Nations, but also for reports to be made to INTERPOL. 7 It is requested in the form 8 that when the report is forwarded to that organization, photographs, fingerprints and records of previous convictions of the illicit traffickers in question should be attached.

6. It was provided in the 1931 Convention 9 that reports on individual cases of the illicit traffic should be furnished by the Parties "as soon as possible". Similarly, the Commission states in the form which it requests to be used for the reports under the Single Convention or under the 1931 Convention that they should be made "as soon as possible". 1° As regards the reports transmitted pursuant to subparagraph (c), the Commission may request submission as soon as possible under paragraph 2 of article 18, by which it is authorized to determine the dates by which information required under provisions of paragraph 1 of that article should be supplied.

7. In the form 3 for reports on individual cases of illicit traffic, the Commission at present requires Governments to report inter alia on the kind and weight of the seized drug, the place and date of the illicit transaction or seizure, packing, labelling and trade mark of the seized substance, type of transportation used by the illicit trafficker (including name, owner, nationality and registration of the ship, aircraft or other vehicle involved), route followed by the drug, destination, place of acquisition of the drug by the culprit, place where the drug was manufactured or where the plant was cultivated from which the drug was obtained, means by which the drug was obtained (purchase, theft, etc.), in case of clandestine laboratories the apparatus seized, personal data on the trafficker (name, date and place of birth, nationality, occupation, residence, whether arrested or at large, etc.) and judicial or administrative measures taken against him.

8. The treaties preceding the Single Convention did not give to the Commission a general authority to require Parties to furnish information on the illicit traffic, as provided in the general formula at the beginning of sub paragraph (c) ; but the formula represents the actual practice of the Commission as it existed before the Single Convention.

9. There is a considerable divergence between the English text of subparagraph (c), on the one hand, and the French and Spanish versions on the other hand. The part of the English subparagraph beginning with the words "particulars of each case" is rendered in the French version by the words "les details de chaque affaire de trafic illicite decouverte qui pourront presenter de l'importance soit en raison de la lumiere qu'ils jettent sur les sources d'approvisionnement en stupefiants du trafic illicite, soit en raison des quantes en cause ou de la methode utilisee par les trafiquants illicites", and in the Spanish version by the words "los datos de cada caso descubierto de trafico ilicito que pueden tener importancia, ya sea por arrojar luz sobre las fuentes de que provienen los estupefacientes para dicho trdfico, o bien por las cantidades de que se trata o el metodo empleado por los traficantes ilicitos".

10. As can readily be seen, the English text provides that each case of the illicit traffic on which a report should be made should be one which "may be of importance" for the reasons specified, while the French and Spanish versions provide for reporting in respect of each case of the illicit traffic the particulars which may be important for the same reasons. It appears from the legislative history of this provision that the English text accords with the intention of the Plenipotentiary Conference which adopted the Single Convention. The provision was not included in the Third Draft, which contained only the general formula with which subparagraph (c) of article 18, paragraph 1 of the Single Convention begins. The Third Draft uses exactly the same words as the Single Convention in formulating this general power of the Commission, namely the words "such particulars as the Commission shall determine concerning cases of illicit traffic". 11 When the provision was discussed in the Committee charged by the Plenary Meeting to consider it, 12 the representative of India moved to replace it by a text which was nearly the same as the substantive part of the first paragraph of article 23 of the 1931 Convention, except that the order of the three reasons for which "each case of illicit traffic ... may be of importance" was different. He stated expressly that his proposal would replace the wording of the Third Draft by the text of article 23 of the 1931 Convention. The original of the Indian amendment was of course drafted in English. 13 The Committee decided, with the consent of the Indian representative, that his proposal should not replace the text of the Third Draft, but should be added to it. 14 The Committee's amendment was approved by the Plenary without any change. 15

11. The English text of article 18, paragraph 1, subparagraph (c), beginning with the word "particulars" in the second line and ending with the word "traffickers" in the last line, is thus nearly the same as the substantive part of the first paragraph of article 23 of the 1931 Convention, with the exception mentioned above. The French version of this paragraph is identical with the English text. It relates the qualification of "importance" to "each case of illicit traffic discovered", and not to the "particulars" of such a case. 16

12. This legislative history appears to permit the above-mentioned conclusion that the English text of article 18, paragraph 1, subparagraph (c) fully accords with the intention of the Plenipotentiary Conference, and is to be preferred to the French and Spanish versions where it differs from them.

13. For the provision requiring Parties to furnish to the Board statistical information on the illicit traffic, see article 20, paragraph 1, subparagraph (e), of the Single Convention; see also article 21, paragraph 2 of that Convention. As regards the preceding treaties, see article 22, paragraph 1, subparagraph (e) of the 1925 Convention, article 7, first paragraph, subparagraph (ii) of the 1931 Convention and article 8, paragraph 1, subparagraph (a), clause (iv) of the 1953 Protocol.

1 Records, vol. II p. 179, Statement of the representation of the United Kingdom of Great Britain and Northern Ireland; the Commission could also require Parties to furnish this information under its general authority provided for in the introductory part of para. 1.

2 Chapter XI of document E/NR.FORM/Rev.2; see also last sentence of paragraph 2 of the "Notes" at the end of annex I of that document.

3 This form as prescribed by the Commission at present is reproduced as annex I of document E/NR/FORM/Rev.2.

4 Article 23; the practice of distributing the individual reports to Governments was already discontinued prior to the Single Convention.

5 In 1968 the former monthly summaries of these seizure reports were replaced by communications on relevant cases issued at the discretion of the Director of the Division of Narcotic Drugs of the United Nations Secretariat; Commission on Narcotic Drugs, report on the twenty-second session (1968), Official Records of the Economic
 and Social Council, Forty-fourth Session. Supplement No. 8 (E/4455), para. 372 I. The documents containing summaries of the reports are at present published in the United Nations document series E/NS.19 ... SUMMARY ...

6 The League of Nations Secretariat even prepared confidential "black lists" of illicit traffickers, see, e.g., League of Nations, document C.256. M.105. 1934.XI p. 24.

7 Para. 1 of the Notes at the end of annex I of document E/NR.FORM/Rev.2; see also Council resolution 1579 (L) (Special Arrangement for co-operation between the United Nations and the International Criminal Police Organization).

8 Para. 18.

9 Article 23.

10 Para. 2 of the notes mentioned above in foot-note 7.
 

11 Article 26, para. 1, subpara. (c), Records, vol. 1I p. 10.

12 Records, vol. I p. 80.

13 Document E/CONF.34/C.9/L.I Records, vol. 1I p. 39. The French and Spanish translations prepared by the Conference secretariat of this document, obviously by mistake, contain already that difference from the English original which appears in the French and Spanish versions of article 18, para. I subpara. (c) of the Single Convention; Records (Spanish) vol. 1I p. 40; Records (French), vol. 1I p. 46.

14 Records, vol. II p. 179.

15 Records, vol. 1I p. 273 and vol. I, p. 179; see also vol. I, p. 208 and vol. II p. 287.

16 The relevant French words are; "tout cas de trafic illicite decouvert par elles (i.e. les Hautes Parties contractantes) et qui pourra presenter de l'importance". The English and French texts of the 1931 Convention are "authoritative" (article 27 of the 1931 Convention); there is no internationally "authoritative" Spanish version of that treaty, which was concluded under the auspices of the League of Nations.

Paragraph l, subparagraph (d)

(d) The names and addresses of the governmental authorities empowered to issue export and import authorizations or certificates.

Commentary
 

1. The information mentioned in this subparagraph is needed by Governments in order to prevent international shipments of narcotic drugs on the basis of forged documents. Authorities of "territories" within the meaning of article 1, paragraph 1, subparagraph (y), that is, of political subdivisions or parts of a State treated as separate entities for the application of the system of import certificates and export authorizations, 1 may also be empowered to issue the authorizations or certificates. Subparagraph (d) therefore requires Parties to furnish to the Secretary-General also the names and addresses of such territorial authorities.

2. Governments are at the time of this writing bound to supply the information referred to in subparagraph (d) in their annual reports pursuant to article 18, paragraph 1, subparagraph (a). 2

3. The English, French and Spanish versions of the present subparagraph refer not only to import and export authorizations and to import certificates, but also to "export certificates". The Convention does not provide for "export certificates". Subparagraph (d) is mistaken on this point; but the terms "export authorization" and "export certificate", as well as the terms "import authorization" and "import certificate", are sometimes used as synonyms, although not in the Single Convention or in the earlier narcotics treaties; see below, comments on article 31, paragraph 4, subparagraphs (a) and (d) and paragraph 5 on the distinction between "import authorization" and "import certificate".

4. Lists of Names and Addresses of National Authorities authorized to issue the documents mentioned in subparagraph (d) are published by the Secretary-General in the document series E/NA.19.. .
 

1 Article 31, paras. 4-14.

2 E/NR.FORM/Rev.2, para. 5; under article 18, para. 2, the Commission is authorized to require Parties to furnish in their annual reports the information foreseen in subpara. (d); see also above, comments on article 18, para. 1, introductory part.

Paragraph 2

2. Parties shall furnish the information referred to in the preceding paragraph in such manner and by such dates and use such forms as the Commission may request.

Commentary

1. The Commission is authorized by this paragraph to determine:
(i) The manner in which Parties must supply information required by paragraph 1;
(ii) The dates by which this information must be furnished; and (iii) The forms to be used.

2. As regards the manner of submission, the Commission may determine whether the information should be furnished separately, or included in the annual reports of Governments or in other documents; 1 it may request that the paper containing the data should be supplied in an indicated number of copies; and it may prescribe the mode of dispatch of the information, e.g. by mail, air mail, registered mail or in urgent cases by telegram.

3. As regards the dates of submission, it is suggested that the power of the Commission to determine the date by which a given information should by furnished must be interpreted in connexion with the fact that it is also authorized to decide on the "manner" in which the information should be supplied. It may therefore not only determine by which date information should be dispatched, but also that it be sent early enough so as to reach the Secretary-General by a given date. The Commission has thus requested Governments to send to the Secretary-General their annual reports so as to reach the Secretary-General not later than 30 June of the year following the year to which the reports relate. 2

4. It is also suggested that the authority of the Commission to set the date by which information must be supplied also includes its power to determine the approximate time by which this should be done. It seems that in exercise of this power the Commission requires that the reports of each case of illicit traffic which "may be of importance" pursuant to article 18, paragraph 1, subparagraph (c) 3 should be made "as soon as possible". 4

5. As regards forms to be used, under the earlier narcotics treaties the Commission was expressly authorized to prepare the form in accordance with which Governments must furnish their annual reports on the working of the 1931 Convention a and of the 1953 Protocol; 6 but even prior to the coming into force of the Single Convention, the Commission, like its predecessor the League of Nations Advisory Committee on the Traffic of Opium and Other Dangerous Drugs, repeatedly prepared forms or questionnaires for use by Governments in furnishing other kinds of information. Paragraph 2 of article 18 expressly empowers the Commission to require Governments to use such forms as it may request, not only for their annual reports, but for any kind of information which it is entitled to obtain from them under this article.

1 See also above, comments on article 18, para. 1, introductory part.

2 See "Note by the Secretary-General" on the first page of document E/NR. FORM/Rev.2.

3 See above, comments on that subparagraph; see also the first paragraph of article 23 of the 1931 Convention.

4 Para. 2 of the notes at the end of annex I of United Nations document E/NR. FORM/Rev.2.

5 Article 21.

6 Article 10, para. 1, subpara. (c); the 1936 Convention does not expressly provide for the use of forms for the annual reports that it requires under its article 16.

7 The forms whose use the Commission requires at the time of this writing are the form for annual reports on the working of the 1931 and 1936 Conventions, of the 1953 Protocol and of the Single Convention, contained in document E/NR.FORM/
Rev.2 the form for reports on individual illicit narcotics transactions or seizures, Ibid., annex I and the "questionnaire" on the manufacture of narcotic drugs, Ibid., annex 1I.