Protocol amending the Single Convention on Narcotic Drugs, 1961

Concluded at Geneva on 25 March 1972

ENTRY INTO FORCE: 8 August 1975, in accordance with article 18.

REGISTRATION: 8 August 1975, No. 14151.

TEXT: United Nations, Treaty Series, vol. 976, p. 3.

STATUS: Signatories: 55. Parties: 107.

Note: The Protocol was adopted on 24 March 1972 by the United Nations Conference to consider amendments to the Single Convention on Narcotic Drugs, 1961, held at Geneva from 6 to 25 March 1972. The Conference was convened by the Secretary-General of the United Nations pursuant to resolution 1577 (L)1 of 20 May 1971 of the United Nations Economic and Social Council.

Participant2

Signature

Ratification, accession (a), succession (d)

Antigua and Barbuda 5 Apr 1993 a

Argentina 25 Mar 1972 16 Nov 1973

Australia 22 Nov 1972 22 Nov 1972

Austria 1 Feb 1978 a

Bahamas 23 Nov 1976 a

Bangladesh 9 May 1980 a

Barbados 21 Jun 1976 a

Belgium 25 Mar 1972 13 Jun 1984

Benin 6 Nov 1973 a

Botswana 27 Dec 1984 a

Brazil 25 Mar 1972 16 May 1973

Brunei Darussalam 25 Nov 1987 a

Bulgaria 18 Jul 1996 a

Cambodia 25 Mar 1972

Cameroon 30 May 1974 a

Canada 5 Aug 1976 a

Chile 25 Mar 1972 19 Dec 1975

Colombia 3 Mar 1975 a

Costa Rica 25 Mar 1972 14 Feb 1973

Côte d'Ivoire 25 Mar 1972 28 Feb 1973

Croatia 26 Jul 1993 d

Cuba 14 Dec 1989 a

Cyprus 25 Mar 1972 30 Nov 1973

Czech Republic3 30 Dec 1993 d

Democratic Republic
of the Congo 15 Jul 1976 a

Denmark 25 Mar 1972 18 Apr 1975

Dominica 24 Sep 1993 a

Dominican Republic 21 Sep 1993 a

Ecuador 25 Mar 1972 25 Jul 1973

Egypt 25 Mar 1972 14 Jan 1974

Ethiopia 11 Oct 1994 a

Fiji 21 Nov 1973 a

Finland 16 May 1972 12 Jan 1973

France4 25 Mar 1972 4 Sep 1975

Gabon 25 Mar 1972

Germany5, 6 25 Mar 1972 20 Feb 1975

Ghana 25 Mar 1972

Greece 25 Mar 1972 12 Jul 1985

Guatemala 25 Mar 1972 9 Dec 1975

Guinea-Bissau 27 Oct 1995 a

Haiti 25 Mar 1972 29 Jan 1973

Holy See 25 Mar 1972 7 Jan 1976

Honduras 8 Aug 1979 a

Hungary 12 Nov 1987 a

Iceland 18 Dec 1974 a

India 14 Dec 1978 a

Indonesia 25 Mar 1972 3 Sep 1976

Iran (Islamic
Republic of) 25 Mar 1972

Iraq 25 Sep 1978 a

Ireland 16 Dec 1980 a

Israel 27 Mar 1972 1 Feb 1974

Italy 25 Mar 1972 14 Apr 1975

Jamaica 6 Oct 1989 a

Japan 15 Dec 1972 27 Sep 1973

Jordan 25 Mar 1972 28 Feb 1973

Kazakhstan 29 Apr 1997 a

Kenya 9 Feb 1973 a

Kuwait 7 Nov 1973 a

Latvia 16 Jul 1993 a

Lebanon 25 Mar 1972 5 Mar 1997

Lesotho 4 Nov 1974 a

Liberia 25 Mar 1972

Libyan Arab
Jamahiriya 27 Sep 1978 a

Liechtenstein 25 Mar 1972

Luxembourg 25 Mar 1972 13 Oct 1976

Madagascar 25 Mar 1972 20 Jun 1974

Malawi 4 Oct 1973 a

Malaysia 20 Apr 1978 a

Mali 31 Oct 1995 a

Mauritius 12 Dec 1994 a

Mexico 27 Apr 1977 a

Monaco 25 Mar 1972 30 Dec 1975

Mongolia 6 May 1991 a

Morocco 28 Dec 1972

Netherlands7 29 May 1987 a

New Zealand8 15 Dec 1972 7 Jun 1990

Nicaragua 25 Mar 1972

Niger 28 Nov 1972 28 Dec 1973

Norway 25 Mar 1972 12 Nov 1973

Pakistan 29 Dec 1972

Panama 18 May 1972 19 Oct 1972

Papua New Guinea 28 Oct 1980 a

Paraguay9 18 Oct 1972 20 Jun 1973

Peru 25 Mar 1972 12 Sep 1977

Philippines 25 Mar 1972 7 Jun 1974

Poland 9 Jun 1993 a

Portugal 20 Apr 1979 a

Republic of Korea 29 Dec 1972 25 Jan 1973

Republic of Moldova 15 Feb 1995 a

Romania 14 Jan 1974 a

Russian Federation 3 Jun 1996 a

Saint Kitts and Nevis 9 May 1994 a

Senegal 16 Aug 1972 25 Mar 1974

Seychelles 27 Feb 1992 a

Singapore 9 Jul 1975 a

Slovakia3 28 May 1993 d

South Africa 25 Mar 1972 16 Dec 1975

Spain 25 Mar 1972 4 Jan 1977

Sri Lanka 29 Jun 1981 a

Sudan 5 Jul 1994 a

Suriname 29 Mar 1990 a

Sweden 25 Mar 1972 5 Dec 1972

Switzerland 22 Apr 1996 a

Syrian Arab
Republic 1 Feb 1974 a

Thailand 9 Jan 1975 a

the former Yugoslav
Republic of Macedonia 13 Oct 1993 a

Togo 25 Mar 1972 10 Nov 1976

Tonga 5 Sep 1973 a

Trinidad and Tobago 23 Jul 1979 a

Tunisia 22 Dec 1972 29 Jun 1976

Turkey 25 Mar 1972

Uganda 15 Apr 1988 a

United Kingdom 25 Mar 1972 20 Jun 1978

United States
of America 25 Mar 1972 1 Nov 1972

Uruguay 31 Oct 1975 a

Venezuela 25 Mar 1972 4 Dec 1985

Yugoslavia 25 Mar 1972 23 Jun 1978

Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)

belgium

With a reservation concerning the following articles:

1. Article 5 amending article 12 (5) of the Single Convention;

2. Article 9 amending article 29 (1), (2) and (5) of the Single Convention.

brazil

"Brazil wishes to take this opportunity to repeat the declaration that was made at the appropriate occasion during the plenary session of the Protocol's Negotiating Conference which took place in Geneva from March 6th to March 24th, 1972, to the effect that the amendments to article 36 of the Convention do not oblige States with laws against extradition of nationals to extradite them."

"Under the terms of article 21 of the Protocol, Brazil wishes to make it clear that it does not accept the amendment introduced by article 1 of the Protocol to article 2, para. 4, of the 1961 Single Convention on Narcotic Drugs."

canada

"Subject to a reservation with respect to subparagraphs (i), (ii) and (iii) of paragraph 2 (b) of the amending article 14."

cuba

The accession of the Republic of Cuba to the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961, shall not be interpreted as recognition of acceptance on the part of the Government of the Republic of Cuba to the racist Government of South Africa, which does not represent the South African people and which, because of its systematic practice of the discriminatory policy of apartheid, has been expelled from international agencies, condemned by the United Nations and rejected by all the peoples of the world.

The accession of the Republic of Cuba to the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961, shall not be interpreted as recognition or acceptance on the part of the Government of the Republic of Cuba of the Government of the Republic of Korea, because Cuba considers that it does not genuinely represent the interests of the Korean people

The Government of the Republic of Cuba declares with respect to the provisions contained in article 14, paragraph (2) (b) (ii), that in accordance with its legal system, and its national laws and practice, it makes extradition conditional only on the existence of bilateral treaties.

EGYPT10

greece

"With a reservation to article 1 (4) amending the article 2 of the Single Convention."

india11

"The Government of India reserve their position with regard to articles 5, 6, 9, 11 and 14 of the aforesaid Protocol and do not consider themselves bound by the provisions of these articles."

iraq12

This accession shall, however, in no way signify recognition of Israel or entry into any relations therewith.

israel

Upon signature:

". . . The Government of Israel will not proceed to the ratification of the Protocol until it has received assurances that all the neighbouring States who intend to become parties to it will do so without reservation or declaration, and that the so-called reservation or declaration referring to Israel and made by one of Israel's neighbours in connection with its participation in the1961 Single Convention, and which was quoted at the meeting of the Second Committee on 18 March 1972, is withdrawn."

Upon ratification:

". . . The Government of the State of Israel, in accordance with the powers vested in it by the law, decided to ratify the Protocol while maintaining all its rights to adopt toward all other parties an attitude of complete reciprocity."

kuwait12

The Government of the State of Kuwait takes the view that its accession to the said Protocol does not in any way imply its recognition of Israel, nor does it oblige it to apply the provisions of the aforementioned Protocol in respect of the said country.

mexico

In accordance with the provisions of article 21 `Reservations' of the Protocol amending the Single Convention on Narcotic Drugs, 1961, adopted in Geneva on 25 March 1972, the Government of Mexico, in acceding to that international instrument, makes an explicit reservation in respect of the application of articles 5 (amendment to article 12, paragraph 5, of the Single Convention); 6 (amendment to article 14, paragraphs 1 and 2, of the Single Convention); and 11 (new article 21 bis, Limitation of Production of Opium). Accordingly, as regards the articles in respect of which this reservation is made, Mexico will be bound by the corresponding texts of the Single Convention on Narcotic Drugs, 1961, in their original form.

panama

Reservation:

"With a reservation regarding article 36, paragraph 2 that appears on document of May 3, 1972 signed by the Minister of Foreign Affairs of Panama."

[The reservation reads as follows:

With the express reservation that the amendment which article 14 of the Protocol makes to article 36, paragraph 2, of the Single Convention on Narcotic Drugs, 1961 (a) does not modify the extradition treaties to which the Republic of Panama is a party in any manner which may compel it to extradite its own nationals; (b) does not require the Republic of Panama to include, in such extradition treaties as it may conclude in the future, any provision requiring it to extradite its own nationals; and (c) may not be interpreted or applied in any manner which gives rise to an obligation on the part of the Republic of Panama to extradite any of its own nationals.]

peru

[The Government of Peru] entertains reservations concerning the last part of the second paragraph of article 5 of the Protocol, amending article 12, paragraph 5, of the 1961 Single Convention on Narcotic Drugs, as it considers that the powers conferred therein on the International Narcotics Control Board (INCB) are incompatible with its role as a co-ordinating body for national control systems and give it supranational supervisory functions.

romania

Reservation:

The Socialist Republic of Romania does not consider itself bound by the provisions contained in article 6, insofar as those provisions relate to States which are not parties to the Single Convention.

Declaration:

The Council of State of the Socialist Republic of Romania considers that the provisions of article 17 of the Protocol are not in accordance with the principle that international multilateral treaties, the aims and objectives of which concern the world community as a whole, should be open to participation by all States.

Yugoslavia

With the reservations that articles 9 and 11 of the Protocol shall not apply in the territory of the Socialist Federal Republic of Yugoslavia.

Territorial Application

Participant

Date of receipt of the notification

Territories

United Kingdom13, 14

20 Jun 1978

Bailiwick of Guernsey, the Bailiwick of Jersey, the Isle of Man, the Associated States (Antigua, Dominica, Saint Kitts-Nevis-Anguilla, Saint Lucia, Saint Vincent), Belize, Bermuda, British Virgin Islands, Brunei, Cayman Islands, Falkland Islands and Dependencies, Gibraltar, Gilbert Islands, Hong Kong, Montserrat, Saint Helena and Dependencies, Solomon Islands, Turks and Caicos Islands and Tuvalu

Notes:

1 Official Records of the Economic and Social Council, Fiftieth Session, Supplement No. 1 (E/5044), p. 8.

2 The Protocol had been signed on behalf of the Republic of Viet-Nam on 25 March 1972. See also note in chapter I.2 and note in chapter III.6.

3 Czechoslovakia had acceeded to the Protocol on 4 June 1991. See also note in chapter I.2.

4 With a declaration that the provisions of the Protocol shall apply to the entire territory of the French Republic (European and overseas departments and overseas territories).

5 The German Democratic Republic had acceded to the Protocol on 4 October 1988. See also note in chapter I.2.

6 With a declaration that the said Protocol shall also apply to Berlin (West) with effect from the date on which it enters into force for the Federal Republic of Germany.

In this regard, the Secretary-General received on 9 June 1975 a communication from the Government of the Union of Soviet Socialist Republics stating in part: the Soviet Union can take note of the declaration by the Government of the Federal Republic of Germany concerning the extension to Berlin (West) of the sphere of application of the Protocol amending the Single Convention on Narcotic Drugs, 1961, signed in Geneva on 25 March 1972 only on the understanding that this extension is carried out in conformity with the Quadripartite Agreement of 3 September 1971, that the established procedures are respected, and that in the application of the provisions of the Protocol questions concerning status will not be raised. See also note 5 above.

7 For the Kingdom in Europe, the Netherlands Antilles and Aruba.

8 Applicable to Niue and Tokelau.

9 Upon signature on behalf of the Government of Paraguay was affixed "Ad Referendum" in accordance with the instructions contained in the full powers. In a communication received by the Secretary-General on 18 October 1972, the Permanent Representative of Paraguay to the United Nations confirmed that the words "Ad Referendum" which preceded his signature should be considered to mean that the Protocol concerned is subject to ratification by the Republic of Paraguay, in accordance with the procedure established by the National Constitution, and to deposit of the instrument of ratification, as provided in the Protocol.

10 In a notification received on 18 January 1980, the Government of Egypt informed the Secretary-General that it had decided to withdraw the reservation relating to Israel. For the text of the reservation, see United Nations, Treaty Series, vol. 976, p. 101. The notification indicates 25 January 1980 as the effective date of the withdrawal.

11 In a note received by the Secretary-General on 14 December 1978, the Government of India clarified that the reservation made with regard to article 14 of the Protocol relates only to paragraph 2 (b) of article 36 of the Single Convention on Narcotic Drugs, 1961.

12 In a communication received by the Secretary-General on 26 December 1973, the Acting Permanent Representative of Israel to the United Nations made the following statement:

"The instrument of acceptance by the Government of Kuwait of the Protocol contains a statement of a political character in respect to Israel. In the view of the Government of Israel, this is not the proper place for making such political pronouncements, which are, moreover, in flagrant contradiction to the principles, objects and purposes of the Protocol. That statement, therefore, possesses no legal validity whatsoever.

"The Government of Israel utterly rejects that statement and will proceed on the assumption that it has no validity as to the rights and duties of any State Party to the said treaties.

"The declaration of the Government of Kuwait cannot in any way affect Kuwait's obligations under whatever other obligations are binding upon that State by virtue of general international law.

"The Government of Israel, will, in so far as concerns the substance of the matter, adopt toward the Government of Kuwait an attitude of complete reciprocity."

A communication, identical in essence, mutatis mutandis, was received by the Secretary-General from the Government of Israel on 11 May 1979 in respect of the declaration made upon accession by Iraq.

13 On 3 October 1983 the Secretary-General received from the Government of Argentina the following objection:

[The Government of Argentina makes a] formal objection to the declaration of territorial extension issued by the United Kingdom with regard to the Malvinas Islands (and dependencies), which that country is illegally occupying and refers to as the "Falkland Islands".

The Argentine Republic rejects and considers null and void the [said declaration] of territorial extension.

14 On 10 June 1997, the Government the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General of the following:

[Same notification as the one made under note in chapter IV.1.]