Decree No. 2008-672 4 July 2008 On The Publication Of The Corruption Convention Signed In Strasbourg On 27 January 1999

Original Language Title: Décret n° 2008-672 du 4 juillet 2008 portant publication de la convention pénale sur la corruption, signée à Strasbourg le 27 janvier 1999

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Summary Application of the art. 52-55 of the Constitution.
Keywords foreign and European Affairs, agreement INTERNATIONAL, RATIFICATION, Council of EUROPE criminal CONVENTION, ETS No. 173, group of States against CORRUPTION, GRECO, fight against CORRUPTION, CRIMINALITY, ACTIVE bribery, PASSIVE bribery, officer NATIONAL PUBLIC, Member, national AGENT PUBLIC overseas, foreign sector public Assembly public meeting private, INTERNATIONAL civil servant, ASSEMBLES parliamentary international, judge, International Court, INFLUENCE PEDDLING, money laundering, crime, offence accountant, immunity
, PROTECTION, COLLABORATOR of JUSTICE, witness JORF n ° 0157 July 6, 2008 page 10867 text no. 4 Decree No. 2008-672 4 July 2008 on the publication of the convention on corruption, signed in Strasbourg on 27 January 1999 (1) NOR: MAEJ0815669D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/7/4/MAEJ0815669D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2008/7/4/2008-672/jo/texte the President of the Republic On the report of the Prime Minister and the Minister of foreign and European Affairs having regard to sections 52 to 55 of the Constitution;
Pursuant to law n ° 2005 - 104 of February 11, 2005 authorizing the ratification of the criminal law convention on corruption;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 the criminal law convention on corruption, signed in Strasbourg on 27 January 1999, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of foreign and European Affairs are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Annex C O N V E N T I O N P E N A L E on the CORRUPTION preamble the Member States of the Council of Europe and the other States signatory to this Convention, considering that the aim of the Council of Europe is to achieve greater unity between its members;
Recognizing the importance of strengthening cooperation with the other signatory States of this Convention;
Convinced of the need to pursue, as a priority, a criminal policy aimed at the protection of society against corruption, including by the adoption of appropriate legislation and the appropriate preventive measures;
Emphasizing that corruption is a threat to the rule of law, democracy and human rights, undermines the principles of good governance, fairness and social justice, distorts competition, obstructing economic development, and endangers the stability of democratic institutions and the moral society foundations;
Convinced that the effectiveness of the fight against corruption requires a criminal international cooperation intensified, fast and adapted in criminal matters;
Welcoming recent developments which contribute to improving awareness and cooperation at the international level in the fight against corruption, including actions undertaken by the United Nations, the World Bank, the international monetary fund, the world Organization of trade, the Organization of American States, OECD and EU European;
With regard to 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 (Valletta, 1994);
Recalling in this context the importance of the participation of non-Member States in the activities of the Council of Europe 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 development of a criminal law convention on corruption providing for the criminalisation of corruption offences coordinated, enhanced cooperation in the prosecution of such offences and an effective follow-up mechanism open to Member States and non-Member States on a equal footing;
Bearing in mind that the heads of State and Government of the Council of Europe decided at their second Summit, which was held in Strasbourg on 10 and 11 October 1997, from search for common responses to the challenges posed by the extension of corruption and adopted an action plan which aimed to promote cooperation in the fight against corruption including its links with organised crime and money-laundering, instructs the Committee of Ministers to expedite the work of development of international legal instruments pursuant to the Programme of action against corruption;
Considering moreover that resolution (97) 24 on the twenty guiding principles for the fight against corruption, adopted on 6 November 1997 by the Committee of Ministers at its 101st session, stressed the need to expedite the development of international legal instruments, in implementation of the Programme of action against corruption;
In the matter of the adoption at the 102nd session of the Committee of Ministers, may 4, 1998, of resolution (98) 7 concerning permission to create the enlarged partial agreement establishing the Group of States against corruption (Greco), institution that aims to improve the capacity of its members to fight corruption by ensuring the implementation of their commitments in this area (, have agreed as follows: Chapter I terminology Article 1 terminology for the purposes of this Convention: has) 'public official' is interpreted by reference to the definition of 'official', 'public officer', "Mayor", "Minister" or "judge" in the national law of the State in which the person in question performs that function and as applied in its criminal law;
(b) the term "judge" listed in paragraph a. above includes the members of the Crown and persons exercising judicial functions;
(c) in the case of proceedings involving one public official of another State, the State that continues may apply the definition of public official only insofar as that definition is compatible with its national law;
(d) "legal person" means any entity having such status under the applicable national law, except for States or other public bodies in the exercise of State authority and for public international organisations.
Chapter II measures to be taken at national level Article 2 active Corruption of domestic public officials each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law, when the Act was committed intentionally, the fact propose, offering or giving, directly or indirectly, any undue advantage to any of its public officials for himself or for someone else, to perform or refrain from performing an act in the exercise of its functions.
Article 3 Corruption passive of domestic public officials each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law, when the Act was committed intentionally, the fact that one of its officials to solicit or receive, directly or indirectly, any advantage unfair to himself or someone else accept the offer or promise to perform or abstain from performing an act in the exercise of its functions.
Article 4 bribery of members of domestic public assemblies each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law the conduct referred to in articles 2 and 3, when involving any person member of a any national public assembly exercising legislative or administrative powers.
Article 5 bribery of foreign public officials each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law the conduct referred to in articles 2 and 3 where they involve an agent of any other State.
Article 6 bribery of members of foreign public assemblies each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law the conduct referred to in articles 2 and 3, when involving any person member of a any public assembly exercising legislative or administrative of any other State powers.
Article 7 bribery in the private sector each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law, when the Act was committed intentionally, in a commercial activity, the fact of promise, offering or giving, directly or indirectly, any undue advantage to any person who directs or works for an entity of the sector private for himself or for someone else, so that she do or refrain from doing any act in violation of his duties.
Article 8 passive bribery in the private sector

Each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law, when the Act was committed intentionally, in a commercial activity, for any person who directs or works for an entity of the private sector, to solicit or receive, directly or through third parties, an unfair advantage or to accept the offer or promise for himself or for someone else, so that she do or refrain from doing any act in violation of his duties.
Article 9 bribery of international officials each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law the conduct referred to in articles 2 and 3, when involving any person who has the status of official or other contracted employee, within the meaning of the staff regulations, of any public international or supranational organization which the party is a Member so on any person, whether detached or not such organisation, which carries out functions corresponding to those such officials or agents.
Article 10 bribery of members of international parliamentary assemblies each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law the acts mentioned in article 4 when involving any person member of Parliament of an international or supranational organization which the party is a member.
Article 11 bribery of judges and officials of courts international. each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law the conduct referred to in articles 2 and 3, when involving any person exercising judicial functions within an international court whose jurisdiction is accepted by the party or any official at the registry of such a court.
Article 12 trading in influence each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law, when the Act was committed intentionally, does propose to offer or give, directly or indirectly, any undue advantage as compensation to anyone who asserts or confirms be able to influence the decision-making of any person referred to in articles 2 4 to 6 and 9 to 11, whether the undue advantage is for himself or for someone else, so does solicit, receive or accept the offer or the promise as remuneration for said influence, that it influence whether or not exerted or whether or not the supposed influence produces the desired result.
Article 13 laundering of the proceeds of corruption offences each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law the conduct referred to in the convention of the Council of Europe on laundering, search, to the seizure and confiscation of the proceeds from crime (ETS No. 141) , in article 6, paragraphs 1 and 2, under the conditions is provided, where the predicate offence is constituted by one of the offences established under articles 2 to 12 of this Convention, to the extent where the party made no reservation or declaration with respect to these offences or does not these offences as serious offences against legislation on money-laundering.
Article 14 accounting offences each Party shall adopt such legislative and other measures which may be necessary to establish as offences liable to criminal penalties or other sanctions under its domestic law, when committed intentionally, the acts or omissions following, intended to commit, conceal or disguise the offences referred to in articles 2 to 12, to the extent that the party made no reservation or declaration (: a) establishing or using an invoice or any other document or ledger entry that contains information false or incomplete;
b) omit illegally post a payment.
Article 15 participation acts each Party shall adopt such legislative and other measures which may be necessary to establish as criminal offences under its domestic law, any act of complicity in one of the criminal offences established pursuant to this Convention.
Article 16 immunity the provisions of this Convention shall affect the provisions of any treaty, Protocol or statute, as well as their implementing texts, as regards the lifting of immunity.
Article 17 jurisdiction 1. Each Party shall adopt such legislative and other measures which 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 offender is one of its nationals, one of its public officials or one of its members of domestic public assemblies;
(c) the offence involves one of its public officials or members of its domestic public assemblies or any person referred to in articles 9 to 11, which is at the same time one of its nationals.
2. each State may, at the time of signature or of the 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 apply only in the specific cases or circumstances, the jurisdiction rules laid down in paragraphs 1 b and c of this article or any part of these paragraphs.
3. where a party has made use of the possibility of reservation provided for in paragraph 2 of this article, it shall adopt the measures which may be necessary to establish its jurisdiction relating to criminal offences established in accordance with this Convention, when the alleged perpetrator of the offence is present on its territory and cannot be extradited to another party to the only title of his nationality , after a request for extradition.
4. this Convention does not exclude the exercise of part of any criminal jurisdiction established in accordance with its internal law.
Article 18 liability of legal persons 1. Each Party shall adopt such legislative and other measures which may be necessary to ensure that legal persons can be held liable for the offences of active bribery, trading in influence and money laundering established under the present Convention, when they are committed for their benefit by any natural person, acting either individually or as a member of an organ of the legal person , who has a leading position within, on the following bases: ― a power of representation of the legal person; or — an authority to take decisions on behalf of the legal person; or — an authority to exercise control within the legal person, as well as the involvement of such a natural person as accessory or instigator in the above-mentioned offences.
2. Apart from the cases already provided for in paragraph 1, each Party shall take the necessary measures to ensure that a legal person can be held liable where lack of supervision or control of an individual referred to in paragraph 1 has made possible the commission of the offences referred to in paragraph 1 on behalf of the said legal person by a natural person under its authority.
3. liability of a legal person under paragraphs 1 and 2 does not exclude criminal proceedings against natural persons as perpetrators, instigators or accomplices of the offences mentioned in paragraph 1.
Article 19 Sanctions and measures 1. Given the seriousness of the criminal offences established pursuant to this Convention, each party provides, with respect to the offences established in accordance with articles 2 to 14, sanctions and effective, proportionate and dissuasive measures including, when committed by natural persons, penalties involving deprivation of liberty which can give rise to extradition.
2. each Party shall ensure that in the event of liability established under article 18, paragraphs 1 and 2, legal persons are punishable by effective, proportionate and dissuasive criminal or non-criminal nature including penalties.
3. each Party shall adopt such legislative and other measures which may be necessary to enable it to confiscate or otherwise deprive the instruments and products of the criminal offences established pursuant to this Convention, or property whose value corresponds to those products.
Article 20 specialised authorities each Party shall adopt measures that may be necessary to ensure that persons or entities are specialized in the fight against corruption. They shall have the necessary independence, in the context of the basic principles of the legal system of the party, in order to exercise their functions effectively and free from any unlawful pressure. The Parties shall ensure that the staff of such entities has training and financial resources adapted to the functions they perform.
Article 21 Cooperation between national authorities

Each Party shall adopt appropriate measures that may be necessary to ensure that public authorities, as well as any public official, cooperate, in accordance with national law, 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 in accordance with articles 2 to 14 has been committed; or (b) providing, on request, to the authorities in question all the necessary information.
Article 22 Protection of collaborators of justice and witnesses each Party shall adopt such legislative and other measures which may be necessary to provide effective and appropriate protection: has) to persons who provide information concerning criminal offences established in accordance with articles 2 to 14 or who work in some other way with the authorities responsible for investigations or prosecutions;
(b) to witnesses who testify concerning such offences.
Article 23 measures to facilitate the collection of evidence and the confiscation of proceeds 1. Each Party shall adopt the legislative and other measures, including those permitting the use of investigative techniques special in accordance with national legislation, which may be necessary to facilitate the collection of evidence relating to the criminal offences established pursuant to sections 2 to 14, and to enable it to identify, find, freeze and seize the instruments and products of corruption or property the value of which corresponds to such proceeds likely to be the subject of measures of paragraph 3 of article 19 of this Convention.
2. each Party shall adopt such legislative and other measures which may be necessary to empower its courts or its 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 monitoring of implementation Article 24 monitoring the Group of States against corruption (Greco) monitors the implementation of this Convention by the Parties.
Chapter IV Cooperation International Article 25 general principles and measures applicable to international cooperation 1. The Parties shall cooperate, in accordance with the provisions of relevant international instruments on international cooperation in criminal matters or arrangements established on the basis of uniform or reciprocal legislation and their national laws, to the widest extent possible with each other, for the purposes of investigations and proceedings concerning criminal offences within the scope of application of the present Convention.
2. where no international instrument or arrangement referred to in paragraph 1 above is in force between the Parties, articles 26 to 31 of this chapter shall apply.
3. articles 26 to 31 of this chapter also apply when they are more favourable than the provisions contained in the international instruments or arrangements referred to in paragraph 1 above.
Article 26 mutual assistance 1. The Parties agree the widest possible mutual assistance to treat without delay of the requests from the authorities who are empowered under their national laws, to investigate or to prosecute criminal offences within the scope of application of the present Convention.
2. mutual assistance within the meaning of paragraph 1 of this article may be refused if the requested Party considers that the request would undermine its fundamental interests, national sovereignty, national security or public order.
3. the Parties shall not invoke banking secrecy to justify their refusal to cooperate under this chapter. Where its domestic law so requires, a party may require that a request for cooperation which would involve the lifting of bank secrecy should be allowed, either by a judge or another judicial authority, including the Crown, these authorities acting in relation to criminal offences.
Article 27 Extradition 1. Criminal offences within the scope of application of the present Convention shall be considered as included in any extradition in force between the Parties as offences giving rise to the extradition treaty. The Parties undertake to include such offences in any extradition treaty they conclude as offences giving rise to extradition.
2. If a party that makes extradition conditional on the existence of a treaty receives a request for extradition from a party with which it has not concluded any extradition treaty, it may consider this Convention as the legal basis for extradition for all offences established in accordance with this Convention.
3. Parties that do not make extradition conditional on the existence of a treaty recognize the offences established in accordance with this Convention as extraditable offences.
4. extradition shall be subject to the conditions provided by the law of the requested Party or by applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.
5. If the extradition requested for an offence established in accordance with this Convention is refused solely on the basis of the nationality of the person who is the subject of the application, or because the requested Party considers itself competent in this case, the requested Party shall submit the case to its competent authorities for the purpose of prosecution, unless otherwise agreed with the requesting party , and informed in a timely manner of the final result.
Article 28 spontaneous without prejudice to its own investigations or proceedings, a party may, without prior request, communicate to another part of factual information where it considers that the disclosure of such information is likely to help the party to initiate or carry out investigations or prosecution of the offences established under this Convention or is likely to cause a query of this part within the meaning of the present chapter.
Article 29 Central Authority 1. The Parties shall designate a central authority or, if necessary, several authorities central, charge (s) to send requests made pursuant to this chapter, to respond, to execute or to transmit them to the authorities which have competence to run.
2. each Party shall communicate to the Secretary general of the Council of Europe, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, the name and address of the authorities designated in accordance with paragraph 1 of this article.
Article 30 direct correspondence 1. The central authorities communicate directly between them.
2. in the event of urgency, requests for mutual assistance or communications y relating can be sent directly by the judicial authorities, including the public prosecutor, of 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 made in accordance with paragraphs 1 and 2 of this article may be made through the international criminal police organization (Interpol).
4. If a request is made under paragraph 2 of this article and the authority concerned is not competent to respond, it shall forward it to the competent authority of his country and inform directly the requesting party.
5. requests or communications under paragraph 2 of this chapter, which involve no coercive measures, may be directly transmitted 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 of the 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 should be addressed to its central authority.
Article 31 Information the requested Party shall inform without delay the applicant immediately follow-up to a request under this chapter and the final follow-up result to the application. The requested Party shall forthwith also the requesting Party of any circumstances making it impossible the execution of the measures sought or likely to delay it significantly.
Chapter V final provisions Article 32 Signature and entry into force 1. This Convention is open for signature by the Member States of the Council of Europe and non-Member States which have 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. the instruments of ratification, acceptance or approval shall be deposited with the Secretary general of the Council of Europe.

3. this Convention shall enter into force 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 the day of the entry into force of this Convention.
4. for any signatory State which subsequently expresses its consent to be bound by the convention, it shall enter into force 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 the day of the entry into force of this Convention in its regard.
Article 33 accession 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 community as well as any State not a member of the Council who have not participated in its elaboration to accede to this Convention by a decision taken by the majority provided for in article 20 d of the Statute of the Council of Europe and the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.
2. for the European Community and to any acceding State, the convention enters into force 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 by the Secretary-General of the Council of Europe. The European Community and any State acceding will automatically become members of Greco, if they are not already at the time of accession, the day of the entry into force of this Convention in their regard.
Article 34 territorial Application 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate any territories to which apply this Convention.
2. any party may, at any 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 specified in the declaration. The convention will enter into force with respect to that territory the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary general.
3. any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory specified in the 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.
Article 35 relationship to other conventions and agreements 1. This Convention shall not affect the rights and obligations arising from multilateral international conventions concerning specific issues.
2. the Parties to the convention may conclude between them in bilateral agreements or multilateral relating to matters dealt with in this Convention, for the purpose to supplement or strengthen the provisions thereof to facilitate the application of the principles it enshrines.
3. where two or more Parties have already concluded an agreement or Treaty on a subject covered by this Convention, or when they have determined otherwise their relationship on this subject, they will have the option of applying the agreement, treaty or agreement instead of the Convention, inasmuch as it facilitates international cooperation.
Article 36 Declarations any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it erect criminal offence active corruption bribery of foreign public officials within the meaning of article 5 of international civil servants within the meaning of article 9 or of judges and officials of international courts within the meaning of article 11 only in the extent that the public official or judge performs or fails to perform any act in breach of his official duties.
Article 37 reservations 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it nor erect as criminal offences under its law internal, in whole or in part, the acts referred to in articles 4, 6 to 8, 10, 12 or the passive bribery offences referred to in article 5.
2. any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it made use of the reservation contained in article 17, paragraph 2.
3. any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it may refuse a request for mutual assistance under article 26, paragraph 1, if the request concerns an offence which the requested Party considers 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 shall be permitted. Similar reservations relating to articles 4, 6 and 10 will be considered to be a single reserve.
Article 38 validity and review of declarations and reservations 1. The declarations provided for in article 36 and reservations referred to in article 37 are valid for three years from the first day of the entry into force of the convention for the State concerned. However, these 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 to this end. Three months before the expiration date, the State shall notify to the Secretary general its intention to maintain, change, or remove the declaration or reservation. Otherwise, the Secretary-General informed the State that its declaration or reservation is automatically extended for a period of six months. If the State concerned fails to notify his decision to maintain or amend its reserves before the expiry of this period, the reserves fall.
3. where a party makes a declaration or a reservation in accordance with articles 36 and 37, it provide, before its renewal or upon request, explanations to the Greco as to the reasons for his continued.
Article 39 amendments 1. Amendments to this Convention may be proposed by each party and any proposal will be communicated by the Secretary general of the Council of Europe to the Member States of the Council of Europe and to every non-Member State which 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 on crime problems (CDPC), which shall submit to the Committee of Ministers its opinion on the proposed amendment.
3. the Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDPC and, following consultation of non-States Parties to the present 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 is forwarded to the Parties for acceptance.
5. any amendment adopted in accordance with paragraph 3 of this article will be implemented the thirtieth day after all Parties have informed the Secretary general that they have accepted it.
Article 40 settlement of disputes 1. The European Committee on crime problems of the Council of Europe will be kept informed of the interpretation and the 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 through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on crime problems, to an arbitral tribunal which shall take decisions which will bind the Parties to the dispute , or to the International Court of justice, according to a common agreement between the Parties concerned.
Article 41 denunciation 1. Any party may, at any time, denounce this Convention by sending 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.
Article 42 Notification the Secretary general of the Council of Europe shall notify the Member States of the Council of Europe and any State having acceded to the Convention: a) any signature;
b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any date of entry into force of this Convention in accordance with articles 32 and 33;
(d) any declaration or reservation under article 36 or article 37;
(e) any other Act, notification or communication relating to this Convention.
In witness whereof the undersigned, being duly authorized thereto, have signed the present Convention.

Done at Strasbourg on 27 January 1999, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary general of the Council of Europe in shall communicate certified copies to each of the Member States of the Council of Europe, to any non-Member State who participated in the drafting of the Convention and to any State invited to accede.
«Reservations French: ― in accordance with article 37, paragraph 1, of the Convention, the French Republic reserves the right to not criminalize acts of influence peddling defined in article 12 of the Convention, to influence, such as defined by the article cited above, on the decision of a foreign or a member of a foreign public Assembly public official. 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 regard to article 17, paragraph 1 (b), of the Convention, when the offender is one of its nationals and that the facts are punished by the legislation of the country where they have been committed ", and that it reserves the right not to establish its jurisdiction with regard to the situations referred to in article 17, paragraph 1" done at Paris, on July 4, 2008.
Nicolas Sarkozy by the President of the Republic: Prime Minister François Fillon Minister of foreign and European Affairs, Bernard Kouchner (1) the present convention enters into force on July 1, 2008.

Related Laws