A/AC.291/L.15
(f) “Subscriber information” shall mean any information that is held by a
service provider, relating to subscribers of its services other than traffic or content
data and by which can be established:
(i) The type of communications service used, the technical provisions related
thereto and the period of service;
(ii) The subscriber’s identity, postal or geographical address, telephone or
other access number, billing or payment information, available on the basis of
the service agreement or arrangement;
(iii) Any other information on the site of the installation of communications
equipment, available on the basis of the service agreement or arrangement;
[agreed ad referendum]
(g) “Personal data” shall mean any information relating to an identified or
identifiable natural person; [agreed ad referendum]
(h) “Serious crime” shall mean conduct constituting an offence punishable by
a maximum deprivation of liberty of at least four years or a more serious penalty;
(i) “Property” shall mean assets of every kind, whether corporeal or
incorporeal, movable or immovable, tangible or intangible, including virtual assets,
and legal documents or instruments evidencing title to, or interest in, such assets;
[agreed ad referendum]
(j) “Proceeds of crime” shall mean any property derived from or obtained,
directly or indirectly, through the commission of an offence; [ agreed ad referendum]
(k) “Freezing” or “seizure” shall mean temporarily prohibiting the transfer,
conversion, disposition or movement of property or temporarily assuming custody or
control of property on the basis of an order issued by a court or other competent
authority; [agreed ad referendum]
(l) “Confiscation”, which includes forfeiture where applicable, shall mean the
permanent deprivation of property by order of a court or other competent authority;
[agreed ad referendum]
(m) “Predicate offence” shall mean any offence as a result of which
proceeds have been generated that may become the subject of an offence as defined
in article 17 of this Convention; [agreed ad referendum]
(n) “Regional economic integration organization” shall mean an organization
constituted by sovereign States of a given region to which its member States have
transferred competence in respect of matters governed by this Convention and which
has been duly authorized, in accordance with its internal procedures, to sign, ratify,
accept, approve or accede to it; references to “States Parties” under this Convention
shall apply to such organizations within the limits of their competence;
(o) “Emergency” shall mean a situation in which there is a significant and
imminent risk to the life or safety of any natural person.
Article 3. Scope of application
This Convention shall apply, except as otherwise stated herein, to:
(a) The prevention, investigation and prosecution of the criminal offences
established in accordance with this Convention, including the freezing, seizure,
confiscation and return of the proceeds from such offences;
(b) The collecting, obtaining, preserving and sharing of evidence in electronic
form for the purpose of criminal investigations or proceedings, as provided for in
articles 23 and 35 of this Convention.
4/41
V.24-14137