cybercrime regime without adequate anti-cybercrime legislation and the capacity to support it, the Group agreed to examine the mandates and activities of organisations working in this field. The object of Part 2 is to assist Commonwealth countries to develop the most effective means of international co-operation and enforcement, an object which can only be achieved by helping them to identify the organisations and tools best suited to improving their legislation and capacity building, including through technical assistance to developing countries. Without, therefore, detracting from the terms of its mandate and its task, the Group has added, as ancillary, to the scope of its work on Part 2 an examination of the capacity-building efforts of organisations and initiatives working in this field together with the minimum standards required at national level on which member countries require assistance. 17. The Group agreed that the best means of international co-operation and enforcement is an effective national criminal justice regime against cybercrime, including appropriate preventive, investigative and prosecutorial capacity, as well as the practical skills needed to manage complex and transnational investigations. The Group recognised the importance of co-operation with the private sector and civil society in this context. 18. International co-operation can be based on a wide range of scenarios depending on the countries and facts in each case. Possibilities range from informal and ad hoc cooperation on a case-by-case basis to the use of multilateral, bilateral or regional legal instruments. The Group was mindful of the larger debate about the merits and demerits of a global legal instrument, but did not believe that this debate should be an obstacle to progress at a more practical level. That said, based on its content and accessibility, the criteria set out in paragraph 2.10 of this report, the Budapest Convention appeared to the Group to be currently the most effective and viable model for Commonwealth member states4. The Report also notes the availability of other international legal instruments. The Commonwealth Model Law follows the Budapest Convention and the Group encourages the use of the Commonwealth Model Law and the Harare Scheme in the drafting of their legislation as part of the base level which all Commonwealth countries should achieve. 19. A Council of Europe report on the results of its survey on the ‘Implementation of the Budapest Convention and the Commonwealth Model Law on Computer and ComputerRelated Crime’ which was submitted as a contribution to the work of the Group indicates that four Commonwealth countries are Parties to the Convention, two others have signed the Convention and one has been invited to accede; that 22 other Commonwealth countries made use of the Budapest Convention or the Commonwealth Model Law and/or expressed an interest in becoming a Party; and that, on a preliminary analysis of the available information, 16 Commonwealth countries in addition to those that are Parties have legislation that is largely consistent with the standards of the Budapest Convention. These countries could submit a request for accession. Such decisions and the completion of the ratification process by Canada and South Africa could increase the number of the Commonwealth countries using the Convention as a framework for international cooperation to 22 and the total number of Parties to 57. The Council of Europe has engaged in co-operation activities with 39 out of 54 Commonwealth countries. 20. The Group was kept informed about discussions by the UN open-ended intergovernmental expert group on cybercrime convened pursuant to General Assembly Resolution 65/230, which are on-going. That process has not yet reached any substantive 4 In view of the continuing work of the open-ended expert group on cybercrime established by the General Assembly, UNODC cannot endorse this statement. 5

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