Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2005-743 of 4 July 2005 authorizing the ratification of the United Nations Convention against Corruption;
In view of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France,
Decrete:
The United Nations Convention against Corruption, adopted in New York on 31 October 2003, will be published in the Official Gazette of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N
DES NATIONS UNIES CONTRE LA CORRUPTION
PREAMBULE
States Parties to this Convention,
Concerned about the seriousness of the problems posed by corruption and the threat it poses to the stability and security of societies, undermined democratic institutions and values, ethical values and justice, and undermined sustainable development and the rule of law,
Concerned also about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money-laundering,
Concerned further by corruption cases involving considerable amounts of assets, which may represent a substantial part of the resources of States, and which threaten the political stability and sustainable development of those States,
Convinced that corruption is no longer a local business but a transnational phenomenon that affects all societies and economies, making international cooperation essential to prevent and curb it,
Convinced also that a comprehensive and multidisciplinary approach is necessary to prevent and combat corruption effectively,
Convinced further that the provision of technical assistance can make an important contribution to making States better able, including through capacity-building and institutions, to effectively prevent and combat corruption,
Convinced that the illicit acquisition of personal wealth can be particularly harmful to democratic institutions, national economies and the rule of law,
Determined to more effectively prevent, detect and discourage international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery,
Acknowledging the fundamental principles of respect for guarantees provided by law in criminal proceedings and in civil or administrative proceedings concerning the recognition of property rights,
Bearing in mind that it is the responsibility of all States to prevent and eradicate corruption and that they must cooperate with each other, with the support and participation of individuals and groups that do not belong to the public sector, such as civil society, non-governmental organizations and communities of persons, so that their efforts in this field are effective,
Bearing in mind also the principles of good governance and public property, fairness, responsibility and equality before the law and the need to safeguard integrity and promote a culture of refusal of corruption,
Welcoming the work of the Commission on Crime Prevention and Criminal Justice and the United Nations Office on Drugs and Crime to prevent and combat corruption,
Recalling the work carried out in this area by other international and regional organizations, including the activities of the Customs Cooperation Council (also known as the World Customs Organization), the Council of Europe, the League of Arab States, the Organisation for Economic Co-operation and Development, the Organization of American States, the African Union and the European Union,
Taking note with satisfaction of the multilateral instruments aimed at preventing and combating corruption, such as, among other things, the Inter-American Convention against Corruption, adopted by the Organization of American States on 29 March 1996, the Convention against Corruption involving officials of the European Communities or officials of the States members of the European Union, adopted by the Council of the European Union on 26 May 1997, the Convention on the Fight against Corruption of Foreign Public Officials in International Transactions
Welcoming the entry into force on 29 September 2003 of the United Nations Convention against Transnational Organized Crime,
The following agreed:
Chapter I
General provisions
Article 1
Subject
The purpose of this Convention is to:
(a) To promote and strengthen measures to prevent and combat corruption more effectively;
(b) To promote, facilitate and support international cooperation and technical assistance for the prevention of and control of corruption, including asset recovery;
(c) To promote integrity, accountability and good governance of public affairs and public property.
Article 2
Terminology
For the purposes of this Convention:
(a) "Public officer" means: (i) any person who holds a legislative, executive, administrative or judicial mandate of a State Party, whether appointed or elected, on a permanent or temporary basis, whether paid or unpaid, regardless of its hierarchical level; (ii) any other person who exercises a public service, including for a public body or public enterprise, or who provides a public service, as defined in the domestic law of the State Party and applied in the relevant branch of the law of that State; (iii) any other person defined as "public agent" in the domestic law of a State Party. However, for the purposes of certain specific measures provided for in chapter II of this Convention, a person exercising a public service or providing a public service such as these terms is defined in the domestic law of the State Party and applied in the relevant branch of the law of that State may be heard by "public agent";
(b) "Foreign public officer" means any person who holds a legislative, executive, administrative or judicial mandate from a foreign country, whether appointed or elected; and any person who has a public service for a foreign country, including a public body or a public enterprise;
(c) An international civil servant of a public international organization means an international civil servant or any person authorized by such an organization to act on his or her behalf;
(d) "goods" means all types of assets, tangible or intangible, furniture or immovables, as well as legal acts or documents attesting to the ownership or rights of such assets;
(e) "Product of crime" means any property directly or indirectly derived from the commission of an offence or obtained directly or indirectly by committing it;
(f) The temporary prohibition of the transfer, conversion, disposition or movement of property, or the temporary imposition of custody or control of property upon a decision of a court or other competent authority, shall be defined as "frozen" or "captured";
(g) Forfeiture means the permanent dispossession of property by a court or other competent authority;
(h) "Main offence" means any offence resulting from which a product is generated that is likely to become the subject of an offence defined in Article 23 of this Convention;
(i) "Guided delivery" means the method of permitting the release of the territory, the passage through the territory, or the entry into the territory of one or more States, of unlawful or suspected shipments of being, to the knowledge and control of the competent authorities of these States, with a view to investigating an offence and identifying the persons involved in its commission.
Article 3
Scope
1. This Convention shall apply, in accordance with its provisions, to the prevention, investigation and prosecution of corruption as well as to the freezing, seizure, confiscation and restitution of the proceeds of offences established in accordance with this Convention.
2. For the purposes of the application of this Convention, it is not necessary, unless it otherwise provides, that the offences referred to therein cause damage or damage to the State.
Article 4
Protection of sovereignty
1. States Parties shall fulfil their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and with that of non-intervention in the internal affairs of other States.
2. Nothing in this Convention shall empower a State Party to exercise in the territory of another State a competence and functions which are exclusively reserved to the authorities of that other State by its domestic law.
Chapter II
Preventive measures
Article 5
Corruption prevention policies and practices
1. Each State Party shall develop and implement, in accordance with the fundamental principles of its legal system, effective and coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, good governance and public property, integrity, transparency and accountability.
2. Each State Party shall endeavour to establish and promote effective practices to prevent corruption.
3. Each State Party shall endeavour to periodically evaluate the relevant legal instruments and administrative measures to determine whether they are adequate to prevent and combat corruption.
4. States Parties shall cooperate, as appropriate and in accordance with the fundamental principles of their legal system, between them and with relevant regional and international organizations for the promotion and development of the measures referred to in this Article. As part of this collaboration, they can participate in international programmes and projects to prevent corruption.
Article 6
Anti-corruption body or bodies
1. Each State Party shall, in accordance with the fundamental principles of its legal system, ensure that one or more bodies exist, as appropriate, to prevent corruption by means such as:
(a) The application of the policies referred to in Article 5 of this Convention and, where appropriate, the supervision and coordination of this application;
(b) The increase and dissemination of knowledge on the prevention of corruption.
2. Each State Party shall grant to the body or bodies referred to in paragraph 1 of this article the necessary independence, in accordance with the fundamental principles of its legal system, to enable them to exercise their functions effectively without any undue influence. The necessary material resources and specialized personnel, as well as the training they may need to perform their duties, should be provided to them.
3. Each State Party shall communicate to the Secretary-General of the United Nations the name and address of the authority or authorities that may assist other States Parties in developing and implementing specific measures to prevent corruption.
Article 7
Public sector
1. Each State Party shall, where appropriate and in accordance with the fundamental principles of its legal system, endeavour to adopt, maintain and strengthen systems for the recruitment, hiring, retention, promotion and retirement of civil servants and, where appropriate, other non-elected public officials, who:
(a) Rely on principles of efficiency and transparency and objective criteria such as merit, equity and aptitude;
(b) Take appropriate procedures to select and train those who are called to occupy public positions that are considered particularly vulnerable to corruption and, where appropriate, to rotate on these positions;
(c) Promote adequate remuneration and fair salary scales, taking into account the level of economic development of the State Party;
(d) Promote the provision of education and training programs that enable them to perform their functions in a correct, honourable and adequate manner and provide them with appropriate specialized training that raises awareness of the risks of corruption inherent in the performance of their duties. These programs may refer to applicable codes or standards of conduct.
2. Each State Party shall also consider adopting appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, to establish criteria for the nomination and election to a public mandate.
3. Each State Party shall also consider adopting appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, in order to increase the transparency of the financing of candidates for an elective public mandate and, where appropriate, the financing of political parties.
4. Each State Party shall endeavour, in accordance with the fundamental principles of its domestic law, to adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interest.
Article 8
Codes of conduct of public officials
1. In order to combat corruption, each State Party encourages, inter alia, integrity, honesty and accountability among its public officials, in accordance with the fundamental principles of its legal system.
2. In particular, each State Party shall endeavour to apply, within its own institutional and legal systems, codes or standards of conduct for the correct, honourable and adequate exercise of public functions.
3. For the purposes of the application of the provisions of this Article, each State Party shall take note, as appropriate and in accordance with the fundamental principles of its legal system, of relevant initiatives of regional, interregional and multilateral organizations, such as the International Code of Conduct of Public Service Officials annexed to General Assembly resolution 51/59 of 12 December 1996.
4. Each State Party shall also consider, in accordance with the fundamental principles of its domestic law, the establishment of measures and systems to facilitate the reporting by public officials to the competent authorities of the acts of corruption which they are aware in the exercise of their functions.
5. Each State Party shall, where appropriate and in accordance with the fundamental principles of its domestic law, endeavour to establish measures and systems requiring public officials to report to the competent authorities, including any external activities, employment, investment, assets and any substantial gifts or benefits arising from a conflict of interest with their functions as a public officer.
6. Each State Party shall consider taking, in accordance with the fundamental principles of its domestic law, disciplinary or other measures against public officials who violate the codes or standards established under this article.
Article 9
Public procurement
and Financial Administration
1. Each State Party shall, in accordance with the fundamental principles of its legal system, take the necessary measures to establish appropriate public procurement systems that are based on transparency, competition and objective criteria for decision-making and that are effective, inter alia, to prevent corruption. These systems, for the purposes of which threshold values can be taken into account, include:
(a) Public dissemination of information on procurement procedures and markets, including information on tenders and relevant information on contract allocation, with sufficient time left to potential bidders to prepare and submit their bids;
(b) The establishment in advance of the terms and conditions of participation, including selection and award criteria and the rules of tendering, and their publication;
(c) The use of objective and pre-determined criteria for decision-making on public procurement, in order to facilitate further verification of the correct application of rules or procedures;
(d) An effective internal remedy system, including an effective appeal system, which ensures the exercise of legal remedies in the event of non-compliance with the rules or procedures established in accordance with this paragraph;
(e) Where appropriate, measures to regulate procurement issues, such as the requirement for a declaration of interest in certain public procurements, the selection procedures for such personnel and training requirements.
2. Each State Party shall, in accordance with the fundamental principles of its legal system, take appropriate measures to promote transparency and accountability in the management of public finances. These measures include:
(a) Procedures for the adoption of the national budget;
(b) timely disclosure of expenditure and revenues;
(c) A system of accounting and auditing standards and second-degree control;
(d) Effective risk management and internal control systems; and
(e) Where appropriate, corrective action in the event of a breach of the requirements of this subsection.
3. Each State Party shall, in accordance with the fundamental principles of its domestic law, take the necessary civil and administrative measures to preserve the integrity of books and records, financial statements or other documents relating to public expenditures and revenues and to prevent their falsification.
Article 10
Public information
In view of the need to combat corruption, each State Party shall, in accordance with the fundamental principles of its domestic law, take the necessary measures to increase the transparency of its public administration, including with regard to its organization, operation and decision-making, as appropriate. These measures may include:
(a) The adoption of procedures or regulations allowing users to obtain, where appropriate, information on the organization, operation and decision-making processes of the public administration, and, with due regard to the protection of privacy and personal data, on decisions and legal acts affecting them;
(b) Simplification, where appropriate, of administrative procedures to facilitate user access to the relevant decision-making authorities; and
(c) Publication of information, including possibly periodic reports on the risks of corruption within the public administration.
Article 11
Measures concerning judges
and prosecution services
1. In view of the independence of judges and their crucial role in the fight against corruption, each State Party shall, in accordance with the fundamental principles of its legal system, take measures to strengthen their integrity and prevent the possibility of corrupting them, without prejudice to their independence. These measures may include rules regarding their behaviour.
2. Measures in the same direction as those taken under paragraph 1 of this article may be instituted and applied within prosecution services in States Parties where they form a separate body but enjoy independence similar to that of judges.
Article 12
Private sector
1. Each State Party shall, in accordance with the fundamental principles of its domestic law, take measures to prevent corruption involving the private sector, strengthen accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal sanctions in the event of non-compliance.
2. Measures to achieve these objectives may include:
(a) Promoting cooperation between law enforcement agencies and relevant private entities;
(b) The promotion of the development of standards and procedures to preserve the integrity of the private entities concerned, including codes of conduct, so that companies and all relevant professions can exercise their activities in a correct, honourable and adequate manner, to prevent conflicts of interest and to encourage the application of good business practices by the companies between them and in their contractual relations with the State;
(c) Promoting transparency among private entities, including, where appropriate, through measures concerning the identity of natural and legal persons involved in the constitution and management of societies;
(d) The prevention of the improper use of regulatory procedures for private entities, including procedures for subsidies and licences granted by public authorities for commercial activities;
(e) The prevention of conflicts of interest by the imposition, as appropriate and for a reasonable period of time, of restrictions on the exercise of professional activities by former public officials or the employment by the private sector of public officials after their resignation or retirement, where such activities or employment are directly related to the functions that these former public officials exercised or supervised when they were in office;
(f) The application to private companies, taking into account their structure and size, of internal audits sufficient to facilitate the prevention and detection of acts of corruption and the submission of accounts and financial statements required by these private companies to appropriate audit and certification procedures.
3. In order to prevent corruption, each State Party shall take the necessary measures, in accordance with its domestic laws and regulations concerning the maintenance of books and accounting records, the publication of information on financial statements and accounting and auditing standards, to prohibit the following acts from being carried out in order to commit any of the offences established in accordance with this Convention:
(a) Off-book accounts;
(b) Off-book or insufficiently identified operations;
(c) Registration of non-existent expenditures;
(d) Recording of liabilities that are not properly identified;
(e) The use of false documents; and
(f) The intentional destruction of accounting records earlier than the law provides.
4. Each State Party shall refuse the tax deductibility of expenses that constitute bribes, the payment of which shall be one of the constituent elements of the offences established in accordance with Articles 15 and 16 of this Convention and, where appropriate, other expenses incurred for purposes of corruption.
Article 13
Participation of society
1. Each State Party shall take appropriate measures, within its means and in accordance with the fundamental principles of its domestic law, to promote the active participation of persons and groups not belonging to the public sector, such as civil society, non-governmental organizations and communities of persons, in the prevention of corruption and in the fight against it, and to increase public awareness of the existence, causes and seriousness of corruption and the threat posed by it. Such participation should be strengthened through measures such as:
(a) Increase transparency of decision-making processes and promote public participation in these processes;
(b) Ensure effective public access to information;
(c) Undertake public information activities that encourage it not to tolerate corruption, as well as public education programs, especially in schools and universities;
(d) Respect, promote and protect the freedom to seek, receive, publish and disseminate information on corruption. Such freedom may be subject to certain restrictions, which, however, must be prescribed by law and necessary:
(i) Respect for the rights or reputation of others;
(ii) Protection of national security or public order, or public health or morals.
2. Each State Party shall take appropriate measures to ensure that the competent anti-corruption bodies referred to in this Convention are known to the public and that they are accessible, where appropriate, to ensure that all acts that may be considered to be an offence established in accordance with this Convention may be reported to them, including under anonymity.
Article 14
Measures to prevent money laundering
1. Each State Party:
(a) Establishes a comprehensive internal regulatory and control regime for banks and non-bank financial institutions, including natural or legal persons who provide formal or informal services for the transmission of funds or values, as well as, where appropriate, other entities that are particularly vulnerable to money-laundering, within the limits of their jurisdiction, in order to discourage and detect all forms of money-laundering. This regime focuses on client identification requirements and, where appropriate, economic rights, transaction registration and reporting of suspicious transactions;
(b) Ensure, without prejudice to Article 46 of this Convention, that the administrative, regulatory, law enforcement and other anti-money laundering authorities (including, in cases where its domestic law provides, the judicial authorities) are in a position to cooperate and exchange information at the national and international levels, under the conditions defined by its domestic law and, to that end, envisage the creation of a national intelligence service
2. States Parties shall consider the implementation of feasible measures to detect and monitor the transboundary movement of appropriate negotiable species and securities, subject to safeguards to ensure the correct use of information and without impeding in any way the circulation of licit capital. In particular, individuals and businesses may be required to report cross-border transfers of significant quantities of appropriate species and negotiable securities.
3. States Parties shall consider implementing appropriate and feasible measures to require financial institutions, including transfer companies:
(a) That they record on the forms and in the messages concerning electronic transfers of funds accurate and useful information about the order donor;
(b) Keep this information throughout the payment chain; and
(c) That they exercise increased surveillance on transfers of unaccompanied funds with full information on the order donor.
4. In establishing an internal regulation and control regime under this article, and without prejudice to any other article of this Convention, States Parties are invited to draw on relevant initiatives taken by regional, interregional and multilateral organizations to combat money-laundering.
5. States Parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation between judicial authorities, law enforcement agencies and financial regulatory authorities with a view to combating money-laundering.
Chapter III
Criminalization, law enforcement
Article 15
Corruption of national public officials
Each State Party shall adopt the necessary legislative and other measures to confer the character of a criminal offence, where the acts have been committed intentionally:
(a) Promise, offer or grant to a public officer, directly or indirectly, an undue benefit, for himself or another person or entity, in order that he or she perform or abstain from performing an act in the performance of his or her official duties;
(b) For a public officer to seek or accept, directly or indirectly, an undue benefit, for himself or for another person or entity, in order to perform or refrain from performing an act in the performance of his or her official duties.
Article 16
Corruption of foreign public officials and public servants
International Public Organizations
1. Each State Party shall adopt the necessary legislative and other measures to confer the character of a criminal offence, where the acts have been committed intentionally, by proving, offering or granting to a foreign public official or an official of a public international organization, directly or indirectly, an undue benefit, for itself or for another person or entity, in order that he or she may perform or abstain from performing any official business
2. Each State Party shall consider adopting the necessary legislative and other measures to confer the character of a criminal offence, where the acts have been committed intentionally, by way of a foreign public official or an official of a public international organization, to solicit or accept, directly or indirectly, an undue benefit, for itself or for another person or entity, in order to perform or refrain from carrying out an official act in the State Party's office.
Article 17
Subtraction, diversion or other illicit use
of property by a public official
Each State Party shall adopt the necessary legislative and other measures to confer the character of a criminal offence, where the acts have been committed intentionally, by subtraction, diversion or other unlawful use, by a public official, for his or her benefit or for the benefit of another person or entity, of all property, of any public or private funds or values or of any other value that has been given to him or her due to his or her functions.
Article 18
Trafic d'influence
Each State Party shall consider adopting the necessary legislative and other measures to confer criminal offences, where the acts have been committed intentionally:
(a) Promise, offer or grant to a public officer or any other person, directly or indirectly, an undue advantage so that the official or the person abuses his or her actual or supposed influence in order to obtain from an administration or public authority of the State Party an undue advantage for the initial instigator of the act or for any other person;
(b) By the fact, for a public officer or any other person, to seek or accept, directly or indirectly, an undue advantage for himself or herself or for another person in order to abuse his or her actual or supposed influence in order to obtain from an administration or public authority of the State Party an undue advantage.
Article 19
Abuse of functions
Each State Party shall consider adopting the necessary legislative and other measures to confer the character of a criminal offence, where the act has been committed intentionally, by a public official to abuse his or her functions or position, i.e. to perform or refrain from performing, in the performance of his or her functions, an act in violation of the laws in order to obtain an undue benefit for himself or herself.
Rule 20
Illicit enrichment
Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider adopting the necessary legislative and other measures to confer the character of a criminal offence, where the act has been committed intentionally, to the illicit enrichment, that is, a substantial increase in the heritage of a public officer that the public officer cannot reasonably justify in relation to his legitimate revenues.
Article 21
Corruption in the private sector
Each State Party shall consider adopting the necessary legislative and other measures to confer criminal offences, where the acts have been committed intentionally in the context of economic, financial or commercial activities:
(a) Promise, offer or grant, directly or indirectly, an undue benefit to any person who directs a private sector entity or works for such an entity, in any capacity, for himself or another person, so that, in violation of his or her duties, he or she fails to perform an act;
(b) By the way, for any person who directs a private sector entity or works for such an entity, in any capacity, to solicit or accept, directly or indirectly, an undue benefit, for himself or another person, in order to perform or refrain from performing an act in violation of his or her duties.
Article 22
Subtraction of property in the private sector
Each State Party shall consider adopting the necessary legislative and other measures to confer the character of a criminal offence, where the act has been committed intentionally in the context of economic, financial or commercial activities, to the subtraction by a person who directs a private sector entity or works for such an entity, in any capacity, of any property, private funds or values or of any other value that has been given to it because of its functions.
Article 23
Laundering of proceeds of crime
1. Each State Party shall, in accordance with the fundamental principles of its domestic law, adopt such legislative and other measures as may be necessary to confer criminal offences, where the acts have been committed intentionally:
(a) (i) The conversion or transfer of property to which the person who is engaged knows that they are the proceeds of the crime, with the aim of concealing or disguising the illicit origin of the said property or helping any person who is involved in the commission of the main offence to escape the legal consequences of its acts;
(ii) The concealment or disguise of the true nature, origin, location, disposition, movement or ownership of the property or rights of which the author knows that they are the product of the crime;
(b) Subject to the fundamental concepts of its legal system:
(i) When the acquisition, possession or use of property of which the person acquires, holds or uses it, at the time of receipt, knows that they are the proceeds of the crime;
(ii) Participation in any of the offences established in accordance with this section or any association, agreement, attempt or complicity by provision of assistance, assistance or advice for the commission.
2. For the purposes of paragraph 1 of this Article:
(a) Each State Party shall endeavour to apply paragraph 1 of this article to the widest range of main offences;
(b) Each State Party shall include in the principal offences a full range of criminal offences established in accordance with this Convention;
(c) For the purposes of paragraph (b) above, the main offences include offences committed within and outside the territory under the jurisdiction of the State Party in question. However, an offence committed outside the territory under the jurisdiction of a State Party shall be a principal offence only when the corresponding act is a criminal offence in the domestic law of the State in which it was committed and would constitute a criminal offence in the domestic law of the State Party applying this article if it had been committed in its territory;
(d) Each State Party shall give the Secretary-General of the United Nations a copy of its laws that give effect to this article and any subsequent amendments to these laws or a description of those laws and subsequent amendments;
(e) Where the fundamental principles of the domestic law of a State Party require it, it may be disposed that the offences set out in paragraph 1 of this article do not apply to persons who committed the main offence.
Article 24
Recel
Without prejudice to the provisions of Article 23 of this Convention, each State Party shall consider adopting the necessary legislative and other measures to confer the character of a criminal offence, where the acts have been committed intentionally after the commission of any of the offences established in accordance with this Convention without participation in such offences, by concealing or retaining property on an ongoing basis knowing that such property is derived from any of the offences established in accordance with this Convention.
Rule 25
Enduring the proper functioning of justice
Each State Party shall adopt the necessary legislative and other measures to confer the character of a criminal offence, where the acts have been committed intentionally:
(a) By resorting to physical force, threats or intimidation or to promise, offer or give an undue benefit to obtain false testimony or to prevent testimony or evidence in a procedure in relation to the commission of offences established in accordance with this Convention;
(b) By using physical force, threats or intimidation to prevent a law enforcement officer or a law enforcement officer from exercising their duties in relation to the commission of offences established in accordance with this Convention. Nothing in this paragraph affects the right of States Parties to have legislation to protect other categories of public officials.
Rule 26
Liability of legal persons
1. Each State Party shall adopt the necessary measures, in accordance with its legal principles, to establish liability for legal persons participating in the offences established in accordance with this Convention.
2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.
3. This responsibility is without prejudice to the criminal responsibility of natural persons who have committed the offences.
4. Each State Party shall, in particular, ensure that legal persons held responsible in accordance with this article are subject to effective, proportionate and deterrent sanctions of a criminal or non-criminal nature, including monetary penalties.
Rule 27
Participation and attempted
1. Each State Party shall adopt the necessary legislative and other measures to confer the character of a criminal offence, in accordance with its domestic law, by participating in any capacity, for example as an accomplice, other assistant or instigator, in an offence established in accordance with this Convention.
2. Each State Party may adopt the necessary legislative and other measures to confer the criminal offence, in accordance with its domestic law, in an attempt to commit an offence established in accordance with this Convention.
3. Each State Party may adopt the necessary legislative and other measures to confer the criminal offence, in accordance with its domestic law, on the preparation of an offence established in accordance with this Convention.
Rule 28
Knowledge, intent and motivation
as elements of an offence
The knowledge, intent or motivation required as elements of an offence established under this Convention may be deducted from objective factual circumstances.
Rule 29
Prescription
Where applicable, each State Party shall, within the framework of its domestic law, establish a long statute of limitations in which proceedings may be brought by the head of any of the offences established in accordance with this Convention and shall establish a longer period or suspend the statute of limitations when the alleged perpetrator of the offence has withdrawn from justice.
Rule 30
Judicial proceedings, judgement and sanctions
1. Each State Party shall make the commission of an offence established in accordance with this Convention punishable by penalties that take into account the gravity of this offence.
2. Each State Party shall take the necessary measures to establish or maintain, in accordance with its legal system and constitutional principles, an appropriate balance between all immunities or privileges of jurisdiction granted to its public officials in the performance of their functions, and the possibility, if necessary, to seek, prosecute and judge effectively the offences established in accordance with this Convention.
3. Each State Party shall endeavour to ensure that any discretionary judicial power conferred by its domestic law and related to the prosecution of persons for offences established in accordance with this Convention shall be exercised in such a way as to maximize the effectiveness of the law enforcement measures for such offences, with due regard to the need to exercise a deterrent effect with respect to their commission.
4. With regard to offences established pursuant to this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to ensure that the conditions to which release decisions are subordinated pending the judgment or appeal proceedings take into account the need to ensure the presence of the defendant in subsequent criminal proceedings.
5. Each State Party shall take into account the seriousness of the offences concerned when considering the possibility of early or conditional release of persons convicted of such offences.
6. Each State Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures to allow, where appropriate, the competent authority to revoke, suspend or transfer a public official accused of an offence established in accordance with this Convention, bearing in mind the principle of innocence presumption.
7. Where the gravity of the offence warrants it, each State Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures for detaining, by judicial decision or by any other appropriate means, for a period determined by its domestic law, persons convicted of offences established in accordance with this Law Convention:
(a) To exercise a public service; and
(b) To exercise a function in a company whose state is wholly or partially owned.
8. Paragraph 1 of this Article shall be without prejudice to the exercise of disciplinary powers by the competent authorities against public servants.
9. Nothing in this Convention shall affect the principle that the definition of offences established in accordance with this Convention and applicable legal means of defence or other legal principles governing the legality of incriminations shall be exclusively within the domestic law of a State Party and that such offences shall be prosecuted and punished in accordance with that right.
10. States Parties shall endeavour to promote the reintegration into society of persons convicted of offences established in accordance with this Convention.
Rule 31
Gel, seizure and confiscation
1. Each State Party shall, to the extent possible within its domestic legal system, take the necessary measures to enable confiscation:
(a) Proceeds of crime derived from offences established in accordance with this Convention or property valued at that of that product;
(b) Goods, materials or other instruments used or intended to be used for offences established in accordance with this Convention.
2. Each State Party shall take the necessary measures to enable the identification, location, freezing or seizure of anything referred to in paragraph 1 of this article for the purpose of forfeiture.
3. Each State Party shall adopt, in accordance with its domestic law, the necessary legislative and other measures to regulate the administration by the competent authorities of frozen, seized or confiscated property referred to in paragraphs 1 and 2 of this article.
4. If the proceeds of the crime have been transformed or converted, in part or in whole, into other property, they may be subject to the measures referred to in this section in place of the said product.
5. If this proceeds of crime have been combined with property acquired legitimately, these assets, without prejudice to any power of freezing or seizure, are confiscable to the estimated value of the product that has been mixed with them.
6. Revenues or other benefits derived from this proceeds of crime, property in which the product has been transformed or converted or property to which it has been intermingled may also be subject to the measures referred to in this section, in the same manner and to the same extent as the proceeds of the crime.
7. For the purposes of this Article and Article 55 of this Convention, each State Party shall empower its courts or other competent authorities to order the production or seizure of bank, financial or commercial documents. A State Party may not invoke bank secrecy to refuse to give effect to the provisions of this paragraph.
8. States Parties may consider requiring that the perpetrator of an offence establish the lawful origin of the alleged proceeds of the crime or other confiscable property, to the extent that this requirement is consistent with the fundamental principles of their domestic law and the nature of judicial and other proceedings.
9. The interpretation of the provisions of this article shall in no case affect the rights of third parties in good faith.
10. Nothing in this article shall affect the principle that the measures referred to therein are defined and implemented in accordance with the provisions of the domestic law of each State Party and subject to them.
Rule 32
Protection of witnesses, experts and victims
1. Each State Party shall, in accordance with its domestic legal system and within its means, take appropriate measures to ensure effective protection against possible acts of reprisal or intimidation to witnesses and experts who file offences under this Convention and, where appropriate, to their parents and other persons close to them.
2. The measures envisaged in paragraph 1 of this article may include, without prejudice to the rights of the defendant, including the right to due process:
(a) To establish procedures for the physical protection of these persons, including, as appropriate and to the extent practicable, to provide them with a new home and to allow, where appropriate, information about their identity and where they are located, to be not disclosed or limited to their disclosure;
(b) Provide for rules of evidence that allow witnesses and experts to file in a manner that ensures their safety, including allowing them to file using communication techniques such as video links or other appropriate means.
3. States Parties shall consider entering into agreements or arrangements with other States with a view to providing a new domicile to the persons mentioned in paragraph 1 of this article.
4. The provisions of this section also apply to victims when they are witnesses.
5. Each State Party, subject to its domestic law, shall ensure that the views and concerns of the victims are presented and taken into account at the appropriate stages of the criminal proceedings against the perpetrators in a manner that does not prejudice the rights of the defence.
Rule 33
Protection of persons
who communicates information
Each State Party shall consider incorporating into its domestic legal system appropriate measures to ensure protection against any unjustified treatment of any person who reports to the competent authorities, in good faith and on the basis of reasonable suspicions, all facts concerning the offences established in accordance with this Convention.
Rule 34
Consequences of acts of corruption
With due regard to the rights of third parties acquired in good faith, each State Party shall, in accordance with the fundamental principles of its domestic law, take measures to address the consequences of corruption. In this context, States Parties may consider corruption as a relevant factor in judicial proceedings in order to decide on the cancellation or rescission of a contract, the withdrawal of a concession or any other similar legal act or to take any other corrective action.
Rule 35
Reparation of damage
Each State Party shall take the necessary measures, in accordance with the principles of its domestic law, to give the entities or persons who have suffered damage as a result of an act of corruption the right to initiate legal proceedings against those responsible for such harm in order to obtain redress.
Rule 36
Specialized authorities
Each State Party shall, in accordance with the fundamental principles of its legal system, ensure that one or more bodies or persons specialized in the fight against corruption by law enforcement. Such bodies or persons shall be granted the necessary independence, in accordance with the fundamental principles of the State Party's legal system, in order to exercise their functions effectively and without any undue influence. Such persons or staff of such bodies should be trained and appropriate resources to perform their duties.
Rule 37
Cooperation with detection services
and Repression
1. Each State Party shall take appropriate measures to encourage persons who participate or have participated in the commission of an offence established in accordance with this Convention to provide the competent authorities with relevant information for the purposes of investigation and research of evidence, as well as factual and concrete assistance that may help to deprive the perpetrators of the offence of the proceeds of the crime and to recover that product.
2. Each State Party shall consider providing for the possibility, in appropriate cases, of alleviating the punishment of an accused person who substantially cooperates with the investigation or prosecution of an offence established in accordance with this Convention.
3. Each State Party shall consider the possibility, in accordance with the fundamental principles of its domestic law, to grant immunity from prosecution to a person who substantially cooperates in the investigation or prosecution of an offence established in accordance with this Convention.
4. The protection of these persons is ensured, mutatis mutandis, as provided for in article 32 of this Convention.
5. Where a person referred to in paragraph 1 of this article and located in a State Party may provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider entering into agreements or arrangements, in accordance with their domestic law, with respect to the possibility of granting by the other State Party the treatment described in paragraphs 2 and 3 of this article.
Rule 38
Cooperation between national authorities
Each State Party shall take the necessary measures to encourage, in accordance with its domestic law, cooperation between, on the one hand, its public authorities and public officials and, on the other, its authorities responsible for the investigation and prosecution of criminal offences. This cooperation may consist of:
(a) For the first to inform, on their own initiative, the second when there are reasonable grounds to consider that one of the offences established in accordance with Articles 15, 21 and 23 of this Convention has been committed; or
(b) For the first to provide, on request, to the second all necessary information.
Rule 39
Cooperation between national authorities
private sector
1. Each State Party shall take the necessary measures to encourage, in accordance with its domestic law, cooperation between national investigating and prosecuting authorities and private sector entities, in particular financial institutions, on matters relating to the commission of offences established in accordance with this Convention.
2. Each State Party shall consider encouraging its nationals and other persons with their habitual residence in its territory to report to the national authorities responsible for the investigation and prosecution of an offence established in accordance with this Convention.
Rule 40
Bank secrecy
Each State Party shall ensure, in the event of national judicial investigations into offences established in accordance with this Convention, that appropriate mechanisms are in its domestic legal system to overcome the obstacles that may arise from the application of bank secrecy laws.
Rule 41
Judicial history
Each State Party may adopt the necessary legislative or other measures to take into account, under the conditions and for the purposes it deems appropriate, any conviction that the alleged perpetrator of an offence has previously been subjected to in another State, in order to use that information in a criminal procedure relating to an offence established in accordance with this Convention.
Rule 42
Jurisdiction
1. Each State Party shall adopt the necessary measures to establish its jurisdiction over the offences established in accordance with this Convention in the following cases:
(a) When the offence is committed in its territory; or
(b) When the offence is committed on board a vessel that is flying its flag or on board an aircraft registered in accordance with its domestic law at the time the offence is committed.
2. Subject to Article 4 of this Convention, a State Party may also establish jurisdiction over any of these offences in the following cases:
(a) When the offence is committed against one of its nationals; or
(b) When the offence is committed by one of its nationals or by a stateless person habitually residing in its territory; or
(c) Where the offence is one of those established in accordance with paragraph 1 (b) (ii) of Article 23 of this Convention and is committed outside its territory for the commission, on its territory, of an offence established in accordance with subparagraphs (a) (i) or (ii) or (b) (i) of Article 23(1) of this Convention; or
(d) When the offence is committed against him.
3. For the purposes of Article 44 of this Convention, each State Party shall take the necessary measures to establish its jurisdiction over the offences established in accordance with this Convention when the alleged perpetrator is present in its territory and does not extradite that person on the sole ground that he is one of its nationals.
4. Each State Party may also take the necessary steps to establish its jurisdiction over the offences established in accordance with this Convention when the alleged perpetrator is in its territory and does not extradite it.
5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that other States Parties conduct an investigation or have initiated proceedings or judicial proceedings concerning the same act, the competent authorities of such States Parties shall consult, as appropriate, to coordinate their actions.
6. Without prejudice to the norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.
Chapter IV
International cooperation
Rule 43
International cooperation
1. States Parties shall cooperate in criminal matters in accordance with articles 44 to 50 of this Convention. Where appropriate and in accordance with their domestic legal system, States Parties shall consider providing mutual assistance in the investigations and procedures for civil and administrative cases relating to corruption.
2. With regard to international cooperation, whenever dual criminalization is considered a condition, it is deemed to be satisfied that the legislation of the requested State Party qualifies or designates the offence in the same manner as the requesting State Party, if the act constituting the offence for which assistance is sought is a criminal offence under the laws of the two States Parties.
Rule 44
Extradition
1. This article applies to offences established in accordance with this Convention when the person subject to the extradition request is in the territory of the requested State Party, provided that the offence for which the extradition is requested is punishable by the domestic law of the requesting State Party and the requested State Party.
2. Notwithstanding the provisions of paragraph 1 of this article, a State Party whose laws permit it may grant the extradition of a person for any of the offences covered by this Convention that are not punishable under its domestic law.
3. If the extradition request relates to a number of separate offences, including at least one of which is extradited under this article and some of which are not extradited because of the length of imprisonment but are related to offences established in accordance with this Convention, the requested State Party may apply this article also to such offences.
4. Each of the offences to which this article applies shall be in full law included in any extradition treaty in force between the States Parties as an offence to which the author may be extradited. States Parties undertake to include these offences as offences which the author may be extradited into any extradition treaty that they will conclude between them. A State Party whose legislation allows it, when based on this Convention for Extradition, shall not consider any of the offences established in accordance with this Convention as a political offence.
5. If a State Party that subordinates extradition to the existence of a treaty receives a request for extradition from a State Party with which it has not entered into such a treaty, it may consider this Convention as the legal basis for extradition for offences to which this article applies.
6. A State Party that subordinates extradition to the existence of a treaty:
(a) At the time of the deposit of its instrument of ratification, acceptance, approval or accession to this Convention, indicates to the Secretary-General of the United Nations whether he considers this Convention to be the legal basis for cooperating in extradition with other States Parties; and
(b) If it does not consider this Convention as the legal basis for cooperation in extradition matters, it shall endeavour, where appropriate, to conclude extradition treaties with other States Parties in order to apply this Article.
7. States Parties that do not subordinate extradition to the existence of a treaty shall recognize between them the offences to which this article applies the offence to which the author may be extradited.
8. Extradition shall be subject to the conditions laid down in the domestic law of the requested State Party or the applicable extradition treaties, including, inter alia, the conditions for the minimum penalty required for extradition and the grounds for which the requested State Party may refuse extradition.
9. States Parties shall endeavour, subject to their domestic law, to expedite extradition proceedings and to simplify the evidentiary requirements in respect of the offences to which this article applies.
10. Subject to the provisions of its domestic law and the extradition treaties it has concluded, the requested State Party may, at the request of the requesting State Party and if it considers that the circumstances warrant it and that there is an urgent need, place in detention a person present in its territory whose extradition is requested or take in respect of it other appropriate measures to ensure his presence in the extradition proceedings.
11. A State Party in the territory of which the alleged perpetrator of an offence is located, if it does not extradite the person under an offence to which this article applies solely on the grounds that he is one of its nationals, is required, at the request of the requesting State Party, to submit the case without excessive delay to its competent authorities for the purposes of prosecution. Such authorities shall take their decision and prosecute in the same manner as any other serious offence under the domestic law of that State Party. Interested States Parties shall cooperate with each other, including on procedural and evidence, to ensure the effectiveness of the proceedings.
12. Where a State Party, under its domestic law, is permitted to extradite or surrender in any other manner any of its nationals only if that person is then returned to its territory to serve the sentence pronounced at the end of the trial or proceedings at the origin of the request for extradition or surrender, and where that State Party and the requesting State agree on this option and to consider other conditions that they may impose on it,
13. If the extradition, requested for the purpose of enforcement of a sentence, is refused because the person subject to that request is a national of the requested State Party, the State Party, if its domestic law allows it, in accordance with the requirements of that right and at the request of the requesting State Party, envisages the enforcement of the sentence imposed in accordance with the domestic law of the requesting State Party, or re-existing it.
14. Any person who is prosecuted for any of the offences to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including the enjoyment of all rights and guarantees under the domestic law of the State Party in the territory of which it is located.
15. Nothing in this Convention shall be construed as requiring the requested State Party to extradite if it has serious grounds for believing that the application has been submitted for the purpose of prosecuting or punishing a person on the basis of his or her sex, race, religion, nationality, ethnic origin or political opinion, or that following this request would cause harm to that person on any of these grounds.
16. States Parties may not refuse an extradition request on the sole ground that the offence is also considered to be related to tax matters.
17. Before refusing extradition, the requested State Party shall consult, as appropriate, the requesting State Party in order to give it any opportunity to present its views and to provide information in support of its allegations.
18. States Parties shall endeavour to conclude bilateral and multilateral agreements or arrangements to permit extradition or to increase its effectiveness.
Rule 45
Transfer of convicted persons
States Parties may consider entering into bilateral or multilateral agreements or arrangements relating to the transfer of persons sentenced to imprisonment or other custodial sentences on their territory as a result of offences established in accordance with this Convention so that they may serve the remainder of their sentences.
Rule 46
Mutual legal assistance
1. States Parties shall mutually agree with the widest possible mutual legal assistance in the investigation, prosecution and judicial proceedings of the offences covered by this Convention.
2. The widest possible mutual legal assistance is granted, as far as the relevant laws, treaties, agreements and arrangements of the requested State Party permit, in investigations, prosecutions and judicial proceedings concerning the offences of which a legal person may be held liable in the requesting State Party, in accordance with Article 26 of this Convention.
3. The mutual legal assistance granted under this section may be requested for the following purposes:
(a) Collect testimony or statements;
(b) To sign judicial acts;
(c) Conduct searches and seizures, as well as gels;
(d) Examine objects and visit places;
(e) Provide information, evidence and expert estimates;
(f) Provide originals or certified copies of relevant documents and records, including administrative, banking, financial or commercial documents and corporate documents;
(g) Identify or locate proceeds of crime, property, instruments or other things to collect evidence;
(h) Facilitate the voluntary appearance of persons in the requesting State Party;
(i) Provide any other type of assistance consistent with the domestic law of the requested State Party;
(j) Identify, freeze and locate the proceeds of crime in accordance with the provisions of chapter V of this Convention;
(k) Recover assets in accordance with the provisions of Chapter V of this Convention.
4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, provide information relating to criminal matters to a competent authority of another State Party, if they believe that such information could help the State Party to undertake or carry out criminal investigations and prosecutions, or cause the State Party to make an application under this Convention.
5. The communication of information pursuant to paragraph 4 of this article shall be carried out without prejudice to criminal investigations and prosecutions in the State of which the competent authorities provide the information. Competent authorities that receive this information shall, at any request that such information be kept confidential, even temporarily, or that its use be restricted. However, this does not prevent the State Party receiving the information from revealing, during the judicial proceedings, information to the discharge of an accused person. In the latter case, the State Party that receives the information shall notify the State Party that communicates them before the disclosure, and if so requested, shall consult the State Party. If, in an exceptional case, prior notification is not possible, the State Party which receives the information shall without delay inform the State Party which communicates them.
6. The provisions of this Article shall not affect any obligations arising from any other bilateral or multilateral treaty governing or to govern, wholly or partially, mutual legal assistance.
7. Paragraphs 9 to 29 of this Article shall apply to requests made under this Article if the States Parties in question are not bound by a mutual legal assistance treaty. If the said States Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States Parties agree to apply in their place the provisions of paragraphs 9 to 29 of this article. States Parties are strongly encouraged to apply these paragraphs if they facilitate cooperation.
8. States Parties shall not invoke bank secrecy to refuse mutual legal assistance under this Article.
9. (a) Where, pursuant to this article, a request for assistance in the absence of dual criminality, a requested State Party shall take into account the purpose of this Convention as set out in Article 1;
(b) States Parties may invoke the absence of dual criminality to refuse to provide assistance under this Article. However, a requested State Party, when compatible with the fundamental concepts of its legal system, grants the requested assistance if it does not involve coercive measures. Such assistance may be denied where the request relates to minor issues or questions for which the cooperation or assistance sought may be obtained on the basis of other provisions of this Convention;
(c) Each State Party may consider taking the necessary measures to enable it to provide broader assistance under this article, in the absence of dual criminality.
10. Any person detained or serving a sentence in the territory of a State Party, whose presence is required in another State Party for the purpose of identifying or testifying or otherwise assisting in obtaining evidence in the course of investigations, prosecutions or judicial proceedings relating to the offences covered by this Convention, may be transferred if the following conditions are met:
(a) The said person freely and knowingly consents to it;
(b) The competent authorities of the two States Parties concerned consent, subject to such conditions as those States Parties may consider appropriate.
11. For the purposes of paragraph 10 of this article:
(a) The State Party to which the person is transferred has the power and obligation to keep the person in custody, unless otherwise requested or authorized by the State Party from which it was transferred;
(b) The State Party to which the person is transferred shall fulfil without delay the obligation to hand it over to the custody of the State Party from which it has been transferred, in accordance with what has been previously agreed or otherwise decided by the competent authorities of the two States Parties;
(c) The State Party to which the person is transferred shall not require the State Party from which it has been transferred to initiate an extradition procedure for surrender to the State Party;
(d) It shall be taken into account the period that the person held in the State Party to which he was transferred for the purpose of counting the sentence to be served in the State Party from which he was transferred.
12. Unless the State Party from which a person is to be transferred under paragraphs 10 and 11 of this article gives its consent, the said person, irrespective of his nationality, is not prosecuted, detained, punished or subjected to other restrictions of his personal liberty in the territory of the State Party to which he is transferred on account of acts, omissions or convictions prior to his departure from the State Party to its transfer
13. Each State Party shall designate a central authority that has the responsibility and authority to receive and either execute requests for mutual legal assistance or to transmit them to the competent authorities for execution. If a State Party has a region or special territory with a different mutual legal assistance system, it may designate a separate central authority that will have the same function for that region or territory. Central authorities ensure the timely and proper execution or transmission of requests received. If the central authority transmits the application to a competent authority for enforcement, it shall encourage the prompt and proper execution of the application by the competent authority. The central authority designated for this purpose shall be notified to the Secretary-General of the United Nations when each State Party deposits its instrument of ratification, acceptance or approval or accession to this Convention. Requests for mutual legal assistance and any related communication are transmitted to the central authorities designated by the States Parties. This provision is without prejudice to the right of any State Party to require that such requests and communications be sent to it by diplomatic means and, in the event of an emergency, if the States Parties so agree, through the International Criminal Police Organization, if possible.
14. Requests shall be sent in writing or, if possible, by any other means that may produce a written document in a language acceptable to the requested State Party, under conditions allowing the State Party to establish its authenticity. The acceptable language(s) for each State Party shall be notified to the Secretary-General of the United Nations at the time that the said State Party deposits its instrument of ratification, acceptance or approval or accession to this Convention. In the event of an emergency and if the States Parties agree, requests may be made orally but must be confirmed without delay in writing.
15. A mutual legal assistance request must contain the following information:
(a) The designation of the authority whose application emanates;
(b) The subject matter and nature of the investigation, prosecution or judicial proceedings to which the application relates, as well as the name and functions of the authority responsible for it;
(c) A summary of the relevant facts, except for applications for the purpose of serving judicial acts;
(d) A description of the assistance required and the details of any particular procedure that the requesting State Party wishes to have applied;
(e) If possible, the identity, address and nationality of any person concerned; and
(f) The purpose in which testimony, information or measures are requested.
16. The requested State Party may request additional information when it appears necessary to execute the request in accordance with its domestic law or when it may facilitate its execution.
17. Any application shall be carried out in accordance with the domestic law of the requested State Party and, to the extent that it does not contravene the domestic law of the requested State Party and where possible, in accordance with the procedures specified in the application.
18. Where possible and in accordance with the fundamental principles of domestic law, if a person in the territory of a State Party is to be heard as a witness or as an expert by the judicial authorities of another State Party, the first State Party may, at the request of the other State Party, authorize its hearing by videoconference if it is not possible or desirable that it appear in person in the territory of the requesting State Party. States Parties may agree that the hearing shall be conducted by a judicial authority of the requesting State Party and that a judicial authority of the requested State Party shall attend.
19. The requesting State Party shall not disclose or use the information or evidence provided by the requested State Party for investigations, prosecutions or judicial proceedings other than those referred to in the application without the prior consent of the requested State Party. Nothing in this paragraph prevents the requesting State Party from revealing information or evidence at the time of the proceedings. In this case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if requested, consult the requested State Party. If, in an exceptional case, prior notification is not possible, the requesting State Party shall promptly inform the requested State Party of the revelation.
20. The requesting State Party may require that the requested State Party keep the secret on the application and its content, except to the extent necessary to enforce it. If the requested State Party cannot meet this requirement, it shall promptly inform the requesting State Party.
21. Mutual legal assistance may be denied:
(a) If the application is not made in accordance with the provisions of this Article;
(b) If the requested State Party considers that the execution of the request is likely to affect its sovereignty, security, public order or other essential interests;
(c) In the event that the domestic law of the requested State Party would prohibit its authorities from taking the measures requested if it were a similar offence that had been investigated, prosecuted or prosecuted within its own jurisdiction;
(d) Should it be contrary to the legal system of the requested State Party concerning mutual legal assistance to accept the request.
22. States Parties may not refuse an application for mutual legal assistance on the sole ground that the offence is also considered to be related to tax matters.
23. Any refusal of mutual legal assistance must be motivated.
24. The requested State Party shall carry out the request for mutual legal assistance as expeditiously as possible and shall take into account, to the extent possible, any deadlines suggested by the requesting State Party and which are motivated, preferably in the application. The requesting State Party may submit reasonable requests for information on the status of progress of the measures taken by the requested State Party to apply. The requested State Party shall respond to reasonable requests from the requesting State Party regarding the progress made in the execution of the request. When the requested assistance is no longer necessary, the requesting State Party shall promptly inform the requested State Party.
25. Mutual legal assistance may be postponed by the requested State Party on the grounds that it would impede ongoing investigation, prosecution or judicial proceedings.
26. Before refusing an application under paragraph 21 of this article or deferring its execution under paragraph 25, the requested State Party shall study with the requesting State Party the possibility of granting assistance subject to such conditions as it deems necessary. If the requesting State Party accepts assistance subject to these conditions, it shall comply with those conditions.
27. Without prejudice to the application of paragraph 12 of this article, a witness, expert or other person who, at the request of the requesting State Party, consents to file in a proceeding or to cooperate in an investigation, prosecution or judicial proceedings in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to other restrictions of his personal liberty in that territory on the basis of acts, prior omissions This immunity ceases when the witness, expert or person having, for a period of fifteen consecutive days or any other period agreed upon by the States Parties from the date on which they were formally informed that their presence was no longer required by the judicial authorities, the possibility of leaving the territory of the requesting State Party, however, remained voluntarily or, having left, returned voluntarily.
28. The ordinary costs incurred in carrying out an application shall be borne by the requested State Party, unless otherwise agreed between the States Parties concerned. When significant or extraordinary expenditures are or are subsequently necessary to implement the application, States Parties shall consult to determine the conditions under which the application will be carried out, as well as the manner in which the costs will be incurred.
29. The requested State Party:
(a) Provides the requesting State Party with copies of records, documents or administrative information in its possession and to which, under its domestic law, the public has access;
(b) May, at its option, provide the requesting State Party in full, in part or under the conditions it considers appropriate, with a copy of any records, documents or administrative information in its possession and to which, under its domestic law, the public has no access.
30. States Parties shall consider, where appropriate, the possibility of entering into bilateral or multilateral agreements or arrangements that serve the purposes of this Article, shall implement or strengthen its provisions.
Rule 47
Transfer of criminal proceedings
States Parties shall consider the possibility of mutual transfer of proceedings relating to the prosecution of an offence established in accordance with this Convention in cases where such transfer is deemed necessary in the interest of good administration of justice and, in particular, where several jurisdictions are concerned, with a view to centralizing the proceedings.
Rule 48
Cooperation between detection services
and Repression
1. States Parties shall cooperate closely, in accordance with their respective legal and administrative systems, with a view to enhancing the effectiveness of the law enforcement of the offences covered by this Convention. In particular, States Parties shall take effective measures to:
(a) Strengthen the channels of communication between their competent authorities, agencies and services and, where necessary, establish them in order to facilitate the safe and timely exchange of information on all aspects of the offences covered by this Convention, including, if the States Parties concerned deem it appropriate, links with other criminal activities;
(b) Cooperate with other States Parties, with respect to the offences covered by this Convention, in conducting investigations into the following:
(i) Identity and activities of persons suspected of involvement in such offences, where they are located or where the other persons concerned are located;
(ii) Movement of proceeds of crime or property derived from the commission of such offences;
(iii) Movement of goods, materials or other instruments used or intended to be used in the commission of such offences;
(c) Provide, where appropriate, the parts or quantities of substances required for analysis or investigation;
(d) To exchange, where appropriate, with other States Parties information on the specific means and procedures used to commit the offences covered by this Convention, such as the use of false identities, counterfeit, altered or falsified documents or other means of concealing activities;
(e) Facilitate effective coordination between their competent authorities, agencies and services and promote the exchange of personnel and experts, including, subject to bilateral agreements or arrangements between the States Parties concerned, the detachment of liaison officers;
(f) Exchange information and coordinate administrative and other measures, as appropriate, to detect the offences covered by this Convention as soon as possible.
2. In order to give effect to this Convention, States Parties shall consider concluding bilateral or multilateral agreements or arrangements that provide for direct cooperation between their law enforcement agencies and, where such agreements or arrangements already exist, amend them. In the absence of such agreements or arrangements between the States Parties concerned, they may rely on this Convention to establish law enforcement cooperation with respect to the offences covered by this Convention. Where appropriate, States Parties shall fully utilize agreements or arrangements, including international or regional organizations, to enhance cooperation between their law enforcement agencies.
3. States Parties shall endeavour to cooperate, to the extent of their means, to combat the offences covered by this Convention committed by modern technology.
Rule 49
Joint investigations
States Parties shall consider concluding bilateral or multilateral agreements or arrangements under which, for cases investigated, prosecuted or prosecuted in one or more States, the competent authorities concerned may establish joint investigative bodies. In the absence of such agreements or arrangements, joint investigations may be decided on a case-by-case basis. The States Parties concerned shall ensure that the sovereignty of the State Party in whose territory the investigation is to take place is fully respected.
Rule 50
Special investigative techniques
1. In order to effectively combat corruption, each State Party, to the extent that the fundamental principles of its domestic legal system allow it and in accordance with the conditions prescribed by its domestic law, shall take, within its means, the necessary measures to ensure that its competent authorities may make appropriate use of, in its territory, of controlled deliveries and, where it deems it appropriate, of other special investigative techniques, such as electronic surveillance or other forms of monitoring
2. For the purpose of investigating the offences covered by this Convention, States Parties are encouraged to conclude, where necessary, appropriate bilateral or multilateral agreements or arrangements to use special investigative techniques in international cooperation. These agreements or arrangements are concluded and applied in full respect of the principle of sovereign equality of States and are implemented in strict compliance with the provisions they contain.
3. In the absence of agreements or arrangements referred to in paragraph 2 of this Article, decisions to use special investigative techniques at the international level shall be taken on a case-by-case basis and may, if necessary, take into account agreements and financial arrangements with respect to the exercise of their jurisdiction by the States Parties concerned.
4. The controlled deliveries to which it is decided to use at the international level may include, with the consent of the States Parties concerned, methods such as the interception of goods or funds and the authorization of the continuation of their delivery, without alteration or after subtraction or replacement of all or part of these goods or funds.
Chapter V
Asset Recovery
Rule 51
General provision
1. The restitution of assets under this chapter is a fundamental principle of this Convention, and States Parties shall mutually agree with the most extensive cooperation and assistance in this regard.
Rule 52
Prevention and detection of transfers of proceeds of crime
1. Without prejudice to article 14 of this Convention, each State Party shall, in accordance with its domestic law, take the necessary measures to ensure that financial institutions under its jurisdiction are required to verify the identity of the clients and to take reasonable measures to determine the identity of the economic rights holders of the large-scale funds deposited, as well as to subject to increased supervision the accounts that persons who exercise, or have exercised, important public functions and members of their families This monitoring is reasonably designed to detect suspicious transactions in order to notify the competent authorities and should not be construed as a means to discourage financial institutions - or prohibit them - from maintaining business relations with legitimate customers.
2. In order to facilitate the implementation of the measures provided for in paragraph 1 of this article, each State Party, in accordance with its domestic law and drawing on the relevant initiatives taken by regional, interregional and multilateral organizations to combat money-laundering:
(a) Publish guidelines on the types of physical or legal persons on the accounts of which financial institutions under its jurisdiction will have to exercise greater oversight, the types of account and transaction to which they will have to pay particular attention, as well as the measures to be taken regarding the opening of such accounts, their holding and the recording of transactions; and
(b) Where appropriate, notify the financial institutions under its jurisdiction, at the request of another State Party or of its own initiative, of the identity of the natural or legal persons to whom they will have to monitor more strictly the accounts, in addition to the persons that the financial institutions may otherwise identify.
3. In the context of paragraph 2 (a) of this article, each State Party shall apply measures to ensure that its financial institutions have adequate, for an appropriate period of time, accounts and transactions involving the persons referred to in paragraph 1 of this article, which states should contain, at a minimum, information on the identity of the client and, to the extent possible, of having it economic right.
4. In order to prevent and detect transfers of proceeds of offences established pursuant to this Convention, each State Party shall apply appropriate and effective measures to prevent, with the assistance of its regulatory and control bodies, the establishment of banks that do not have a physical presence and are not affiliated with a regulated financial group. In addition, States Parties may consider requiring their financial institutions that they refuse to establish or pursue corresponding bank relations with such institutions and keep in place relations with foreign financial institutions that allow their accounts to be used by banks that do not have a physical presence and are not affiliated with a regulated financial group.
5. Each State Party shall consider establishing, in accordance with its domestic law, effective systems for the disclosure of financial information for appropriate public officials and shall provide adequate penalties for non-compliance. Each State Party shall also consider taking the necessary measures to enable its competent authorities to share this information with the competent authorities of other States Parties where they need it to investigate the proceeds of offences established in accordance with this Convention, to request and recover it.
6. Each State Party shall consider taking, in accordance with its domestic law, the necessary measures to ensure that its appropriate public officials having a right or delegation of signature or any other authority on a financial account domiciled in a foreign country are required to report it to the competent authorities and to maintain appropriate statements concerning these accounts. It also provides for appropriate penalties for non-compliance.
Rule 53
Measures for direct recovery of property
Each State Party, in accordance with its domestic law:
(a) Takes the necessary measures to allow another State Party to initiate civil proceedings before its courts with a view to recognizing the existence of a right of ownership over property acquired through an offence established in accordance with this Convention;
(b) Takes the necessary measures to enable its courts to order the perpetrators of offences established in accordance with this Convention to pay compensation or damages to another State Party that has suffered injury as a result of such offences; and
(c) Takes the necessary measures to enable its competent courts or authorities, when deciding on confiscation, to recognize the right of legitimate property claimed by another State Party on property acquired through an offence established in accordance with this Convention.
Rule 54
Asset recovery mechanisms
forfeiture by international cooperation
l. In order to ensure the mutual legal assistance provided for in Article 55 of this Convention in respect of property acquired through an offence established in accordance with this Convention or used for such an offence, each State Party, in accordance with its domestic law:
(a) Takes the necessary measures to enable its competent authorities to give effect to a decision to forfeit a court of another State Party;
(b) Takes the necessary measures to enable its competent authorities, where they have jurisdiction in this case, to order the confiscation of such property of foreign origin, by pronouncing an offence of money laundering or another offence under its jurisdiction, or by other procedures authorized by its domestic law; and
(c) Consider taking the necessary measures to allow the confiscation of such property in the absence of a criminal conviction where the perpetrator of the offence cannot be prosecuted because of death, leakage or absence or in other appropriate cases.
2. In order to grant the mutual legal assistance requested under Article 55, paragraph 2, each State Party, in accordance with its domestic law:
(a) Takes the necessary measures to allow its competent authorities to freeze or seize property, by a decision of a court or competent authority of a requesting State Party ordering the freezing or seizure, which gives the requested State Party a reasonable ground to believe that there are sufficient grounds for taking such measures and that the property will subsequently be subject to a confiscation order for the purposes of paragraph 1 (a) of this article;
(b) Takes the necessary measures to allow its competent authorities to freeze or seize property on the basis of a request giving the State Party a reasonable ground to believe that there are sufficient grounds for taking such measures and that the property will subsequently be subject to a confiscation order for the purposes of paragraph 1 (a) of this article; and
(c) Consider taking additional measures to allow its competent authorities to preserve property for the purpose of confiscation, for example on the basis of an arrest or indictment in relation to their acquisition.
Rule 55
International cooperation
forfeiture
1. To the extent possible within the framework of its domestic legal system, a State Party which has received from another State Party having jurisdiction to hear an offence established in accordance with this Convention an application for the confiscation of the proceeds of the crime, property, equipment or other instruments referred to in article 31, paragraph 1, of this Convention, which are located in its territory:
(a) Transmits the request to its competent authorities to make a decision on confiscation and, if it intervenes, to enforce it; or
(b) Transmits to its competent authorities, in order to be carried out within the limits of the application, the decision of confiscation taken by a court located in the territory of the requesting State Party in accordance with article 31, paragraph 1 and article 54, paragraph 1 (a), of the present Convention, provided that it deals with the proceeds of the crime, property, equipment or other instruments referred to in article 31, paragraph 1, of the Convention.
2. Where an application is made by another State Party which has jurisdiction to hear an offence established in accordance with this Convention, the requested State Party shall take measures to identify, locate and freeze or seize the proceeds of the crime, the property, equipment or other instruments referred to in article 31, paragraph 1, of this Convention, with a view to a subsequent confiscation to order either by the requesting State Party or, as a result of a request made under article 31, paragraph 1,
3. The provisions of Article 46 of this Convention shall apply mutatis mutandis to this Article. In addition to the information referred to in paragraph 15 of Article 46, applications made under this Article shall contain:
(a) Where the application falls under paragraph 1 (a) of this article, a description of the property to be confiscated, including, to the extent possible, the place where the property is located and, as appropriate, its estimated value and a statement of the facts on which the requesting State Party is based, which is sufficient to allow the requested State Party to request a confiscation decision on the basis of its domestic law;
(b) Where the application falls under paragraph 1 (b) of this article, a legally permissible copy of the confiscation decision of the requesting State Party on which the application is based, a statement of the facts and information indicating the extent to which the decision is requested, a declaration specifying the measures taken by the requesting State Party to give appropriate notice to third parties in good faith and to guarantee due process, and a final declaration that the decision is taken;
(c) Where the application falls under paragraph 2 of this article, a statement of the facts on which the requesting State Party is based and a description of the measures requested and, where available, a legally permissible copy of the decision on which the application is based.
4. The decisions or measures set out in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with its domestic law and subject to the provisions of that right, and in accordance with its procedural rules or any bilateral or multilateral agreement or arrangement binding it to the requesting State Party.
5. Each State Party shall give the Secretary-General of the United Nations a copy of its laws and regulations that give effect to this article and a copy of any subsequent amendments to these laws and regulations or a description of such laws, regulations and subsequent amendments.
6. If a State Party decides to subordinate the adoption of the measures referred to in paragraphs 1 and 2 of this article to the existence of a treaty in this regard, it considers this Convention to be a necessary and sufficient treaty basis.
7. Cooperation under this article may also be denied or precautionary measures may be waived if the requested State Party does not receive sufficient evidence in due course or if the property is of minimal value.
8. Before removing any precautionary measure taken under this article, the requested State Party shall, if possible, give the requesting State Party the power to present its arguments in favour of maintaining the measure.
9. The provisions of this article shall not be construed as infringement of the rights of third parties in good faith.
Rule 56
Special cooperation
Without prejudice to its domestic law, each State Party shall endeavour to take measures, without prejudice to its own investigations, prosecutions or judicial proceedings, to provide, without prior request, information to another State Party on the proceeds of offences established pursuant to this Convention when it considers that the disclosure of such information may help the State Party to initiate or conduct an investigation, prosecution or judicial proceedings or may result in the submission by that State Party.
Rule 57
Restitution and disposition of assets
1. A State Party that has confiscated property under article 31 or 55 of this Convention shall, including by relinquishing property to its former legitimate owners, in accordance with paragraph 3 of this article and in accordance with the provisions of this Convention and its domestic law.
2. Each State Party shall adopt, in accordance with the fundamental principles of its domestic law, the necessary legislative and other measures to enable its competent authorities to return confiscated property, when acting at the request of another State Party, in accordance with this Convention, and taking into account the rights of third parties in good faith.
3. In accordance with Articles 46 and 55 of this Convention and paragraphs 1 and 2 of this article, the State Party required:
(a) In cases involving the subtraction of public funds or the laundering of public funds subtracted, referred to in Articles 17 and 23 of this Convention, where confiscation has been carried out in accordance with Article 55 and on the basis of a final judgment rendered in the requesting State Party, a requirement to which it may renounce, restores the property confiscated to the requesting State Party;
(b) In the case of the proceeds of any other offence referred to in this Convention, where the confiscation has been carried out in accordance with Article 55 of this Convention and on the basis of a final judgment in the requesting State Party, a requirement to which it may waive, shall return the property confiscated to the requesting State Party, where the latter provides reasonable evidence of its prior ownership rights on the said property to the requesting State Party or where the requested State Party recognizes
(c) In all other cases, consider as a matter of priority the return of confiscated property to the requesting State Party, the return of it to its previous legitimate owners or the compensation of the victims of the offence.
4. If applicable, and unless the States Parties decide otherwise, the requested State Party may deduct reasonable expenses incurred for investigations, prosecutions or judicial proceedings resulting in the restitution or disposal of property confiscated under this article.
5. Where appropriate, States Parties may also consider, in particular, concluding, on a case-by-case basis, mutually acceptable agreements or arrangements for the final disposition of confiscated property.
Rule 58
Financial Intelligence Service
The States Parties shall cooperate with the aim of preventing and combating the transfer of proceeds from offences established in accordance with this Convention, as well as promoting the means to recover such proceeds and, to that end, shall consider establishing a financial intelligence service to receive, analyse and communicate to the competent authorities suspicious financial transaction reports.
Rule 59
Bilateral and multilateral agreements and arrangements
States Parties shall consider concluding bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation established pursuant to this chapter of the Convention.
Chapter VI
Technical assistance and information exchange
Rule 60
Training and technical assistance
1. Each State Party shall establish, develop or improve, to the extent necessary, specific training programmes for its personnel responsible for preventing and combating corruption. These programmes could include:
(a) Effective measures to prevent, detect, investigate, suppress and combat corruption, including the use of evidence-gathering and investigative methods;
(b) Capacity building for the development and planning of anti-corruption strategies;
(c) Training of competent authorities in the establishment of mutual legal assistance requests that meet the requirements of this Convention;
(d) Evaluation and strengthening of institutions, public service management and public finance (including public procurement), and the private sector;
(e) Prevention of transfers of proceeds of offences established pursuant to this Convention, control of such transfers, and recovery of such proceeds;
(f) Detection and freezing of transfers of proceeds of offences established in accordance with this Convention;
(g) Monitoring of the movement of the proceeds of offences established in accordance with this Convention, as well as methods for the transfer, concealment or disguise of this product;
(h) Appropriate and effective judicial and administrative mechanisms and methods to facilitate the return of proceeds of offences established in accordance with this Convention;
(i) Methods used to protect victims and witnesses who cooperate with the judicial authorities; and
(j) Training in national and international regulations and language training.
2. States Parties shall consider, in their national anti-corruption plans and programmes, to accord, according to their capabilities, the widest technical assistance, in particular for the benefit of developing countries, including material support and training in the areas mentioned in paragraph 1 of this article, as well as training and assistance, and the mutual exchange of relevant experience and expertise, thereby facilitating international cooperation between States Parties in the field of mutual assistance
3. The States Parties shall, as necessary, strengthen the measures taken to optimize operational and training activities within international and regional organizations and within the framework of relevant bilateral and multilateral agreements or arrangements.
4. States Parties shall consider assisting, upon request, in conducting assessments, studies and research on the types, causes, effects and costs of corruption in their territory, with a view to developing, with the participation of the competent authorities and society, strategies and action plans to combat corruption.
5. In order to facilitate the recovery of the proceeds of offences established in accordance with this Convention, States Parties may cooperate by communicating the names of experts that may help to achieve this objective.
6. States Parties shall consider using subregional, regional and international conferences and seminars to promote cooperation and technical assistance and to stimulate exchange of views on common problems, including the particular problems and needs of developing countries and countries with economies in transition.
7. States Parties shall consider establishing voluntary mechanisms to contribute financially, through technical assistance programmes and projects, to the efforts of developing countries and countries with economies in transition to implement this Convention.
8. Each State Party shall consider making voluntary contributions to the United Nations Office on Drugs and Crime in order to encourage, through it, programmes and projects in developing countries to implement this Convention.
Rule 61
Collection, exchange and analysis of information
on corruption
1. Each State Party shall consider analysing, in consultation with experts, trends in corruption in its territory and the circumstances under which corruption offences are committed.
2. States Parties shall consider developing and sharing, directly between themselves and through international and regional organizations, their statistics and analytical knowledge of corruption and information with a view to developing, to the extent possible, common definitions, standards and methods, and information on best practices to prevent and combat corruption.
3. Each State Party shall consider monitoring its concrete policies and measures to combat corruption and assessing their implementation and effectiveness.
Rule 62
Other measures: implementation of the Convention
economic development and technical assistance
1. States Parties shall take measures to ensure the optimal implementation of this Convention to the extent possible, through international cooperation, taking into account the negative effects of corruption on society in general and on sustainable development in particular.
2. States Parties shall make concrete efforts, to the extent possible and in coordination with each other and with regional and international organizations:
(a) To develop their cooperation at different levels with developing countries, with a view to strengthening their capacity to prevent and combat corruption;
(b) To increase financial and material assistance to developing countries to support their efforts to effectively prevent and combat corruption and to assist them in the successful implementation of this Convention;
(c) To provide technical assistance to developing countries and countries with economies in transition to assist them in meeting their needs for the purposes of this Convention. To this end, States Parties shall endeavour to make appropriate and regular contributions to an account established for this purpose within the framework of a United Nations funding mechanism. States Parties may also consider, in particular, in accordance with their domestic law and the provisions of this Convention, a percentage of the funds or the corresponding value of the proceeds of the crime or property confiscated in accordance with the provisions of this Convention;
(d) In order to encourage and encourage other States and financial institutions, as appropriate, to associate themselves with their efforts under this Article, including by providing developing countries with more training programmes and modern equipment to help them achieve the objectives of this Convention.
3. As far as possible, these measures are taken without prejudice to existing external aid commitments or other financial cooperation arrangements at the bilateral, regional or international levels.
4. States Parties may enter into bilateral or multilateral agreements or arrangements on material and logistical assistance, taking into account the financial arrangements necessary to ensure the effectiveness of the means of international cooperation provided for in this Convention and to prevent, detect and combat corruption.
Chapter VII
Application mechanisms
Rule 63
Conference of States Parties to the Convention
1. A Conference of the States Parties to the Convention shall be established to improve the capacity of States Parties to achieve the objectives set out in this Convention and to strengthen their cooperation in this regard and to promote and review the implementation of this Convention.
2. The Secretary-General of the United Nations will convene the Conference of the States Parties no later than one year after the entry into force of this Convention. Subsequently, the Conference of States Parties will hold regular meetings in accordance with the rules of procedure adopted by the Conference.
3. The Conference of States Parties shall adopt rules of procedure and rules governing the operation of the activities set out in this article, including rules concerning the admission and participation of observers and the financing of the expenses incurred under these activities.
4. The Conference of States Parties shall establish activities, procedures and working methods to achieve the objectives set out in paragraph 1 of this Article, including:
(a) It facilitates the activities of States Parties under articles 60 and 62 and chapters II to V of this Convention, including by encouraging the mobilization of voluntary contributions;
(b) It facilitates the exchange of information between States Parties on the characteristics and trends of corruption and effective practices to prevent and combat it and to return the proceeds of crime, including through the publication of relevant information referred to in this article;
(c) It cooperates with regional and international organizations and mechanisms, and relevant non-governmental organizations;
(d) It appropriately uses relevant information produced by other international and regional mechanisms to combat and prevent corruption in order to avoid unnecessary repetition of activities;
(e) It shall periodically review the application of this Convention by States Parties;
(f) It makes recommendations to improve this Convention and its implementation;
(g) It takes note of the technical assistance needs of the States Parties with regard to the application of this Convention and recommends such measures as it may deem necessary in this regard.
5. For the purposes of paragraph 4 of this article, the Conference of the States Parties enquired about the measures taken and difficulties encountered by the States Parties to implement this Convention using the information provided to it by them and through the additional review mechanisms that it may establish.
6. Each State Party shall transmit to the Conference of the States Parties, as required, information on its programmes, plans and practices and on its legislative and administrative measures to implement this Convention. The Conference of States Parties shall consider the most effective means of receiving and responding to information, including, inter alia, States Parties and relevant international organizations. Contributions received from competent non-governmental organizations, duly accredited in accordance with the procedures to be decided by the Conference of the States Parties, may also be taken into account.
7. In accordance with paragraphs 4 to 6 of this article, the Conference of States Parties shall establish, if it deems necessary, any appropriate mechanism or body to facilitate the effective implementation of the Convention.
Rule 64
Secretariat
1. The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the States Parties to the Convention.
2. The secretariat:
(a) Assists the Conference of the States Parties to carry out the activities set out in Article 63 of this Convention, arranges and provides the necessary services for the sessions of the Conference of the States Parties;
(b) Assists States Parties, upon request, to provide information to the Conference of the States Parties as provided for in Article 63, paragraphs 5 and 6, of this Convention; and
(c) Ensures necessary coordination with the secretariat of relevant regional and international organizations.
Chapter VIII
Final provisions
Rule 65
Implementation of the Convention
1. Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with the fundamental principles of its domestic law, to ensure the fulfilment of its obligations under this Convention.
2. Each State Party may take stricter or more severe measures than those provided for in this Convention in order to prevent and combat corruption.
Rule 66
Settlement of disputes
1. States Parties shall endeavour to resolve disputes concerning the interpretation or application of this Convention through negotiation.
2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled by negotiation within a reasonable time is, at the request of one of these States Parties, subject to arbitration. If, within six months of the date of the application for arbitration, the States Parties may not agree on the organization of the arbitration, any of them may submit the dispute to the International Court of Justice by making a request in accordance with the Statute of the Court.
3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Convention, declare that it does not consider itself bound by paragraph 2 of this Article. Other States Parties shall not be bound by paragraph 2 of this article to any State Party that has issued such a reservation.
4. Any State Party that has issued a reservation under paragraph 3 of this article may withdraw it at any time by making a notification to the Secretary-General of the United Nations.
Rule 67
Signature, ratification, acceptance,
approval and accession
1. This Convention shall be open for signature by all States from 9 to 11 December 2003 in Merida, Mexico, and thereafter at United Nations Headquarters in New York, until 9 December 2005.
2. This Convention is also open for signature by regional economic integration organizations provided that at least one Member State of such an organization has signed it in accordance with paragraph 1 of this Article.
3. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done so. In this instrument of ratification, acceptance or approval, this organization declares the extent of its jurisdiction over matters governed by this Convention. It also informs the depositary of any relevant changes to the scope of its jurisdiction.
4. This Convention shall be open to the accession of any State or regional economic integration organization of which at least one Member State is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization declares the scope of its jurisdiction with respect to matters governed by this Convention. It also informs the depositary of any relevant changes to the scope of its jurisdiction.
Rule 68
Entry into force
1. This Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For the purposes of this paragraph, none of the instruments deposited by a regional economic integration organization shall be considered as an instrument to be added to the instruments already deposited by the member States of that organization.
2. For each State or regional economic integration organization that ratifys, accepts or approves this Convention or accedes to it after the deposit of the thirtieth relevant instrument, this Convention shall enter into force on the thirtieth day after the date of deposit of the relevant instrument by that State or organization or on the date on which it comes into force in accordance with paragraph 1 of this article, if it is later.
Rule 69
Amendment
1. Upon the expiration of five years from the entry into force of this Convention, a State Party may propose an amendment and transmit it to the Secretary-General of the United Nations. The latter then forwards the amendment proposal to the States Parties and to the Conference of the States Parties to the Convention for consideration of the proposal and adoption of a decision. The Conference of States Parties shall make every effort to reach consensus on any amendment. If all efforts to this end have been exhausted without an agreement, a two-thirds majority vote of the States Parties present at the Conference of the States Parties will be required, as a last resort, for the amendment to be adopted.
2. Regional economic integration organizations shall have a number of votes equal to the number of their member States Parties to this Convention to exercise, under this Article, their right to vote in matters within their competence. They do not exercise their right to vote if their Member States exercise their own, and vice versa.
3. An amendment adopted in accordance with paragraph 1 of this article shall be subject to ratification, acceptance or approval by States Parties.
4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force for a State Party ninety days after the date of deposit by that State Party to the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of that amendment.
5. An amendment entered into force is binding on States Parties that have expressed their consent to be bound by it. Other States Parties shall remain bound by the provisions of this Convention and any previous amendments which they have ratified, accepted or approved.
Rule 70
Denunciation
1. A State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.
2. A regional economic integration organization ceases to be a Party to this Convention when all its member States have denounced it.
Rule 71
Depositary and languages
1. The Secretary-General of the United Nations is the depositary of this Convention.
2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, will be deposited with the Secretary-General of the United Nations.
In faith, the undersigned Plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.
French statements
In accordance with Article 6-3 of the Convention, France designates the Central Service for the Prevention of Corruption, Ministry of Justice, 129, rue de l'Université, 75007 Paris, as the authority capable of assisting other States to develop and implement specific measures for the prevention of corruption.
The central authority referred to in Article 46-13 of the Convention is, for the French Republic, the Ministry of Justice, the Directorate of Criminal Affairs and Graces, International Criminal Assistance Office, 13, Place Vendôme, 75 42 Paris Cedex 01.
In accordance with Article 46-14 of the Convention, France states that the requests for mutual legal assistance to it must be translated into one of the official languages of the United Nations.
Done in Paris, September 4, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Foreign Affairs,
Philippe Douste-Blazy
