Ad Hoc Consultation: Wednesday 31st January, Afternoon session

31 Jan 2024 21:00h - 23:59h

Table of contents

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Full session report

Progress and debates on cybercrime convention draft during afternoon session

During the afternoon session chaired by the Chair, discussions continued on the draft text of the convention, focusing on the chapters concerning preventive measures and technical assistance. The Chair summarised the progress made in the morning session, highlighting the articles and paragraphs agreed upon at the referendum. The Chair expressed gratitude for the cooperative atmosphere and personal acknowledgments received during the lunch break.

The floor was opened for discussion on Article 55, which pertains to the exchange of information and expertise. Egypt raised concerns about the use of the term “stakeholders” and proposed changing the title of the article to “exchange of expertise” rather than “exchange of information.” The United States and the European Union supported the text as drafted, emphasizing the importance of stakeholders’ role in analyzing trends. Argentina and Yemen also made interventions, with Yemen suggesting the term “relevant bodies” instead of “stakeholders.”

The Chair proposed keeping certain paragraphs open for further discussion due to the inclusion of the phrase “offences covered by this convention.” The Chair also suggested agreeing on paragraphs that had not received comments at the referendum.

Regarding Article 57 on the Mechanism of Implementation, Canada proposed adding a reference to the modalities agreed upon in UN General Assembly Resolution 75/282. The European Union supported this addition and proposed including the principle of multilingualism. Egypt suggested deleting the last sentence of paragraph 3, which was not included in UNCAC or UNTOC, and made proposals regarding the use of the term “relevant stakeholders.”

Article 58, concerning the Secretariat, sparked debate over whether to retain the reference to UNODC or replace it with the Secretary-General of the United Nations, as in UNCAC and UNTOC. The United States and Canada supported the text as drafted, while the Russian Federation and Iran proposed the change. Brazil offered a compromise, suggesting language that includes both the UN Secretary-General and the UNODC.

In the final provisions chapter, Article 60’s Paragraph 1 was discussed, with the European Union proposing the deletion of the second sentence to avoid issues with other instruments addressing cybercrime. Brazil supported this deletion, while El Salvador advocated for retaining the paragraph for clarity on the hierarchy of the convention with other treaties.

Article 62’s Paragraph 2 was also debated, with Egypt proposing to replace “peaceful” with “amicable” and Mauritania questioning the term “reasonable time.” The United States supported the text as is, citing consistency with UNCAC and UNTOC.

Mexico proposed increasing the threshold for the convention’s entry into force to the 60th ratification, citing the need for broad support and the importance of harmonizing national legislation. The Russian Federation suggested decreasing the number to the 30th ratification for a swift entry into force. Several delegations expressed support for either proposal, while others advocated for maintaining the original draft text’s threshold of the 40th ratification.

The Chair encouraged member states to consult with legal experts on the disputed articles and announced informal informals on articles 13 to 15 scheduled for the following morning. The meeting was then adjourned.

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Albania

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Brazil

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Chair

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China

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Colombia

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Costa Rica

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Ecuador

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Egypt

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El Salvador

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European Union

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Indonesia

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Islamic Republic Iran

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Israel

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Japan

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Liechtenstein

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Mali

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Mauritania

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Mexico

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New Zealand

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Norway

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Pakistan

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Panama

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Qatar

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Russian Federation

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Secretariat

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