LAW 412 1997
Official Gazette No. 43,168 of 7 November 1997
Whereby the "Inter-American Convention against Corruption", signed in Caracas on March 29 approved of in 1996
Summary Effective Notes
THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Inter-American Convention against Corruption", signed in Caracas on 29 March in 1996 (1996).
(To be transliterated: photocopy of the full text of that instrument, duly authenticated by the head of the Legal Office of the Ministry of Foreign Affairs attached).
INTER-AMERICAN CONVENTION AGAINST CORRUPTION Preamble
The member states of the Organization of American States,
Convinced that corruption undermines the legitimacy of public institutions and strikes at society, moral order and justice and the comprehensive development of peoples;
Whereas representative democracy, an essential condition for stability, peace and development in the region, by its nature, requires combat all forms of corruption in the performance of public functions and acts of corruption specifically related with such performance;
Persuaded that fighting corruption strengthens democratic institutions and prevents distortions in the economy, improprieties in public administration and damage social morality;
Recognizing that corruption is often one of the instruments used by organized crime for the purpose of its purposes;
Convinced of the importance of raising awareness among the population of the countries of the region on the existence and severity of this problem and the need to strengthen the participation of civil society in preventing and combating corruption;
Recognizing that corruption has, in some cases, international dimensions, which requires coordinated action by States to fight it effectively;
Convinced of the need for adoption of an international instrument to promote and facilitate international cooperation to combat corruption and, in particular, to take appropriate measures against those who commit acts of corruption in the performance of public functions or specifically related to such performance; as well as on the proceeds of such acts;
Deeply concerned about the increasingly close links between corruption and the proceeds of illicit drug trafficking which undermine and threaten legitimate commercial and cons financial activities, and society at all levels;
Bearing in mind that fighting corruption is the responsibility of states to eradicate impunity and that cooperation between them is necessary for action in this area to be effective, and
Determined to make every effort to prevent , detect, punish and eradicate corruption in the performance of public functions and acts of corruption specifically related to such performance.
HAVE AGREED upon the following:
INTER-AMERICAN CONVENTION AGAINST CORRUPTION
ARTICLE I. DEFINITIONS.
For the purposes of this Convention, the term:
honorary "Public function" means any temporary or permanent, paid or performed by a natural person on behalf of the State or service of the State or its entities in any hierarchical levels.
"Public official", "official government" or "public servant" means any officer or employee of the State or its agencies, including those that have been selected, appointed or elected to perform activities or functions on behalf of the State or state service in all hierarchical levels.
"Property" means assets of every kind, movable or immovable, tangible or intangible, and legal documents or instruments evidencing, purporting to demonstrate or relating to ownership or other rights in such assets.
ARTICLE II. PURPOSES.
The purposes of this Convention are:
1. Promote and strengthen the development by each of the States Parties of the mechanisms needed to prevent, detect, punish and eradicate corruption, and
2. Promote, facilitate and regulate cooperation among the States Parties to ensure the effectiveness of measures and actions to prevent, detect, punish and eradicate corruption in the exercise of public functions and acts of corruption specifically related to such exercise.
ARTICLE III. PRECAUTIONARY MEASURES.
The purposes set forth in Article 2 of this Convention, States Parties agree to consider the applicability of measures within their own institutional systems to create, maintain and strengthen:
1 Signed in Caracas, Venezuela March 29 1996.1. Standards of conduct for the correct, honorable and proper performance of public functions. These standards shall be intended to prevent conflicts of interest and ensure the preservation and proper use of resources entrusted to public officials in the performance of their duties. They also establish measures and systems requiring government officials to report to appropriate authorities acts of corruption in public office of which they are aware. Such measures should help preserve confidence in the integrity of public officials and public administration.
2. Mechanisms to enforce compliance with these standards of conduct.
3. Direct the staff of public bodies, to ensure proper understanding of their responsibilities and the ethical rules governing their activities.
4. Systems for registering the income, assets and liabilities of persons who perform public functions in posts as specified by law and for the publication of such declarations where appropriate.
5. Systems for government hiring and procurement of goods and services by the State to ensure openness, equity and efficiency of such systems.
6. Suitable systems for the collection and control of state revenue, prevent corruption.
7. Laws that deny tax benefits to any individual or corporation for expenditures made in violation of the anticorruption laws of the States Parties.
8. Systems for protecting public servants and private citizens who in good faith report acts of corruption, including protection of their identity in accordance with its Constitution and the fundamental principles of its domestic law.
9. Oversight bodies, in order to develop modern to prevent, detect, punish and eradicate corrupt practices mechanisms.
10. Deterrents to the bribery of domestic and foreign government officials, such as mechanisms to ensure that publicly held companies and other types of associations maintain books and records that accurately reflect, in reasonable detail the acquisition and disposition of assets, and have sufficient internal accounting controls to enable their officers to detect corrupt acts.
11. Mechanisms to encourage participation of civil society and non-governmental organizations in efforts to prevent corruption.
12. The study of further preventive measures that take into account the relationship between equitable compensation and probity in public service.
ARTICLE IV. AMBIT.
This Convention is applicable provided that the alleged act of corruption has been committed or has effects in a State Party.
Article V. JURISDICTION.
1. Each State Party shall take the necessary measures to exercise jurisdiction over the offenses it has established in accordance with this Convention when the offense is committed in its territory.
2. Each State Party may adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the offense is committed by one of its nationals or by a person who habitually resides in its territory.
3. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the alleged offender is present in its territory and not extradited to another country because of the nationality of the alleged offender.
4. This Convention does not preclude the application of any other rule of criminal jurisdiction established by a Party under its national law.
ARTICLE VI. ACTS OF CORRUPTION.
1. This Convention is applicable to the following acts of corruption:
a) The solicitation or acceptance, directly or indirectly, by a public official or a person who performs public functions, of any article of monetary value or other benefit , favor, promise or advantage for himself or for another person or entity in exchange for the performance or omission of any act in the performance of his public functions;
B) The offering or granting, directly or indirectly, to a public official or a person who performs public functions, of any article of monetary value or other benefits such as gifts, favors, promises or advantages for that public official or for other person or entity in exchange for the performance or omission of any act in the performance of his public functions;
C) The performance by a public official or a person who performs public functions of any act or omission in the performance of their duties, with the purpose of illicitly obtaining benefits for himself or for a third party;
D) The fraudulent use or concealment of property derived from any of the acts referred to in this Article, and
e) use Participation as author, co-author, instigator, accomplice, abettor or in any other form in the commission or attempted commission, association or conspiracy to commit any of the acts referred to in this Article.
2. This Convention shall also be applicable by mutual agreement between two or more States Parties with respect to any other act of corruption not described therein.
ARTICLE VII. Domestic legislation.
States Parties that have not yet done so shall adopt such legislative or other measures as may be necessary to establish as criminal offenses under their domestic law the acts of corruption described in Article VI.1. to facilitate cooperation between them, under the terms of this Convention.
ARTICLE VIII. TRANSNATIONAL BRIBERY.
Subject to its Constitution and the fundamental principles of its legal system, each State Party shall prohibit and punish the offering or granting to a public official of another State, directly or indirectly, by its nationals, persons having habitual residence in its territory, and businesses domiciled there, any article of monetary value or other benefits such as a gift, favor, promise or advantage, in exchange for the official act or refrain from acting in the exercise of their public functions related with a transaction of economic or commercial.
Among those States Parties that have criminalized transnational bribery, this will be considered an act of corruption for the purposes of this Convention.
Any State Party that has not established transnational bribery, provide assistance and cooperation under this Convention, in relation to this crime, to the extent that its laws permit.
Article IX. ILLICIT ENRICHMENT.
Subject to its Constitution and the fundamental principles of its legal system, States Parties that have not yet done so take the necessary steps to establish in law as criminal offenses, the increase in the assets of a public official with significant excess of their legitimate income during the performance of their duties and that it can not be reasonably justified by him.
Among those States Parties that have established the offense of illicit enrichment, this will be considered an act of corruption for the purposes of this Convention.
Any State Party that has not established illicit enrichment, provide assistance and cooperation under this Convention, in relation to this crime, to the extent that its laws permit.
Article X. NOTIFICATION.
When a State Party adopts the legislation referred to in paragraph 1 of articles VIII and IX, it shall notify the Secretary General of the Organization of American States, who in turn notify the other States Parties. The crimes of transnational bribery and illicit enrichment shall be considered for that State Party act of corruption for the purposes of this Convention, within thirty days from the date of such notification.
ARTICLE XI. PROGRESSIVE DEVELOPMENT.
1. For the purposes of promoting the development and harmonization of national legislation and the attainment of the objectives of this Convention, States Parties view as desirable, and undertake to consider typing in their laws the following acts:
a) undue advantage for personal gain or a third party, by a public official or a person who performs public functions, of any kind of classified or confidential information which has obtained because of or in connection with the role;
B) The use or unfair advantage for personal gain or a third party, by a public official or a person who performs public functions of any state assets or businesses or institutions that have this part, which he has had access because of or in connection with the role;
C) Any act or omission by any person who, by itself or as an intermediary or acting person seek the adoption, by the public authority, a decision under which illicitly obtains for himself or for another person any benefit or gain, whether or not the expense of state assets;
D) The outside its object deflection to own or third parties benefit, make public officials, real or personal property, money or securities belonging to the State, an agency, or a private individual, that would perceived by virtue of his office, administration, custody or for other reasons.
2. Among those States Parties that have established these offenses, they will be considered acts of corruption for the purposes of this Convention.
3. Any State Party that has not established the offenses described in this article, provide assistance and cooperation under this Convention in relation to them, to the extent that its laws permit.
Article XII. EFFECTS ON CAPITAL STATE.
For the purposes of this Convention need not acts of corruption described therein harm to state occur.
Article XIII. EXTRADITION.
1. This Article shall apply to the offenses established by States Parties under this Convention.
2. Each of the offenses to which this Article shall be deemed included among the offenses extraditable in any extradition treaty existing between States Parties applies. States Parties undertake to include such offenses as extraditable offenses in any extradition treaty concluded between them.
3. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party, which is not bound by any extradition treaty, it may consider this Convention as the legal basis for extradition in respect of the offenses to which this article applies.
4. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offenses to which this article applies as extraditable offenses between themselves.
5. Extradition shall be subject to the conditions provided by the law of the requested State Party or by applicable extradition treaties, including the grounds on which extradition may be refused.
6. If extradition for an offense to which this article applies is refused solely on the basis of the nationality of the person subject of the application, or because the requested State Party to be competent, it will present the case to its competent authorities for prosecution, unless it is otherwise agreed with the requesting State Party, and shall report this to your end result.
7. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and has urgent and at the request of the State Party, proceed to the arrest of the person whose extradition is sought and who is present in its territory or take other appropriate measures to ensure his presence at extradition proceedings.
Article XIV. ASSISTANCE AND COOPERATION.
The States Parties to the widest possible mutual assistance in accordance with their domestic laws and applicable treaties, by processing requests from authorities that, in accordance with its domestic law, have the power to investigate or prosecute be provided acts of corruption described in this Convention, for the purpose of obtaining evidence and take other necessary action to facilitate legal proceedings and measures regarding the investigation or prosecution of acts of corruption.
Likewise, States parties the broadest mutual technical cooperation on the most effective ways and methods to prevent, detect, investigate and punish acts of corruption will be provided. To that end, they foster the exchange of experiences through agreements and meetings between competent bodies and institutions and shall pay special attention to the forms and methods of citizen participation in the fight against corruption.
Article XV. Measures on goods.
According to the applicable national laws and relevant treaties or other agreements that may be in force between them, States Parties shall afford each other the widest possible assistance in the identification, tracing, freezing, seizure and confiscation of property obtained or derived from the commission of the offenses established in accordance with this Convention, of property used in the commission or the proceeds of such property.
The State party implement its own forfeiture rulings or those of another State Party with respect to goods or products described in the previous paragraph of this article, dispose of the property or products according to their own legislation . To the extent permitted by its laws and conditions as it deems appropriate, that State Party may transfer all or part of such property or proceeds to another State Party that assisted in the investigation or related judicial proceedings.
Article XVI. BANKING SECRECY.
The requested State Party may not refuse to provide the assistance requested by the requesting State Party on the ground of bank secrecy. This article will be applied by the requested State Party in accordance with its domestic law, its procedural provisions or bilateral or multilateral agreements with the requesting State Party.
The requesting State Party undertakes not to use the information protected by bank secrecy received, for any purpose other than the proceeding for which that information was requested, unless authorized by the requested State Party.
Article XVII. NATURE OF THE ACT.
For the purposes of articles XIII, XIV, XV and XVI of this Convention, the fact that the property obtained or derived from an act of corruption was intended for political purposes or that it is alleged that an act of corruption was committed for political motives or purposes, will not be sufficient alone to consider the act as a political offense or as a common offense connected with a political offense.
Article XVIII. CENTRAL AUTHORITIES.
For purposes of international assistance and cooperation provided under this Convention, each State Party may designate a central authority or may rely upon the central authorities under relevant treaties or other agreements.
The central authorities are responsible for making and receiving requests for assistance and cooperation under this Convention refers.
The central authorities shall communicate directly for the purposes of this Convention.
Article XIX. APPLICATION IN TIME.
Subject to constitutional principles and the domestic laws of each State and existing treaties between the States Parties, the fact that the alleged act of corruption was committed before the entry into force of this Convention, no will prevent international criminal procedure cooperation among States Parties. This provision shall in no case affect the principle of non-retroactivity of criminal law nor its application interrupted the limitation period relating to ongoing prior to the date of entry into force of this Convention offenses.
Article XX. OTHER AGREEMENTS OR PRACTICES.
No provision of this Convention shall be construed as preventing the States Parties mutual cooperation pay under the provisions of other international, bilateral or multilateral, currently in force or concluded in the future agreements between them or any other applicable arrangement or practice.
Article XXI. FIRM.
This Convention is open for signature by member states of the Organization of American States.
Article XXII. RATIFICATION.
This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
Article XXIII. ACCESSION.
This Convention is open to accession by any other State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.
Article XXIV. RESERVATIONS.
States Parties may make reservations to this Convention at the time of approval, signature, ratification or accession, provided they are not incompatible with the object and purpose of the Convention and relate to one or more specific provisions.
ARTICLE XXV. ENTRY INTO FORCE.
This Convention shall enter into force on the thirtieth day after the date on which the deposit of the second instrument of ratification. For each State ratifying or acceding to it after the deposit of the second instrument of ratification of the Convention, the Convention shall enter into force on the thirtieth day after the date of the deposit of its instrument of ratification or accession.
ARTICLE XXVI. COMPLAINT.
This Convention shall remain effective indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year, counted from the date of deposit of the instrument of denunciation, the Convention shall cease to be in effect for the denouncing state and shall remain in force for the other States Parties.
Article XXVII. ADDITIONAL PROTOCOLS.
Any State Party may submit for the consideration of other States Parties gathered during the General Assembly of the Organization of American States, proposed protocols to this Convention in order to contribute to the achievement of the purposes stated in Article II.
Each additional protocol shall establish the modalities for its entry into force and be applied only among the States Parties to the protocol.
Article XXVIII. Deposit of Original Instrument.
The original instrument of this Convention, the Spanish, French, English and Portuguese texts are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of your text for registration publication to the Secretariat of the United Nations in accordance with Article 102 of the United Nations Charter. The General Secretariat of the Organization of American States shall notify the member states of that organization and those States that have acceded to the Convention, the signatures, deposits of instruments of ratification, accession and denunciation, and any reservations that any.
The undersigned Head of the Legal Office
Ministry of Foreign Affairs DECLARES
That this faithful reproduction is taken photocopy of the certificate text of the "Inter-American Convention Against Corruption", signed in Caracas, Venezuela, on 29 March in 1996 (1996), a document that is on file in the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, at thirteen (13) days
of August in 1996 (1996).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, ...
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
Ernesto Samper Pizano Minister of Foreign Affairs, EMMA MEJIA VELEZ MARIA
ARTICLE 1o. Approval of the "Inter-American Convention against Corruption", signed in Caracas on 29 March in 1996 (1996). Article 2.
. In accordance with the provisions of article 1. 7a Act 1944, the "Inter-American Convention against Corruption", signed in Caracas on March 29, 1996, that Article 1 of this law is passed, will force the country from the date it was perfect the compared to the same international link.
ARTICLE 3o. This Law governs from the date of publication.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on November 6, 1997.
Ernesto Samper Pizano Minister of Foreign Affairs, EMMA MEJIA V.
MARIA Minister of Justice and law, Almabeatriz
Signed in Caracas, Venezuela on March 29, 1996.