Considering that the co-fact is a widespread phenomenon in international trade transactions, including trade and investment, which raises serious moral and political concerns, undermines good governance and economic development, and distorts international competitive conditions;

Considering that all countries share the responsibility of combating co-fact in international business transactions;

Taking into account the revised Recommendation to Combat the Codone in International Trade Transactions, approved by the Council of the Organization for Economic Cooperation and Development (OECD) on May 23, 1997, C (97) 123 /FINAL, which, inter alia, demanded effective measures to deter, prevent and combat the co-fact of foreign public servants in relation to international trade transactions; in particular, early (a) the definition of the crime of that co-fact in an effective and coordinated manner and in accordance with the agreed common elements set out in that Recommendation and with the jurisdictional principles and other basic legal principles of each country.

Congratulating on other recent activities that further promote international understanding and cooperation to combat the co-fact of public servants, including the actions of the United Nations, the Bank World, the International Monetary Fund, the World Trade Organization, the Organization of American States, the Council of Europe and the European Union;

Congratulating on the efforts of companies, trade organizations, trade unions, as well as those of other non-governmental organizations to combat co-fact;

Recognizing the role of governments in preventing the instigation of bribery by individuals and companies in international business transactions;

Acknowledging that to achieve progress in this field, not only national efforts are required, but also multilateral cooperation, monitoring and monitoring;

Acknowledging that achieving equivalence between the measures to be taken by the Parties is a fundamental objective and purpose of the Convention, which requires the Convention to be ratified without derogations affecting the Convention. equivalence;

AGREE THE FOLLOWING:

ARTICLE 1o.

THE CRIME OF CO-FACT FROM FOREIGN PUBLIC SERVANTS.

1. Each party shall take the necessary steps to make it a criminal offence for a person deliberately to offer, promise or grant any undue or other undue advantage to a public servant. abroad, either directly or through intermediaries, for the benefit of the latter or a third party; for that server to act or refrain from doing so in connection with the performance of official duties, for the purpose of obtaining or to stay with a business or any other undue advantage in handling business international.

2. Each party shall take the necessary measures to criminalise complicity, including incitement, aid, instigation or the authorisation of an act of code of a foreign public servant. The attempt and conspiracy to bribe a foreign public servant will constitute criminal offenses to the same extent as the attempt and conspiracy to bribe a public servant of that Party.

3. The offences set out in paragraphs 1 and 2 above shall be referred to as 'the co-fact of a foreign public servant'.

4. For the purposes of this Convention:

(a) "foreign public servant" means any person holding a legislative, administrative or judicial post in a foreign country, whether appointed or elected; any person who exercises a public function for a foreign country, by example in a public office or in a public company; and any official or representative of an international public body;

(b) "foreign country" includes all levels and subdivisions of government, from national to local;

(c) "acting or refraining from acting in relation to the performance of official duties" includes any use of the post of the public servant, whether or not it is the authorized competence of the server.

ARTICLE 2o.

RESPONSIBILITY OF MORAL PEOPLE.

Each Party shall take the necessary measures, in accordance with its legal principles, to establish the responsibility of the moral persons for the code of a foreign public servant.

ARTICLE 3o.

SANTIONS.

1. The co-fact of a foreign public servant must be punishable by effective, proportionate and dissuasive criminal penalties.

The scale of the sanctions will be comparable to that applicable to the co-fact of public servants of the Party and, in the case of natural persons, will include the deprivation of sufficient freedom to allow mutual legal aid and the extradition.

2. In the event that, under the legal regime of a Party, criminal liability is not applicable to moral persons, that Party shall ensure that such moral persons shall be subject to effective, proportionate and dissuasive sanctions. non-criminal nature, including monetary penalties for the co-fact of foreign public servants.

3. Each Party shall take the necessary measures to stipulate that the co-fact and the product of the latter of a foreign public servant or the goods whose value corresponds to that of that product are subject to seizure and confiscation; or monetary sanctions having comparable effect.

4. Each Party shall consider the imposition of additional civil or administrative sanctions against a person subject to sanctions for the co-fact of a foreign public servant.

ARTICLE 4.

JURISDICTION.

1. Each Party shall take the necessary measures to accredit its jurisdiction over the co-fact of a foreign public servant when the offence is committed in all or part of its territory.

2. Each Party having jurisdiction to prosecute its nationals for crimes committed abroad shall take the necessary steps to accredit its jurisdiction to do so with respect to the code of a foreign public servant, agreement with the same principles.

3. Where a number of Parties have jurisdiction over an alleged offence described in this Convention, the Parties concerned shall, at the request of one of them, conduct consultations to determine the most appropriate jurisdiction for the judicial process.

4. Each Party shall review whether its current jurisdictional criterion is effective in the fight against the co-fact of foreign public servants, and if it does not take corrective action.

ARTICLE 5o.

LAW ENFORCEMENT.

The investigation and prosecution of the co-fact of a foreign public servant shall be subject to the applicable principles and rules of each Party. These shall not affect considerations of national economic interest, the possible effect on relations with another State or the identity of the natural or moral persons involved.

ARTICLE 6o.

PRESCRIPTION.

Any statute of limitations applicable to the crime of code of a foreign public servant must allow an adequate period for the investigation and prosecution of this crime.

ARTICLE 7o.

MONEY LAUNDERING.

Each party that has ruled as a crime predicate the co-fact of its own public servants for the purposes of applying its laws against money laundering, must do so on the same terms for the co-fact of a foreign public servant, regardless of where it has occurred.

ARTICLE 8o.

ACCOUNTING.

1. In order to effectively combat the code of foreign public servants, each Party shall take the necessary measures, within the framework of its laws and regulations, with respect to maintaining accounting records and records, financial and accounting standards and auditing, to prohibit the creation of accounts not settled in accounting books, to carry a double accounting or transactions identified inadequately, the registration of non-existent expenses, the registration of liabilities with incorrect identification of their purpose, as well as the use of false documents by companies subject to such laws and regulations, for the purpose of bribing foreign public servants or concealing such a crime.

2. Each Party shall provide for effective, proportionate and dissuasive civil, administrative or criminal penalties for such omissions and forgeries in respect of the accounting books, records, accounts and financial statements of such undertakings.

ARTICLE 9o.

MUTUAL LEGAL AID.

1. To the extent possible to permit their relevant laws, treaties and agreements, each Party shall provide effective and immediate legal aid to another Party for the purposes of investigations and criminal proceedings initiated by a Party with respect to crimes within the scope of this Convention; and for non-criminal acts within the scope of this Convention initiated by a Party against a moral person. The requested Party shall inform the requesting Party without delay of any additional information or documents necessary to support the request for assistance and, upon request, on the situation and outcome of the request for assistance.

2. Where a Party conditions the mutual legal aid to the existence of double penalties, it must be considered to exist if the offence for which the aid is requested falls within the scope of this Convention.

3. A Party shall not decline to provide mutual legal aid for criminal matters within the scope of this Convention, on the grounds of banking secrecy.

ARTICLE 10.

EXTRADITION.

1. The co-fact of a foreign public servant shall be regarded as an offence which shall result in extradition under the laws of the Parties and the extradition treaties between them.

2. If a Party that conditions extradition to the existence of an extradition treaty receives an extradition request from another Party with which it has no extradition treaty, it may consider this Convention as the legal basis for the extradition. extradition with respect to the crime of code of a foreign public servant.

3. Each Party shall take the necessary measures to ensure that it can extradite its nationals or that it may prosecute its nationals for the crime of coincident a foreign public servant. A Party that declines a request to extradite a person for the co-fact of a foreign public servant exclusively because that person is his or her national, must submit the case to its competent authorities for the purposes of judicial proceedings.

4. The extradition of a foreign public servant is subject to the conditions laid down in national law and in the treaties and agreements applicable in each Party. When a Party conditions the extradition to the existence of the double penalty of the crime, that condition must be considered fulfilled if the crime for which the extradition is requested is within the scope of Article 1 of this Convention.

ARTICLE 11.

RESPONSIBLE AUTHORITIES.

For the purposes of paragraph 3 of Article 4or, on consultations; of Article 9or, on mutual legal assistance and Article 10, on extradition; each Party shall notify the OECD Secretary-General who is or is the authorities responsible for the preparation and receipt of applications, which shall serve as a means of communication for such matters, without prejudice to other agreements between the Parties.

ARTICLE 12.

MONITORING AND MONITORING.

The Parties shall cooperate in carrying out a systematic monitoring programme to monitor and promote the full implementation of this Convention. Unless otherwise decided by consensus of the Parties, this shall be done within the framework of the OECD Working Group on International Trade Transactions and in accordance with its mandate; or within the framework and the the privileges of any body that succeeds in such functions; and the Parties shall bear the costs of the programme in accordance with the rules applicable to that body.

ARTICLE 13.

SIGNATURE AND ADHESION.

1. Until its entry into force, this Convention must be open for the signature of the members and non-members of the OECD who have been invited to be full participants in their Working Group on Co-made in Commercial Transactions. International.

2. After its entry into force, this Convention shall be open to the accession of any non-signatory who is a member of the OECD or who has become a full participant in the Working Group on Co-made in Transactions International trade or any organ that succeeds it in its functions. For each of these non-signatories, the Convention shall enter into force on the 60th day after the date of the deposit of its instrument of accession.

ARTICLE 14.

RATIFICATION AND DEPOSITARY.

1. This Convention is subject to acceptance, approval or ratification by the signatories, in accordance with their respective laws.

2. The instruments of acceptance, approval, ratification or accession shall be deposited with the Secretary-General of the OECD, who shall serve as the depositary of this Convention.

ARTICLE 15.

ENTRY INTO EFFECT.

1. This Convention must enter into force on the sixtieth day after the date on which five of the ten countries with the largest export quotas, as set out in document DAFFE/IME/BR (97) 18/FINAL (Annex), and which represent the At least 60% of the total combined exports of these ten countries have deposited their instruments of acceptance, approval or ratification. For each signatory that deposits its instrument after such entry into force, the Convention shall enter into force on the 60th day after the deposit of its instrument.

2. If, after 31 December 1998, the Convention has not entered into force in accordance with paragraph 1 above, any signatory which has deposited its instrument of acceptance, approval or ratification may declare in writing to the Depositary its a willingness to accept the entry into force of this Convention in accordance with paragraph 2. The Convention shall enter into force for that signatory on the 60th day after the date on which the written declaration has been deposited. at least by two signatories. For each signatory that deposits its declaration after such entry into force, the Convention shall enter into force on the 60th day after the date of the deposit.

ARTICLE 16.

REFORMS.

Any Party may propose the reform of this Convention. The reform proposals shall be submitted to the Depositary, who shall communicate them to the other Parties at least 60 days before convening a meeting of the Parties to study the proposed reform. A reform approved by consensus of the Parties, or by other means that the Parties may determine by consensus, shall enter into force sixty days after the deposit of an instrument of ratification, acceptance or approval by all Parties, or in other circumstances which the Parties may specify at the time of the approval of the reform.

ARTICLE 17.

RETIRED.

A Party may withdraw from this Convention by submitting a written notification to the Depositary. The withdrawal shall take effect one year after the date of receipt of the notification. After the withdrawal, cooperation between the Parties and the withdrawn Party shall continue as regards all requests for assistance or extradition which are pending and which have been made prior to the date of entry into force of the said Agreement. withdrawn.

Attachment

OECD EXPORT STATISTICS

Attachment

OECD EXPORT STATISTICS

Notes: * 1990-1995; ** 1991-1996; *** 1993-1996.

Source: OECD, (1) IMF.

THE UNDERSIGNED COORDINATOR OF THE INTERNAL WORKING GROUP OF TREATIES OF THE DIRECTORATE OF INTERNATIONAL LEGAL AFFAIRS OF THE MINISTRY OF FOREIGN RELATIONS OF THE REPUBLIC OF COLOMBIA,

CERTIFIES:_[1]

That the reproduction of the text above is a faithful and complete photocopy of the "Convention to Combat the Code of Foreign Public Servants in International Trade Transactions", adopted by the Negotiating Conference in Paris, French Republic, on 21 November 1997, a document which is based on the files of the Internal Working Group of the Treaties of the Directorate of International Legal Affairs of this Ministry.

Dada in Bogota, D.C., at nine (9) days of the month of March of two thousand twelve (2012).

The Coordinator of the Internal Working Group of the Treaties Directorate of International Legal Affairs,

Alejandra Valencia Gartner.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá D.C., March 14, 2012

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister

MARIA ANGELA HOLGUIN HANG.

DECRETA:

Article 1o. Approve the "Convention to Combat the Code of Foreign Public Servants in International Trade Transactions", adopted by the Negotiating Conference in Paris, French Republic, on November 21, 1997.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention to Combat the Code of Foreign Public Servants in International Trade Transactions", adopted by the Negotiating Conference in Paris, Republic France, on 21 November 1997, which, by the first article of this law, is adopted, shall force the country from the date on which the international link with respect to them is perfected.

Article 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a los ...

Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Justice and Law.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Justice and Law,

JOHN CARLOS ESGUERRA PORTOCARRERO.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., March 14, 2012

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister

MARIA ANGELA HOLGUIN HANG

DECRETA:

Article 1o. Approve the "Convention to Combat the Code of Foreign Public Servants in International Trade Transactions", adopted by the Negotiating Conference in Paris, French Republic, on November 21, 1997.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention to Combat the Code of Foreign Public Servants in International Trade Transactions", adopted by the Negotiating Conference in Paris, Republic France, on 21 November 1997, which, by the first article of this law, is adopted, shall force the country from the date on which the international link with respect to them is perfected.

Article 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JUAN MANUEL CORZO ROMAN.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

SIMON GAVIRIA MUNOZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and Meet

Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., 2 August 2012.

JUAN MANUEL SANTOS CALDERÓN.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Justice and Law,

RUTH STELLA CORREA PALACIO.

* * *

_{1. With regard to Belgium, Luxembourg: the commercial statistics of Belgium and Luxembourg are only available in combined form for both countries. For the purposes of Article 15 (1) of the Convention, if Belgium or Luxembourg deposits its instrument of acceptance, approval or ratification, or if both countries deposit their instruments of acceptance, approval or ratification, it shall be deemed to be that one of the countries that has the ten largest export quotas has deposited its instrument and that the joint exports from both countries will be counted for 60 percent of the total combined exports of those ten countries, which is required for entry into effect, as provided.}