League of Arab States

General Secretariat

Arab Convention on
Combating Information
Technology Offences
 League of Arab States
General Secretariat

Arab Convention on Combating Information

Technology Offences
_____________

Preamble:

The Arab States signatory hereto,

Desiring to enhance cooperation between themselves to combat

information technology offences threatening their security, interests
and the safety of their communities,
Convinced of the need to adopt a common criminal policy aimed
at protecting the Arab society against information technology offences,
Taking into account the high religious and moral principles,
especially the ordinances of Islamic Law (Shari’a), as well as the
human heritage of the Arab Nation which rejects all forms of crimes,
and having regard to public order in every State,
Adhering to the relevant Arab and international treaties and
charters on human rights, and guaranteeing, respecting and protecting
them,

Have agreed as follows:

Chapter I

General Provisions

Article 1: Purpose of the Convention:

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 The purpose of this convention is to enhance and strengthen
cooperation between the Arab States in the area of combating
information technology offences to ward off the threats of such crimes
in order to protect the security and interests of the Arab States and the
safety of their communities and individuals.

Article 2: Terminology:

For the purpose of this Convention, the following terms shall be

ascribed the definition opposite to each of them:
1- Information technology: any material or virtual means
or group of interconnected means used to store, sort,
arrange, retrieve, process, develop and exchange
information according to commands and instructions
stored therein. This includes all associated inputs and
outputs, by means of wires or wirelessly, in a system or
network.
2- Service provider: any natural or juridical person,
common or private, who provides subscribers with the
services needed to communicate through information
technology, or who processes or stores information on
behalf of the communication service or its users.
3- Data: All that may be stored, processed, generated and
transferred by means of information technology, such as
numbers, letters, symbols, etc…
4- Information programme: A set of instruction or
commands which can be executed by means of
information technology and intended to achieve a given
task.
5- Information system: A set of programmes and tools
intended to process and manage data and information.
6- Information network: The interconnection between
more than one information system to obtain and
exchange information.
7- Site: A location where information is made available on
the information network through a specific address.
8- Capture: To view or obtain data or information.

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 9- Subscriber’s information: Any information that the
service provider has concerning the subscribers to the
service, except for information through which the
following can be known:
a- the type of communication service used, the
technical requirements and the period of service.
b- the identity of the subscriber, his postal or
geographic address or phone number and the
payment information available by virtue of the
service agreement or arrangement.
c- any other information on the installation site of
the communication equipment by virtue of the
service agreement.

Article 3: Areas of Application of the Convention

Unless otherwise indicated, this convention shall apply to

information technology offences with the aim of preventing,
investigating and prosecuting them, in the following cases:
1- when committed in more than one State.
2- when committed in a State and prepared, planned, directed
or supervised in another State or other States.
3- when committed in a State with the involvement of an
organized crime group exercising its activities in more than
one State.
4- when committed in a State and had severe consequences in
another State or other States.

Article 4: Safeguarding Sovereignty

1- Every State Party shall commit itself, subject to its own statutes
or constitutional principles, to the discharge of its obligations
stemming from the application of this convention in a manner
consistent with the two principles of equality of the regional
sovereignty of States and the non interference in the internal
affairs of other States.

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 2- Nothing in this convention shall allow a State Party to exercise in
the territory of another State the jurisdiction or functions the
exercising of which is the exclusively right of the authorities of
that other State by virtue of its domestic law.

Article 5: Criminalization

Every State Party shall commit itself to the criminalization of acts

set forth in this chapter, according to its legislations and statutes.

Article 6: Offense of Illicit Access

1- Illicit access to, presence in or contact with part or all of the

information technology, or the perpetuation thereof.
2- The punishment shall be increased if this access, presence,
contact or perpetuation leads to:
a- the obliteration, modification, distortion, duplication,
removal or destruction of saved data, electronic instruments and
systems and communication networks, and damages to the users and
beneficiaries.
b- the acquirement of secret government information.

Article 7: Offence of Illicit Interception

The deliberate unlawful interception of the movement of data by

any technical means, and the disruption of transmission or reception of
information technology data.

Article 8: Offence Against the Integrity of Data

1- Deliberate unlawful destruction, obliteration, obstruction,

modification or concealment of information technology
data.
2- The Party may require that, in order to criminalize acts
mentioned in paragraph 1, they must cause severe damage.

Article 9: Offence of Misuse of Information Technology Means

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 1- The production, sale, purchase, import, distribution or
provision of:
a- any tools or programmes designed or adapted for the
purpose of committing the offences indicated in Articles
6 to 8.
b- the information system password, access code or similar
information that allows access to the information system
with the aim of using it for any of the offences indicated
in Articles 6 to 8.
2- The acquisition of any tools or programmes mentioned in the
two paragraphs above with the aim of using them to commit
any of the offences indicated in Articles 6 to 8

Article 10: Offence of Forgery

The use of information technology means to alter the truth of data

in a manner that causes harm, with the intent of using them as true data.

Article 11: Offence of Fraud

Intentionally and unlawfully causing harm to beneficiaries and

users with the aim of committing fraud to illicitly realize interests and
benefits to the perpetrator or a third party, through:
1- entering, modifying, obliterating or concealing information
and data.
2- interfering with the functioning of the operating systems
and communication systems, or attempting to disrupt or
change them.
3- disrupting electronic instruments, programmes and sites.

Article 12: Offence of Pornography

1- The production, display, distribution, provision, publication,

purchase, sale, import of pornographic material or material
that constitutes outrage of modesty through information
technology.

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 2- The punishment shall be increased for offences related to
children and minors pornography.
3- The increase mentioned in paragraph 2 of this Article covers
the acquisition of children and minors pornographic material
or children and minors material that constitutes outrage of
modesty, through information technology or a storage medium
for such technology.

Article 13: Other Offences Related to Pornography

Gambling and sexual exploitation.

Article 14: Offence Against Privacy

Offence against privacy by means of information technology.

Article 15: Offences Related to Terrorism Committed by means of

information technology

1- Dissemination and advocacy of the ideas and principles of

terrorist groups.
2- Financing of and training for terrorist operations, and
facilitating communication between terrorist organizations.
3- Dissemination of methods to make explosives, especially
for use in terrorist operations.
4- Spreading religious fanaticism and dissention and attacking
religions and beliefs.

Article 16: Offences related to organized crime committed by

means of information technology

1- Undertake money-laundering operations, request

assistance or disseminate money-laundering methods.
2- Advocate the use of and traffic in drugs and
Psychotropic Substances.
3- Traffic in persons.
4- Traffic in human organs

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 5- Illicit traffic in arms.

Article 17: Offenses Related to Copyright and Adjacent Rights

Violation of copyright as defined according to the law of the

State Party, if the act is committed deliberately and for no personal use,
and violation of rights adjacent to the relevant copyright as defined
according to the law of the State Party, if the act is committed
deliberately and for no personal use.

Article 18: Illicit Use of Electronic Payment Tools

1- Any person who forges, manufactures or sets up any

instrument or materials that assist in the forgery or
imitation of any electronic payment tool by whatever
means.
2- Any person who takes possession of the data of an
electronic payment tool and uses it, gives it to a third party
or facilitates its acquisition by a third party.
3- Any person who uses the information network or an
information technology means to unlawfully access the
numbers or data of a payment tool.
4- Any person who knowingly accepts a forged payment tool.

Article 19: Attempt at and Participation in the Commission of

Offences

1- Participation in the commission of any of the offences set

forth in this chapter with the intention to commit the
offence in the law of the State Party.
2- Attempt at the commission the offences set forth in Chapter
II of this convention.
3- A State Party may reserve the right to not implement the
second paragraph of this Article totally or partly.

Article 20: Criminal Responsibility of Natural or Juridical Persons

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 Every State Party shall commit itself, taking into account its
domestic law, to arrange for the penal responsibility of juridical persons
for the offences committed by their representatives on their behalf or in
their interest, without prejudice to imposing a punishment on the
person who committed the offence personally.

Article 21: Increasing Punishment for Traditional Crimes

Committed by Means of Information Technology

Every State Party shall commit itself to increasing the

punishment for traditional crimes when they are committed by means
of information technology

Chapter III

Procedural Provisions

Article 22: Scope of Application of the Procedural Provisions

1- Every State Party shall commit itself to adopting, in its

domestic law, the legislations and procedures necessary to
specify the powers and procedures set forth in Chapter III
of this convention.
2- Taking into account the provisions of Article 29, every
State Party shall apply the powers and procedures
mentioned in paragraph 1 to:
a- offences mentioned in Articles 6 to 19 of this
Convention.
b- any other offences committed by means of information
technology.
c- collecting evidence on offences in electronic format.
3- a- A State Party may reserve the right to apply the
procedures mentioned in Article 29 only to the offences or
types of offences covered by the reservation, provided that
the number of these offences shall not exceed the number
of offences to which the procedures mentioned in Article

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 30 apply. Every State Party shall bear in mind the
restrictiveness of the reservation in order to allow for the
wide application of the procedures mentioned in Article 29.
b- A State Party may also reserve the right not to apply
those procedures if, due to limited legislations, it is unable
to apply them to communication transmitted by means of
information technology by a service provider, provided the
technology:
● is operated on behalf of a closed group of users.
● does not use a public communication network
and is not connected to another public or
private information technology.
Every State Party shall bear in mind the restrictiveness of the
reservation in order to allow for the wide application of the procedures
mentioned in Articles 29 and 30.

Article 23: Expeditious Custody of Data Stored in Information

Technology

1- Every State Party shall adopt the procedures necessary to

enable the competent authorities to issue orders or obtain the
expeditious custody of information, including information for
tracking users, that was stored on an information technology,
especially if it is believed that such information could be lost
or amended.
2- Every State Party shall commit itself to adopting the
procedures necessary as regards paragraph 1, by means of
issuing an order to a person to preserve the information
technology information in his possession or under his control,
in order to require him to preserve and maintain the integrity
of such information for a maximum period of 90 days that
may be renewed, in order to allow the competent authorities to
search and investigate.
3- Every State Party shall commit itself to adopting the
procedures necessary to require the person responsible for
safeguarding the information technology to maintain the

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 procedures secrecy throughout the legal period stated in the
domestic law.

Article 24: Expeditious Custody and Partial Disclosure of Users

Tracking Information

Every State Party shall commit itself to adopting the procedures

necessary as regards users tracking information in order to:
1- ensure expeditious custody of users tracking information,
regardless of whether such communication is transmitted
by one or more service providers.
2- ensure that a sufficient amount of users tracking
information is disclosed to the competent authorities of the
State Party or to a person appointed by these authorities to
allow the State Party to determine the service providers and
the transmission path of the communications.

Article 25: Order to Submit Information

Every State Party shall commit itself to adopting the procedures

necessary to enable the competent authorities to issue orders to:
1- Any person in its territory to submit certain information in
his possession which is stored on information technology or
a medium for storing information.
2- Any service provider offering his services in the territory of
the State Party to submit user’s information related to that
service which is in the possession of the service provider or
under his control.

Article 26: Inspecting Stored Information

1- Every State Party shall commit itself to adopting the

procedures necessary to enable its competent
authorities to inspect or access:
a- an information technology or part thereof and the
information stored therein or thereon.

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 b- the storage environment or medium in or on which
the information may be stored.
2- Every State Party shall commit itself to adopting the
procedures necessary to enable the competent
authorities to inspect or access a specific information
technology or part thereof in conformity with
paragraph 1(a) if it is believed that the required
information is stored in another information
technology or in part thereof in its territory and such
information is legally accessible or available in the
first technology, the scope of inspection may be
extended and the other technology accessed.

Article 27: Seizure of Stored Information

1- Every State Party shall commit itself to adopting the

procedures necessary to enable the competent authorities to seize and
safeguard information technology information accessed according to
Article 26, paragraph 1, of this Convention.
These procedures include the authority to:
a- seize and safeguard the information technology or
part thereof or the storage medium for the
information technology information.
b- make a copy the information technology information
and keep it.
c- maintain the integrity of the stored information
technology information.
d- remove such accessed information from the
information technology or prevent its access.
2- Every State Party shall commit itself to adopting the
procedures necessary to enable the competent authorities to order
any person who is acquainted with the functioning of the
information technology or the procedures applied to protect the
information technology to give the information necessary to
complete the procedures mentioned in paragraphs 2 and 3 of
Article 26 of this Convention.

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Article 28: Expeditious Gathering of Users Tracking Information

1- Every State Party shall commit itself to adopting the

procedures necessary to enable the competent authorities
to:
a- gather or register using technical means in the
territory of this State Party.
b- require the service provider, within his technical
competence, to:
- gather or register using technical means in the
territory of this State Party, or
- cooperate with and help the competent
authorities to expeditiously gather and register
users tracking information with the relevant
communications and which are transmitted by
means of the information technology.
2- If, because of the domestic legal system, the State Party is
unable to adopt the procedures set forth in paragraph 1(a),
it may adopt other procedures in the form necessary to
ensure the expeditious gathering and registration of users
tracking information corresponding to the relevant
communications in its territory using the technical means in
that territory.
3- Every State Party shall commit itself to adopting the
procedures necessary to require the service provider to
maintain the secrecy of any information when exercising
the authority set forth in this Article.

Article 29: Interception of Content Information

1- Every State Party shall commit itself to adopting the

legislative procedures necessary as regards a series of offences
set forth in the domestic law, in order to enable the competent
authorities to:
a. gather or register through technical means in the
territory of this State Party, or

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 b. cooperate with and help the competent authorities to
expeditiously gather and register content information of
the relevant communications in its territory and which
are transmitted by means of the information technology.
2- If, because of the domestic legal system, the State Party is
unable to adopt the procedures set forth in paragraph 1(a), it
may adopt other procedures in the form necessary to ensure
the expeditious gathering and registration of content
information corresponding to the relevant communications in
its territory using the technical means in that territory.
3- Every State Party shall commit itself to adopting the
procedures necessary to require the service provider to
maintain the secrecy of any information when exercising the
authority set forth in this Article.

Chapter IV

Legal and Judicial Cooperation

Article 30: Competence

1- Every State Party shall commit itself to adopting the

procedures necessary to extend its competence to any of the
offences set forth in Chapter II of this Convention, if the
offence is committed, partly or totally, or was realized:
a- in the territory of the State Party
b- on board a ship raising the flag of the State Party.
c- on board a plane registered under the law of the State
Party.
d- by a national of the State Party if the offence is
punishable according to the domestic law in the
location where it was committed, or if it was
committed outside the jurisdiction of any State.
e- if the offence affects an overriding interest of the
State.

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 2- Every State Party shall commit itself to adopting the
procedures necessary to extend the competence covering the
offences set forth in Article 31, paragraph 1, of this
Convention in the cases in which the alleged offender is
present in the territory of that State Party and shall not
extradite him to another Party according to his nationality
following the extradition request.
3- If more than one State Party claim to have jurisdiction over an
offence set forth in this Convention, priority shall be accorded
to the request of the State whose security or interests were
disrupted by the offence, followed by the State in whose
territory the offence was committed, and then by the State of
which the wanted person is a national. In case of similar
circumstances, priority shall be accorded to the first State that
requests the extradition.

Article 31: Extradition

1- a- This Article applies to the exchange of offenders between State

Parties for offences set forth in Chapter II of this Convention,
provided that such offences shall be punishable under the laws of
the concerned State Parties by deprivation of freedom for a
minimum period of one year or a more severe penalty.
b- If a different, less severe, penalty is applicable by virtue of an
agreed arrangement or by virtue of the extradition treaty, then the
less severe penalty shall apply.
2- Offences set forth in paragraph 1 of this article shall be deemed
offences whose perpetrators are extraditable under any
extradition treaty between State Parties.
3- If a State Party makes extradition conditional on the existence of
a treaty, and it receives an extradition request from a State Party
that has no extradition treaty, this Convention may be considered
as a legal basis for extradition as regards offences set forth in
paragraph 1 of this Article.
4- State Parties that do not require the existence of an extradition
treaty shall consider that the offences set forth in paragraph 1 of

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 this Article are offences whose perpetrators are extraditable
among such States.
5- Extradition shall be subject to the requirements set forth in the
law of the State Party to which the request is submitted or to the
applicable extradition treaties, including the grounds on which
the State Party can rely to refuse extradition.
6- A contracting State Party may refuse to extradite its nationals and
undertake, within the limits of its jurisdiction, to prosecute those
of whom who commit in any other State Party offences
punishable under the law in both countries by deprivation of
freedom for a period of one year or a more severe penalty in any
of the two contracting Parties, provided the other State Party
addresses to it a prosecution request together with the files,
documents, objects and information that it has in its possession.
The requesting State Party shall be informed of what is being
done regarding its request. Nationality shall be determined at the
date the offence happened for which extradition is requested.
7- a- Every State Party shall commit itself to communicate, at
the time of signature or deposit of the instrument of ratification or
acceptance, the name and address of the authority responsible for
extradition or procedural arrest, in the absence of a treaty, to the
General Secretariat of the Council of Arab Interior Ministers and
the Technical Secretariat of the Arab Justice Ministers.
b- The General Secretariat of the Council of Arab Interior
Ministers and the Technical Secretariat of the Arab Justice
Ministers shall establish and update the registry of concerned
authorities in the State Parties. Every State Party shall insure that
the registry’s details are correct at all times.

Article 32: Mutual Assistance

1- All State Party shall lend assistance to each other to the fullest
extent for the purposes of investigation, procedures related to
information and information technology offences or to gather
electronic evidence in offences.

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 2- Every State Party shall commit itself to adopting the
procedures necessary to fulfill the obligations set forth in
Articles 34 to 42.
3- Requests for bilateral assistance and related communications
shall be submitted in writing. In case of emergency, a State
Party may submit such request in an expeditious manner,
including by fax or email, provided such communication
ensures a reasonable degree of security and reference
(including by using coding) and confirmation of dispatch as
required by the State Party. The State Party from which
assistance is requested shall respond to the request through a
fast means of communication.
4- Except as otherwise stated in this chapter, bilateral assistance
shall be subject to the requirements set forth in the law of the
State Party from which assistance is requested or in mutual
assistance treaties, including the grounds on which the State
Party can rely to refuse cooperation. The State Party from
which assistance is requested may not exercise its right to
refuse assistance with respect to offenses set forth in Chapter
II only on the basis that the request relates to an offence that it
considers as a financial offence.
5- Whenever the State Party from which assistance is requested
may provide such assistance only in the presence of dual
criminality, this condition shall be considered fulfilled
regardless of whether the laws of the State Party classify the
offence in the same category as those of the requesting State
Party, provided that the act leading to the offence in respect of
which assistance is requested is considered an offence
according to the laws of the State Party.

Article 33 Circumstantial Information

1- A State Party may – within the confines of its domestic law –

and without prior request, give another State information it
obtained through its investigations if it considers that the
disclosure of such information could help the receiving State

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 Party in investigating offences set forth in this convention or
could lead to a request for cooperation from that State Party.
2- Before giving such information, the State Party providing it
may request that the confidentiality of the information be kept;
if the receiving State Party cannot abide by this request, it
shall so inform the State Party providing the information
which will then decide about the possibility of providing the
information. If the receiving State Party accepts the
information on condition of confidentiality, the information
shall remain between the two sides.

Article 34: Procedures for Cooperation and Mutual Assistance

Requests

1- The provisions of paragraphs 2-9 of this Article shall apply in

case no cooperation and mutual assistance treaty or
convention exists on the basis of the applicable legislation
between the State Parties requesting assistance and those from
which assistance is requested. If such a treaty or convention
exists, the mentioned paragraphs shall not apply, unless the
concerned parties agree to apply them in full or in part.
2- a- Every State Party shall designate a central authority
responsible for sending and responding to mutual assistance
requests and for their implementation and referral to the
relevant authorities for implementation.
b- Central authorities shall communicate directly among
themselves.
c- Every State Party shall, at the time of signature or deposit
of the instrument of ratification, acceptance or agreement,
contact the General Secretariat of the Council of Arab
Interior Ministers and the Technical Secretariat of the Arab
Justice Ministers and communicate to them the names and
addresses of the authorities specifically designated for the
purposes of this paragraph.
d- The General Secretariat of the Council of Arab Interior
Ministers and the Technical Secretariat of the Arab Justice
Ministers shall establish and update a registry of concerned

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 central authorities appointed by the State Parties. Every
State Party shall insure that the registry’s details are correct
at all times
3- Mutual assistance requests in this Article shall be
implemented according to procedures specified by the
requesting State Party, except in the case of non conformity
with the law of the State Party from which assistance is
requested.
4- The State Party from which assistance is requested may
postpone taking action on the request if such action shall
affect criminal investigations conducted by its authorities.
5- Prior to refusing or postponing assistance, the State Party from
which assistance is requested shall decide, after consulting
with the requesting State Party, whether the request shall be
partially fulfilled or be subject to whatever conditions it may
deem necessary.
6- The State Party from which assistance is requested shall
commit itself to inform the requesting State Party of the result
of the implementation of the request. If the request is refused
or postponed, the reasons of such refusal or postponement
shall be given. The State Party from which assistance is
requested shall inform the requesting State Party of the
reasons that prevent the complete fulfillment of the request or
the reasons for its considerable postponement.
7- The State Party requesting assistance may request the State
Party from which assistance is requested to maintain the
confidentiality of the nature and content of any request
covered by this chapter, except in as far as necessary to
implement the request. If the State Party from which
assistance is requested cannot abide by this request concerning
confidentiality, it shall so inform the requesting State Party
which will then decide about the possibility of implementing
the request.
8- a- In case of emergency, mutual assistance requests may be
sent directly to the judicial authorities in the State Party from
which assistance is requested from their counterparts in the
requesting State Party. In such case, a copy shall be sent

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 concurrently from the central authority in the requesting State
Party to its counterpart in the State Party from which
assistance is requested.
b- Communications can be made and requests submitted
pursuant to this paragraph through INTERPOL.
c- Whenever, according to paragraph a, a request is submitted
to an authority, but that authority is not competent to deal
with that request, it shall refer the request to the competent
authority and directly inform the requesting State Party
accordingly.
d- Communications and requests carried out according to this
paragraph and not concerning compulsory procedures may
be transmitted directly by the competent authorities in the
requesting State Party to their counterpart in the State Party
from which assistance is requested.
e- Every State Party may, at the time of signature, ratification,
acceptance or adoption, inform the General Secretariat of
the Council of Arab Interior Ministers and the Technical
Secretariat of the Arab Justice Ministers that requests
according to this paragraph must be submitted to the central
authority for reasons of efficiency.

Article 35: Refusal of Assistance

In addition to the grounds for refusal set forth in Article 32,

paragraph 4, the State Party from which assistance is requested may
refuse assistance if:
1- the request relates to an offence that the law of the State Party
from which assistance is requested considers as a political
offence.
2- It considers that implementing the request could constitute a
violation of its sovereignty, security, order or basic interests.

Article 36: Confidentiality and Limits of Utilization

1- In case no mutual assistance treaty or agreement exists on the

basis of the applicable legislation between the State Parties

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 requesting assistance and those from which assistance is
requested, the provisions of this Article shall apply. These
provisions shall not apply if such a convention or treaty exists
unless the concerned State Parties agree to apply any of the
paragraphs of this Article or the whole Article.
2- The State Party from which assistance is requested may
provide information or material contained in the request,
provided:
a- The element of confidentiality is maintained for the State
Party requesting assistance; there shall be no compliance
with the request in the absence of this element.
b- The information is not used in investigations other than
those contained in the request.
3- If the State Party requesting assistance cannot abide by the
requirement set forth in paragraph 2, it shall so inform the
other State Party which will then decide about the possibility
of providing the information. If the requesting State Party
accepts this requirement, it shall abide by it.
4- A State Party providing information or material according to
the requirement in paragraph 2 concerning the provision of
information may request the other State Party to justify the use
of the information or material.

Article 37: Expeditious Safeguarding of Information Stored on

Information Systems

1- A State Party may request another State Party to obtain the

expeditious safeguarding of information stored on an
information technology located within its territory regarding
matters about which the State Party requesting assistance is
submitting a request for mutual assistance in order to
investigate, seize secure and disclose information.
2- A safeguarding request according to paragraph 1 shall specify
the following:
a- the authority requesting the safeguarding.
b- the offence that is the subject of the investigation and a
summary of the facts.

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 c- the information technology information to be safeguarded
and its relation to the crime.
d- any available information that determines the person
responsible for the stored information or the location of the
information technology.
e- the reasons for the safeguarding request.
f- the desire of the State Party submitting the request for
bilateral assistance to investigate, access, seize, secure or
disclose the stored information technology information.
3- When a State Party receives a request from another State
Party, it shall take all appropriate actions to safeguard the
specified information in an expeditious manner according to
its domestic law. For the purpose of responding to the request,
safeguarding shall not be conditional on the existence of dual
criminality.
4- A State Party that stipulates the existence of dual criminality
to respond to the assistance request may, except in cases of
crimes set forth in Chapter II of this Convention, reserve its
right to refuse the safeguarding request according to this
Article if there is reason to believe that the dual criminality
requirement shall not be fulfilled at the time of disclosure.
5- Additionally, a safeguarding request may be refused if:
a- the request relates to an offence that the State Party from
which assistance is requested considers as a political
offence.
b- the State Party from which assistance is requested considers
that implementing the request could threaten its
sovereignty, security, order or interests.
6- Whenever the State Party from which assistance is requested
believes that safeguarding will not guarantee the future
availability of information or will jeopardize the
confidentiality of the investigations of the requesting State
Party or their integrity, it shall inform the requesting State
Party accordingly so that it may subsequently determine the
possibility of implementing the request.
7- A safeguarding that results from a response to the request
mentioned in paragraph 1 shall be for a period of no less than

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 60 days in order to allow the requesting State Party to submit
the request for searching, accessing, seizing, securing or
disclosing information. After receipt of such a request,
safeguarding of information shall be maintained according to
the decision related to the request.

Article 38: Expeditious Disclosure of Safeguarded Users Tracking

Information

1- Whenever the State Party from which assistance is requested

determines – in the context of implementing, according to
Article 37, a request to safeguard users tracking information
related to specific communications - that a service provider in
another state has participated in the transmission of the
communication, the State Party from which assistance is
requested shall disclose to the State Party requesting
assistance a sufficient amount of users tracking information in
order to determine the service provider and the transmission
path of the communications.
2- The disclosure of users tracking information according to
paragraph 1 may be suspended if:
a- the request relates to an offence that the State Party from
which assistance is requested considers as a political
offence.
b- the State Party from which assistance is requested considers
that implementing the request could threaten its safety,
security, order or interests

Article 39: Cooperation and Bilateral Assistance Regarding Access

to Stored Information Technology Information

1- A State Party may request another State Party to investigate,

access, seize, secure or disclose the stored information
technology information located within the territory of the State
Party from which assistance is requested, including
information that has been safeguarded according to Article 37.

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 2- The State Party from which assistance is requested shall
commit itself to respond to the State Party requesting
assistance according to the provisions of this convention.
3- The response to the request shall be prompt if the relevant
information may be lost or amended.

Article 40: Access to Information Technology Information Across

Borders

A State Party may, without obtaining an authorization from another

State Party:
1- Access information technology information available to the
public (open source), regardless of the geographical location
of the information.
2- Access or receive – through information technology in its
territory – information technology information found in the
other State Party, provided it has obtained the voluntary and
legal agreement of the person having the legal authority to
disclose information to that State Party by means of the said
information technology.

Article 41: Cooperation and Bilateral Assistance Regarding the

Expeditious Gathering of Users Tracking Information

1- State Parties shall lend bilateral assistance to each other

regarding the expeditious gathering of users tracking
information associated with specific communications in their
territories and transmitted through the information technology.
2- Every State Party shall provide such assistance at least with
respect to offences for which similar domestic cases involve
the expeditious gathering of users tracking information.

Article 42: Cooperation and Bilateral Assistance Regarding

Information Related to Content

State Parties shall commit themselves to provide bilateral

assistance to each other regarding the expeditious gathering of content

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information for specific communications transmitted by means of the
information technology up to the limit allowed according to applicable
treaties and local laws.

Article 43: Specialized Body

1- Every State Party shall guarantee, according to the basic

principles of its legal system, the presence of a specialized body
dedicated 24 hours a day to ensure the provision of prompt assistance
for the purposes of investigation, procedures related to information
technology offences or gather evidence in electronic form regarding a
specific offence. Such assistance shall involve facilitating or
implementing:
a- provision of technical advice.
b- safeguarding information based on Articles 37 and 38.
c collecting evidence, provide legal information and locate
suspects.
2- a- In all State Parties, such a body shall be able to
communicate promptly with the corresponding body in any other State
Party
b- If the said body, designated by a State Party, is not
part of the authorities of that State Party responsible for international
bilateral assistance, that body shall ensure its ability to promptly
coordinate with those authorities.
3- Every State Party shall ensure the availability of capable
human resources to facilitate the work of the above mentioned body.

Chapter V

Final Provisions

1- Competent authorities in State Parties shall take the domestic

procedures necessary to implement this convention.
2- This Convention is subject to ratification, acceptance or
adoption by signatory States. The documents of ratification,
acceptance or adoption shall be deposited with the General

25
 Secretariat of the League of Arab States no later than thirty
days following the date of ratification, acceptance or adoption.
The General Secretariat shall inform all State Parties and the
General Secretariat of the Council of Arab Interior Ministers
of every deposit of such document and its date.
3- This Convention shall enter into force thirty days after the date
of deposit of ratification, acceptance or adoption documents
by seven Arab States.
4- Any State of the League of Arab States that has not signed this
Convention may accede to it. Such State shall be considered a
Party to this convention as soon as it has deposited the
ratification, acceptance, adoption or accession document with
the General Secretariat of the League of Arab States and thirty
days have elapsed following the date of deposit.
5- Taking into account what is stated in paragraph 3 of Article
19, if the provisions of this Convention are incompatible with
the provisions of any previous special convention, the text that
is more appropriate to combat information technology
offences shall apply.
6- No State Party may express a reservation involving a violation
of the texts of this convention or a departure from its
objectives.
7- A State Party may propose the amendment of any of the texts
of this Convention and refer it to the Secretary General of the
League of Arab States who shall transmit it to the State Parties
of the Convention to decide on its adoption with a two third
majority of State Parties. This amendment shall enter into
force thirty days after the date of deposit of ratification,
acceptance or adoption documents with the General
Secretariat of the League of Arab States by seven Arab States.
8- A State Party may withdraw from this Convention upon
submission of a written request to be sent to the Secretary
General of the League of Arab States.
A withdrawal shall take effect six month after the date the
request was sent to the Secretary General of the League of
Arab States.

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Done at Cairo, the Arab Republic of Egypt, on 15/1/1432 (H),
21/12/2010, in Arabic, in a single original deposited with the
General Secretariat of the League of Arab States (the Technical
Secretariat of the Arab Justice Ministers), and an exact copy being
provided to the General Secretariat of the Council of Arab Interior
Ministers. An exact copy is also provided to each State Party .

In witness whereof the Arab ministers of interior and Justice

have signed this Convention on behalf of their States..

State Ministers of Interior Ministers of Justice

The Hashemite (for) His Excellency His Excellency Mr.
Kingdom of Jordan Mr. Hisham Altal Hisham Altal
The United Arab (for) His Excellency His Excellency Dr.
Emirates Dr. Hadif Ben Jaoan Hadif Ben Jaoan
Alzaheri Alzaheri
The Kingdom of His Excellency His Excellency Sheikh
Bahrain General Sheikh Khaled Ben Ali Al
Rashed Ben Abdallah Khalifa
Al Khalifa
The Republic of Signature illegible His Excellency Mr.
Tunisia Alazhar Boaoni
The People’s His Excellency Mr. His Excellency Mr.
Democratic Republic Daho Weld Kabliah Altayeb Beliz
of Algeria
The Republic of
Djibouti
The Kingdom of His Royal Highness His Excellency Dr.
Saudi Arabia Prince Naif Ben Mohamed Ben
Abdelaziz Abdelkerim Abdelaziz
Alissa
The Republic of His Excellency His Excellency Mr.
Sudan Engineer Ibrahim Mohamed Bishara
Mahmood Hamed Dousa
The Syrian Arab His Excellency His Excellency Judge
Republic General Said Samoor Ahmed Hamoud

27
 Younes
The Republic of
Somalia
The Republic of Iraq His Excellency Mr. His Excellency Mr.
Jawad Kazem Dara Noureddin
Albolani Bahaeddin
The Sultanate of His Excellency Mr. His Excellency Sheikh
Oman Saoud Ben Ibrahim Mohamed ben
Ben Saoud Alborsaidi Abdallah ben Zaher
Alhanai.
The State of Palestine His Excellency Dr. His Excellency Dr.
Said Abdelrahman Aly Khashan
Ahmad Aboaly
The State of Qatar His Excellency Sheikh His Excellency Mr.
Abdallah Ben Nasser Hassan Ben Abdallah
Ben Khalifa Al thani Alghanem
The United Republic
of Comoros
The State of Kuwait His Excellency Sheikh His Excellency
General Jaber Khaled Counsellor Rashed
Alsabah Abdelmohsen
Alhamad
The Lebanese
Republic
The Socialist People's His Excellency His Excellency Judge
Libyan Arab General Abdelfattah Mostafa Mohamed
Jamahiriya Younes Alobidi Abdelgilil
The Arab Republic of His Excellency Mr. His Excellency
Egypt Habib Ibrahim Eladly Counsellor
Mamdouh
Mohidin Marey
The Kingdom of His Excellency Mr. His Excellency Mr.
Morocco Altayeb Alsharquawi Mohamed Alnasseri
The Islamic Republic Signature illegible His Excellency Mr.
of Mauritania Abdin Weldelkheir
The Republic of His Excellency His Excellency Dr.
Yemen General Mothar Ghazi Shaef

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Rashad Almasry Alaghbari

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