Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2005-104 of 11 February 2005 authorizing the ratification of the criminal convention on corruption;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The criminal convention on corruption, signed in Strasbourg on 27 January 1999, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N P E N A L
ON CORRUPTION
Preamble
The States members of the Council of Europe and other States signatories to this Convention,
Considering that the purpose of the Council of Europe is to achieve a closer union between its members;
Recognizing the importance of strengthening cooperation with other signatory States of this Convention;
Convinced of the need to pursue, as a priority, a common criminal policy aimed at protecting society against corruption, including through the adoption of appropriate legislation and appropriate preventive measures;
Stressing that corruption is a threat to the rule of law, democracy and human rights, undermines the principles of good administration, fairness and social justice, distorts competition, hinders economic development and endangers the stability of democratic institutions and moral foundations of society;
Convinced that the effectiveness of the fight against corruption requires intensified, timely and appropriate international criminal cooperation in criminal matters;
Welcoming recent developments that contribute to improving international awareness and cooperation in the fight against corruption, including the actions of the United Nations, the World Bank, the International Monetary Fund, the World Trade Organization, the Organization of American States, the OECD and the European Union;
In light of the Programme of Action against Corruption, adopted by the Committee of Ministers of the Council of Europe in November 1996, following the recommendations of the 19th Conference of European Ministers of Justice (La Valette, 1994);
Recalling in this context the importance of the participation of non-member States in the Council of Europe's activities against corruption and welcoming their valuable contribution to the implementation of the Programme of Action against Corruption;
Recalling further that Resolution No. 1 adopted by the European Ministers of Justice at their 21st Conference (Prague, 1997) calls for the rapid implementation of the Programme of Action against Corruption and recommends, in particular, the elaboration of a criminal convention on corruption providing for the coordinated criminalization of corruption offences, enhanced cooperation in the prosecution of such offences and an effective monitoring mechanism open to Member States and non-member States on an equal footing of corruption;
Bearing in mind that the Heads of State and Government of the Council of Europe decided, at their second summit held in Strasbourg on 10 and 11 October 1997, to seek common answers to the challenges posed by the extension of corruption and adopted an action plan that, aimed at promoting cooperation in the fight against corruption, including its links with organized crime and money-laundering, tasked the Committee quickly to conclude its work
Considering further that resolution (97) 24 on the twenty guiding principles for combating corruption, adopted on 6 November 1997 by the Committee of Ministers on the occasion of its 101st session, stresses the need to quickly conclude the development of international legal instruments, in accordance with the Programme of Action against Corruption;
In light of the adoption at the 102nd session of the Committee of Ministers on 4 May 1998 of resolution (98) 7 authorizing the establishment of the expanded partial agreement establishing the Group of States against Corruption (Greco), an institution that aims to improve the capacity of its members to fight corruption by ensuring the implementation of their commitments in this area,
agreed that:
Chapter I
Terminology
Article 1
Terminology
For the purposes of this Convention:
(a) The term "public officer" is interpreted by reference to the definition "public servant", "public officer", "murder", "murder", "murder" or "judge" in the national law of the State in which the person in question exercises this function and as applied in his criminal law;
(b) The term "judge" in paragraph (a) above includes members of the Public Prosecutor's Office and persons performing judicial functions;
(c) In the case of prosecution involving a public official of another State, the State that continues may apply the definition of a public official only to the extent that this definition is consistent with its national law;
(d) "Legal person" means any entity having that status under applicable national law, except for States or other public entities in the exercise of their prerogatives of public power and public international organizations.
Chapter II
Action at the national level
Article 2
Active corruption of national public officials
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, where the act has been committed intentionally, to propose, offer or give, directly or indirectly, any undue benefit to any of its public officials, for itself or for any other person, in order that it perform or abstain from carrying out its functions.
Article 3
Passive corruption of national public officials
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, where the act has been committed intentionally, the fact for one of its public officials to solicit or receive, directly or indirectly, any undue benefit for itself or someone else or to accept the offer or promise in order to perform or refrain from performing any act of performance.
Article 4
Corruption of members of national public assemblies
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in Articles 2 and 3 when they involve any member of any national public assembly exercising legislative or administrative powers.
Article 5
Corruption of foreign public officials
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in Articles 2 and 3 when they involve an agent of any other State.
Article 6
Corruption of members of foreign public assemblies
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in Articles 2 and 3 when they involve any person member of any public assembly exercising legislative or administrative powers of any other State.
Article 7
Active corruption in the private sector
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, where the act has been committed intentionally, in the course of a commercial activity, the promise, offer or give, directly or indirectly, any undue benefit to any person who directs or works for an entity of the private sector, for himself or for any other act, in order that it fails to perform its duties
Article 8
Passive corruption in the private sector
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, where the act has been committed intentionally, in the course of a commercial activity, the fact for any person who directs or works for an entity of the private sector, to solicit or receive, directly or through third parties, an undue advantage or to accept the offer or promise thereof, for himself or for
Article 9
Corruption of international officials
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in Articles 2 and 3 when they involve any person who has the status of a civil servant or a contractual agent, within the meaning of the statute of the agents, of any international or supranational public organization of which the Party is a member, as well as of any person, whether or not it is detached from such an organization, who exercises functions
Article 10
Corruption of members
of International Parliamentary Assembly
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in Article 4 when they involve any member of a parliamentary assembly of an international or supranational organization whose Party is a member.
Article 11
Corruption of judges
International Course Officers
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in Articles 2 and 3 when they involve any person exercising judicial functions in an international court whose jurisdiction is accepted by the Party or any officer in the registry of such a court.
Article 12
Trafic d'influence
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, where the act has been committed intentionally, to propose, offer or give, directly or indirectly, any undue benefit as compensation to any person who asserts or confirms to be able to influence the decision-making of any person referred to in Articles 2, 4 to 6 and 9 to 11, that the undue benefit is
Article 13
Laundering the proceeds of offences
of corruption
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the acts referred to in the Council of Europe Convention relating to the laundering, detection, seizure and confiscation of proceeds of crime (STE No. 141), in Article 6, paragraphs 1 and 2, subject to the conditions provided for therein, where the main offence is constituted by one of the offences established under Article 12
Article 14
Accounting offences
Each Party shall adopt such legislative and other measures as may be necessary to criminalize or other types of sanctions, in accordance with its domestic law, where committed intentionally, the following acts or omissions intended to commit, conceal or disguise offences under Articles 2 to 12, to the extent that the Party has not made a reservation or declaration:
(a) Establish or use an invoice or other accounting document or writing that contains false or incomplete information;
(b) Illegally omitting a payment.
Article 15
Participation
Each Party shall adopt such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, any act of complicity of any of the criminal offences established under this Convention.
Article 16
Immunity
The provisions of this Convention shall not affect the provisions of any treaty, protocol or statute, as well as their texts of application, with regard to the lifting of immunity.
Article 17
Jurisdiction
1. Each Party shall adopt such legislative and other measures as may be necessary to establish its jurisdiction over a criminal offence established under articles 2 to 14 of this Convention when:
(a) The offence is committed in whole or in part in its territory;
(b) The perpetrator of the offence is one of its nationals, one of its public officials or one of its members of national public assemblies;
(c) The offence involves one of its public officials or members of its national public assemblies or any person referred to in sections 9 to 11, who is at the same time one of its nationals.
2. Each State may, at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, in a declaration addressed to the Secretary General of the Council of Europe, specify that it reserves the right not to apply, or to apply only in specific cases or conditions, the rules of jurisdiction defined in paragraphs 1 (b) and (c) of this article or any part thereof.
3. Where a Party has made use of the possibility of reservation under paragraph 2 of this article, it shall adopt such measures as may be necessary to establish jurisdiction over criminal offences established under this Convention, where the alleged perpetrator of the offence is present in its territory and may not be extradited to another Party solely for his nationality, after an extradition request.
4. This Convention does not exclude the exercise by a Party of any criminal jurisdiction established in accordance with its domestic law.
Article 18
Liability of legal persons
1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons may be held responsible for the offences of active corruption, trafficking in influence and money-laundering established under this Convention, when they are committed on their behalf by any natural person acting either individually or as a member of a body of the legal person, who exercises executive power within the body, on the following grounds:
a power of representation of the legal person; or
an authority to make decisions on behalf of the legal person; or
an authority to exercise control within the legal person,
and the participation of such a physical person as an accomplice or instigator in the commission of the above mentioned offences.
2. Abstract from the cases already provided for in paragraph 1, each Party shall take the necessary measures to ensure that a legal person may be held liable when the absence of supervision or control on the part of a natural person referred to in paragraph 1 has made possible the commission of the offences referred to in paragraph 1 on behalf of that legal person by a natural person subject to its authority.
3. The liability of the legal person under paragraphs 1 and 2 does not exclude criminal proceedings against natural persons who are the perpetrators, instigators or accomplices of the offences referred to in paragraph 1.
Article 19
Sanctions and measures
1. In view of the seriousness of the criminal offences established under this Convention, each Party shall, in respect of the offences established in accordance with Articles 2 to 14, provide for sanctions and effective, proportionate and deterrent measures, including, where committed by natural persons, custodial sanctions that may result in extradition.
2. Each Party shall ensure that, in the event of liability established under Article 18, paragraphs 1 and 2, legal persons shall be liable to effective, proportionate and deterrent sanctions of a criminal or non-criminal nature, including monetary penalties.
3. Each Party shall adopt such legislative and other measures as may be necessary to allow it to confiscate or otherwise deprive of the instruments and products of the criminal offences established under this Convention, or of the property of which the value corresponds to such products.
Rule 20
Specialized authorities
Each Party shall adopt the necessary measures to ensure that individuals or entities are specialized in the fight against corruption. They shall have the necessary independence, within the framework of the fundamental principles of the legal system of the Party, in order to exercise their functions effectively and free from any unlawful pressure. Parties shall ensure that the staff of these entities have training and financial resources appropriate to their functions.
Article 21
Cooperation between national authorities
Each Party shall adopt appropriate measures that are necessary to ensure that public authorities, as well as public officials, cooperate, in accordance with national law, with the authorities responsible for the investigation and prosecution of criminal offences:
(a) By informing the authorities in question on their own initiative, where there are reasonable grounds to consider that one of the criminal offences established under sections 2 to 14 has been committed; or
(b) By providing, upon request, all necessary information to the authorities in question.
Article 22
Protection of justice workers
and Witnesses
Each Party shall adopt the necessary legislative and other measures to ensure effective and appropriate protection:
(a) Persons who provide information on criminal offences established under articles 2 to 14 or who otherwise cooperate with the investigating or prosecuting authorities;
(b) Witnesses who make statements about such offences.
Article 23
Measures to facilitate the collection of evidence
and confiscation of products
1. Each Party shall adopt legislative and other measures, including those allowing the use of special investigative techniques in accordance with national legislation, which prove to be necessary to facilitate the collection of evidence relating to criminal offences established under Articles 2 to 14 and to enable it to identify, investigate, freeze and seize the instruments and products of corruption or property whose value corresponds to those products, which may be the subject of measures of paragraph 3
2. Each Party shall adopt such legislative and other measures as may be necessary to empower its courts or other competent authorities to order the communication or seizure of bank, financial or commercial records in order to implement the measures referred to in paragraph 1 of this article.
Chapter III
Follow-up to implementation
Article 24
Follow-up
The Group of States against Corruption (Greco) monitors the implementation of this Convention by the Parties.
Chapter IV
International cooperation
Rule 25
General principles
and measures applicable to international cooperation
1. The Parties shall cooperate, in accordance with the provisions of the relevant international instruments on international cooperation in criminal matters or arrangements established on the basis of uniform or reciprocal legislation and their national law, to the widest possible extent with each other, for the purposes of investigations and proceedings concerning criminal offences within the scope of this Convention.
2. Where no international instrument or arrangement among those referred to in paragraph 1 above is in force between the Parties, sections 26 to 31 of this chapter apply.
3. Sections 26 to 31 of this chapter also apply where they are more favourable than the provisions contained in the international instruments or arrangements referred to in paragraph 1 above.
Rule 26
Entraide
1. The Parties shall accord the widest possible assistance to deal promptly with requests from the authorities that are authorized under their national laws to investigate or prosecute criminal offences within the scope of this Convention.
2. Mutual assistance within the meaning of paragraph 1 of this article may be denied if the requested Party considers that accessing the request would be in a manner that would undermine its fundamental interests, national sovereignty, national security or public order.
3. Parties shall not invoke bank secrecy to justify their refusal to cooperate under this chapter. Where domestic law so requires, a Party may require that a request for cooperation that would involve the lifting of bank secrecy be authorized, either by a judge or by another judicial authority, including the Public Prosecutor's Office, those authorities acting in respect of criminal offences.
Rule 27
Extradition
1. Criminal offences within the scope of this Convention shall be considered to be included in any extradition treaty in force between the Parties as extraditable offences. Parties undertake to include these offences in any extradition treaty that they will conclude as extraditable offences.
2. If a Party that subordinates the existence of a treaty receives a request for extradition from a Party with which it has not entered into such a treaty, it may consider this Convention as a legal basis for extradition for all offences established in accordance with this Convention.
3. Parties that do not subject extradition to the existence of a treaty shall recognize the offences established in accordance with this Convention as offences giving rise to extradition.
4. Extradition shall be subject to the conditions provided for by the law of the requested Party or the applicable extradition treaties, including the grounds for which the requested Party may refuse extradition.
5. If the extradition requested on the basis of an offence established in accordance with this Convention is denied solely on the basis of the nationality of the person who is the subject of the request, or because the requested Party considers himself competent in this case, the requested Party shall submit the matter to its competent authorities for the purposes of prosecution, unless further provisions have been agreed with the requesting Party, and shall inform the requested Party in a timely manner of the final result.
Rule 28
Spontaneous information
Without prejudice to its own investigations or procedures, a Party may, without prior request, provide to another Party factual information where it considers that the disclosure of such information is likely to assist the Recipient Party initiating or conducting investigations or prosecutions relating to offences established under this Convention or is likely to result in a request by that Party within the meaning of this chapter.
Rule 29
Central Authority
1. Parties shall designate a central authority or, where necessary, several central authorities, responsible for sending, responding, executing or transmitting requests made under this chapter to the authorities that have jurisdiction to execute them.
2. Each Party shall communicate to the Secretary General of the Council of Europe, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, the name and address of the authorities designated under paragraph 1 of this Article.
Rule 30
Direct correspondence
1. Central authorities communicate directly with each other.
2. In the event of an emergency, requests for mutual legal assistance or communications may be sent directly by the judicial authorities, including the Public Prosecutor's Office, from the requesting Party to such authorities of the requested Party. In such cases, a copy must be sent simultaneously to the central authority of the requested Party through the central authority of the requesting Party.
3. Any request or communication pursuant to paragraphs 1 and 2 of this article may be submitted through the International Criminal Police Organization (Interpol).
4. If an application is submitted pursuant to paragraph 2 of this article and if the seized authority is not competent to do so, it shall forward it to the competent authority of its country and inform the requesting Party directly.
5. Requests or communications, submitted under paragraph 2 of this chapter, which do not involve coercive measures, may be transmitted directly by the competent authority of the requesting Party to the competent authority of the requested Party.
6. Each State may, at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, inform the Secretary-General of the Council of Europe that, for the sake of efficiency, requests made under this chapter must be addressed to its central authority.
Rule 31
Information
The Requested Party shall promptly inform the requesting Party of the follow-up to a request made under this chapter and of the final outcome of the implementation of the request. The requested Party shall also inform the requesting Party without delay of any circumstances which render it impossible to carry out the requested or risky measures to significantly delay it.
Chapter V
Final provisions
Rule 32
Signature and entry into force
1. This Convention is open for signature by the Member States of the Council of Europe and the non-member States that participated in its elaboration. These States may express their consent to be bound by:
(a) Signature without reservation of ratification, acceptance or approval; or
(b) Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which fourteen States have expressed their consent to be bound by the Convention, in accordance with the provisions of paragraph 1. Such a State which is not a member of the Group of States against Corruption (Greco) at the time of ratification will automatically become a State on the day of the entry into force of this Convention.
4. For any signatory State that subsequently expresses its consent to be bound by the Convention, the Agreement shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraph 1. A signatory State not a member of the Group of States against Corruption (Greco) at the time of ratification will automatically become a signatory State on the day of the entry into force of this Convention in respect of it.
Rule 33
Access to the convention
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Contracting States to the Convention, invite the European Community as well as any non-member State of the Council having not participated in its elaboration to accede to this Convention by a majority decision provided for in Article 20 of the Statute of the Council of Europe and unanimously by representatives of the Contracting States having the right to sit on the Committee.
2. For the European Community and for any Member State, the agreement will enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession to the Secretary General of the Council of Europe. The European Community and any Member State will automatically become members of the Greek, if they are not already members at the time of accession, on the day this Convention comes into force for them.
Rule 34
Territorial application
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
2. Any Party may, at any other time thereafter, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The agreement shall enter into force with respect to that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the said declaration by the Secretary-General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Rule 35
Relations with other conventions and agreements
1. This Convention does not affect the rights and obligations arising from multilateral international conventions on specific issues.
2. Parties to the Convention may enter into bilateral or multilateral agreements with each other on matters set out in this Convention for the purpose of supplementing or strengthening the provisions of this Convention or facilitating the application of its principles.
3. Where two or more Parties have already entered into an agreement or a treaty on a subject covered by this Convention, or have otherwise established their relations with respect to this matter, they shall be entitled to apply the agreement, treaty or arrangement instead of this Convention, as long as it facilitates international cooperation.
Rule 36
Statements
Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it shall criminalize the active and passive bribery of foreign public officials within the meaning of Article 5, of international officials within the meaning of Article 9 or of judges and international class agents within the meaning of Article 11, only to the extent that the public officer or judge is performing his or her duties
Rule 37
Reservations
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it will not criminalize in accordance with its domestic law, in whole or in part, the acts referred to in Articles 4, 6 to 8, 10 and 12 or the offences of passive corruption referred to in Article 5.
2. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it makes use of the reservation in Article 17, paragraph 2.
3. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it may refuse an application for mutual legal assistance under Article 26, paragraph 1, if the application relates to an offence that the requested Party considers to be a political offence.
4. A State may not, pursuant to paragraphs 1, 2 and 3 of this article, make reservations to more than five of the provisions mentioned in those paragraphs. No other reservation is allowed. Reservations of the same nature relating to articles 4, 6 and 10 will be considered a single reservation.
Rule 38
Validity and review of declarations and reservations
1. The declarations provided for in Article 36 and the reservations provided for in Article 37 are valid three years from the first day of the entry into force of the convention for the State concerned. However, such reservations may be renewed for periods of the same duration.
2. Twelve months before the expiry of the declaration or reservation, the Secretary General of the Council of Europe shall inform the State concerned of this expiry. Three months before the expiry date, the State shall notify the Secretary General of its intention to maintain, modify or withdraw the declaration or reservation. Otherwise, the Secretary-General informs this State that his statement or reservation is automatically extended for a period of six months. If the State concerned does not notify its decision to maintain or amend its reservations before the expiry of this period, the reservation(s) falls.
3. When a Party makes a declaration or reservation in accordance with Articles 36 and 37, it shall provide, prior to its renewal or upon request, explanations to the Greco as to the reasons for its maintenance.
Rule 39
Amendments
1. Amendments to this Convention may be proposed by each Party and any proposal shall be communicated by the Secretary-General of the Council of Europe to the States members of the Council of Europe and to each non-member State that has acceded or has been invited to accede to this Convention in accordance with the provisions of Article 33.
2. Any amendment proposed by a Party shall be communicated to the European Committee for Criminal Problems (CDPC) which shall submit its opinion to the Committee of Ministers on the proposed amendment.
3. The Committee of Ministers shall consider the proposed amendment and the notice submitted by the SCCP and, after consultation with non-member States Parties to this Convention, may adopt the amendment.
4. The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be transmitted to the Parties for acceptance.
5. Any amendment adopted in accordance with paragraph 3 of this Article shall enter into force on the thirtieth day after all Parties have informed the Secretary-General that they have accepted it.
Rule 40
Settlement of disputes
1. The European Committee for Criminal Problems of the Council of Europe will be kept informed of the interpretation and application of this Convention.
2. In the event of a dispute between the Parties on the interpretation or application of this Convention, the Parties shall endeavour to reach a settlement of the dispute by negotiation or any other peaceful means of their choice, including the submission of the dispute to the European Committee for Criminal Problems, to an arbitral tribunal that shall take decisions that bind the Parties to the dispute, or to the International Court of Justice, according to a common agreement between the Parties concerned.
Rule 41
Denunciation
1. Any Party may, at any time, denounce this Convention by making a notification to the Secretary General of the Council of Europe.
2. The denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Rule 42
Notification
The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe and any State which has acceded to this Convention:
(a) Any signature;
(b) The deposit of any instrument of ratification, acceptance, approval or accession;
(c) Any effective date of this Convention in accordance with its Articles 32 and 33;
(d) Any declaration or reservation under section 36 or section 37;
(e) Any other act, notification or communication relating to this Convention.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Strasbourg on 27 January 1999, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each Member State of the Council of Europe, to any non-member State that has participated in the elaboration of the Convention and to any State invited to accede to it.
“French reserves:
- in accordance with Article 37, paragraph 1, of the Convention, the French Republic reserves the right not to criminalize acts of influence traffic defined in Article 12 of the Convention, with a view to exerting an influence, as defined in the above-mentioned article, on the decision-making of a foreign public official or a member of a foreign public assembly, referred to in Articles 5 and 6 of the Convention;
―in accordance with Articles 17, paragraph 2, and 37, paragraph 2, of the Convention, the French Republic declares that it reserves the right to establish its jurisdiction with respect to Article 17, paragraph 1 (b), of the Convention, only when the perpetrator of the offence is one of its nationals and that the facts are punishable by the law of the country in which they were committed, and that it reserves the right not to establish its jurisdiction referred to
Done in Paris, July 4, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
