Article 7

NEW ARTICLE 14 BIS

Introductory paragraph of article 7 of the 1972 Protocol and article 14 bis of the amended Single Convention

The following new article shall be inserted after article 14 of the Single Convention:

"Article 14 bis "Technical and Financial Assistance

"In cases which it considers appropriate and either in addition or as an alternative to measures set forth in article 14, paragraphs 1 and 2, the Board, with the agreement of the Government concerned, may recommend to the competent United Nations organs and to the specialized agencies that technical or financial assistance, or both, be provided to the Government in support of its efforts to carry out its obligations under this Convention, including those set out or referred to in articles 2, 35, 38 and 38 bis."

Commentary

1.   Article 14 bis is a new article introduced by the 1972 Protocol; but it is not new in substance, since it does not confer powers on the Board which it did not have under the unamended Single Convention. 1 The Board's powers under the unamended provisions of article 14, paragraphs 1 and 2 are all discretionary, and the Board is not precluded, with the agreement of the Government concerned, from adding to or substituting for actions under those provisions, recommendations of the kind with which the new article 14 bis deals.

2. The article under consideration explicitly authorizes the Board to address its recommendations "to the competent United Nations organs and to the specialized agencies". The Board is however not precluded from recommending to intergovernmental organizations, not forming part of the United Nations system, that they render assistance within their special competences.

3. The Board may recommend not only assistance for the purpose of improving the implementation of the Single Convention, but more generally also for the purpose of advancing the aims of the Single Convention. It will be recalled that the Board may, under the amended paragraph 1 of article 14, deal with difficult drug situations not due to a `failure of the Government concerned to carry out the provisions of the Single Convention.2 The Board may in such cases find it advisable to recommend assistance in the implementation of measures not required by provisions of that treaty.

4.   Assistance may in particular also be needed in the implementation of article 17, which requires Parties to establish and. maintain a special administration for the purpose of applying the Single Convention, and more generally in the execution of article 4, introductory paragraph, which requires Parties to take the legislative and administrative measures necessary for giving effect to that treaty.

5. With the consent of the Government concerned the Board may indicate in its recommendation the details of the assistance which it considers desirable.

1 1972 Records, vol. 11, paras. 7 and 16 of the summary records of Committee 11 (pp. 189-190).

2 See the above comments on article 14, para. 1, subpara. (a) and subpara. (d).