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The United Nations Convention Against Corruption

Original Language Title: Par Apvienoto Nāciju Organizācijas Pretkorupcijas konvenciju

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The Saeima has adopted and the President promulgated the following laws: the United Nations Convention against corruption, article 1. 19 May 2005 in New York signed the United Nations Convention against corruption (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The Convention by the competent authority within the meaning of article 6 of the corruption prevention and combating Bureau. 3. article. In accordance with article 44 of the Convention, the fifth and sixth Republic of Latvia recognizes the Convention as the legal basis for cooperation with other States parties on matters of extradition. 4. article. The institution responsible for the request for the extradition of dispatch or arrival, or of the possible arrest of the meaning of the Convention is the General Prosecutor's Office. 5. article. In accordance with article 46 of the Convention, thirteenth share, the institution responsible for mutual assistance request sending and receiving is the Ministry of Justice. 6. article. In accordance with article 46 of the Convention, the fourteenth part of the Republic of Latvia declares that the requests addressed to it and the attached documents are to be sent together with their translation into Latvian language. 7. article. In accordance with article 55 of the Convention's sixth Republic of Latvia recognizes the Convention as the necessary and sufficient international agreement for cooperation with other States parties on matters of forfeiture. 8. article. Fulfilment of the obligations provided for in the Convention shall coordinate the corruption prevention and combating Bureau. 9. article. Corruption prevention and combating Bureau shall inform the Foreign Ministry about the legislation, which provides in article 55 of the Convention, as well as of any amendments to these regulations. 10. article. The Ministry of Foreign Affairs shall notify the Secretary-General of the United Nations on the announcements and submit it in accordance with article 9 of this law. 11. article. The Convention shall enter into force on its article 68 and the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 12. article. The law shall enter into force on the day following its promulgation. By law to be put before the text of the Convention in English and its translation into Latvian language. The Parliament adopted the law of 17 November 2005. State v. President Vaira Vīķe-Freiberga in Riga 2005 November 30 the UNITED NATIONS CONVENTION AGAINST CORRUPTION (New York, 31 october 2003) preamble the States parties to this Convention, Concerned about the seriousnes of problems and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law , Also Concerned about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money-laundering, Concerned further about cases of corruption that the vas to involv the quantit of assets, which a substantial proportion of Maya constitut the resources of States, and that threaten the political stability and sustainable development of those States, Convinced that corruption is no longer a local matter but a transnational phenomenon that all societies and economies Lady to international cooperation, making it to prevent and control it essential, Convinced also that a comprehensive and multidisciplinary approach is required to prevent and combat corruption effectively, further Convinced that the availability of technical assistance can play an important role in enhancing the ability of States, including by strengthening capacity and institution-building, the BYU prevent and combat corruption effectively, Convinced that the illicit acquisition of personal wealth can be particularly damaging to democratic institutions , national economies and the rule of law, Determined to prevent, detect and deter in a more effective manner international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery, Acknowledging the fundamental principles of due process of law in criminal proceedings and in civil or administrative proceedings, the property rights adjudicat Bearing in mind that the prevention and eradication of corruption is a responsibility of all States and that they must cooperate with one another , with the support and involvement of the individual and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, if their efforts in this area with the to be effective, Bearing in mind also the principles of proper management of public affairs and public property, responsibility and fairnes, equality before the law and the need to safeguard integrity and to foster a culture of rejection of corruption , Commending the work of the Commission on Crime Prevention and Criminal Justice and the United Nations Office on drugs and crime in preventing and combating corruption, Recalling the work carried out by other international and regional organizations in this field, including the activities of the African Union, the Council of Europe, the Customs Cooperation Council (also known as the World Customs Organization) , the European Union, the League of Arab States, the Organisation for Economic Cooperation and development and the Organization of American States, Taking note with appreciation of the multilaterals to prevent tools and combat corruption, including, inter alia, the Inter-American Convention against Corruption, adopted by the Organization of American States on 29 March 1996, the Convention on the fight against Corruption involving officials of the European communities or officials of Member States of the European Union , adopted by the Council of the European Union on 26 May 1997, the Convention on Combating Bribery of the Foreign Public officials in International business transactions, adopted by the Organisation for Economic Cooperation and development on 21 November 1997, the Criminal Law Convention on Corruption, adopted by the Committee of Minister of the Council of Europe on 27 January 1999, the Civil Law Convention on Corruption , adopted by the Committee of Minister of the Council of Europe on 4 November 1999, and the African Union Convention on Preventing and Combating Corruption, adopted by the heads of State and Government of the African Union on 12 July 2003, in Welcoming the entry into force on 29 September 2003 of the United Nations Convention against Transnational Organized Crime, have agreed as follows : Chapter I General provision Article 1 statement of purpose the purpose of this Convention by: (a) To promote and strengthen measure to prevent and combat corruption more efficiently and effectively; (b) To promote, support and facilitat international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery; (c) To promote integrity, accountability and proper management of public affairs and public property. Article 2 use of terms For the purpose of this Convention: (a) "Public official" shall mean: (i) any person holding a legislative, Executive, administrative or judicial office of a State Party, appointed or elected, whethers whethers permanent or temporary, paid or unpaid, whethers irrespectiv of the person's seniority; (ii) any other person who perform a public function, including for a public agency or public enterprise, or provides a public service as defined in the domestic law of the State Party and as applied in the area of pertinen law of that State Party; (iii) any other person defined as (a) "public official" in the domestic law of a State Party. However, for the purpose of some specific measure in chapter II of the led of this Convention, "public official" may mean any person who perform a public function or provides a public service as defined in the domestic law of the State Party and as applied in the area of pertinen law of that State Party; (b) "Foreign public official" shall mean any person holding a legislative, Executive, administrative or judicial office of a foreign country, appointed or elected whethers; and any person exercising a public function for a foreign country, including for a public agency or public enterprise; (c) "Official of a public international organization" shall mean an international civil servant or any person who is authorized by such an organization on behalf of the Act of that organization; (d) "Property" shall mean assets of every kind, corporeal or incorporeal, movable whethers or immovabl, tangibl or intangibl, and legal documents or instruments evidencing title to or interest in such assets; (e) "Proceed of crime" shall mean any property derived from or obtained, directly or indirectly, through the commission of an offenc; (f) "Freezing" or "chicken pox vaccine and" shall mean prohibiting the transfer OK, conversion, disposition or movement of property or custody or control of property OK assuming on the basis of an order issued by a court or other competent authority; (g) "Confiscation", which includes the forfeitures imposed where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority; (h) "the Predicat offenc" shall mean any offenc as a result of which proceed to have been generated that may become the subject of an offenc as defined in article 23 of this Convention; (i) "Controlled delivery" shall mean the technique of allowing illicit or suspect consignment to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of a an offenc and the identification of persons involved in the commission of the offenc. Article 3 scope of application this Convention shall apply 1, in accordanc with its terms, to the prevention, investigation and prosecution of corruption and to the freezing, confiscation and return of the chicken pox vaccine and, the proceed of the offenc established in accordanc with this Convention. 2. For the purpose of implementing this Convention, it shall not be not cessary, except as otherwise stated herein, for the set of the offenc forth in it to result in damage or harm to State property. Article 4 Protection of sovereignty 1. States parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States. 2. Nothing in this Convention shall a State Party it entitl undertak in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law. Chapter II the Preventive measure of article 5 Preventive anti-corruption policies and practices 1 Each State Party shall., in accordanc with the fundamental principles of its legal system, develop and maintain effective, or implementations that anticorruption policies that promote coordinated the participation of society and reflec the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability. 2. Each State Party shall endeavour to establish and promote effective practices aimed at the prevention of corruption. 3. Each State Party shall endeavour to evaluate periodically the legal instruments and relevant administrative measure with a view to determining of their adequacy to prevent and fight corruption. 4. States parties shall, as appropriate and in accordanc with the fundamental principles of their legal system, with each other and collaborat with relevant international and regional organizations in promoting and developing the measure referred to in the of the article. That collaboration may include participation in international programmes and projects aimed at the prevention of corruption. Article 6 Preventive anti-corruption body or bodies 1. Each State Party shall, in accordanc with the fundamental principles of its legal system to ensur the existenc of a body or bodies, as appropriate, that prevent corruption by such means as: (a) Implementing the policies referred to in article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of those policies; (b) Increasing and disseminating knowledge about the prevention of corruption. 2. Each State Party shall grant the body or bodies referred to in paragraph 1 of this article the cessary not independence, in accordanc with the fundamental principles of its legal system, to enable the body or bodies to carry out their functions effectively the its or and free from any influence undu. The cessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions, should be provided. 3. Each State Party shall notify the Secretary-General of the United Nations of the name and address of the authority or authorities that may assist other States parties in developing and implementing a specific measure for the prevention of corruption. Article 7 Public sector 1. Each State Party shall, where appropriate and in accordanc with the fundamental principles of its legal system, endeavour to maintain and strengthen their adop, systems for the recruitment, hiring, retention, promotion and retirement of civil servants and, where appropriate, other non-elected public officials: (a) That are based on principles of efficiency, transparency and objective criteria such as merit , equity and aptitude; (b) that include adequat procedure for the selection and training of the individual for public positions considered especially vulnerabl to corruption and the rotation, where appropriate, of such individual to other positions; (c) that promote the equitable remuneration and adequat pay scales, taking into account the level of economic development of the State Party; (d) that promote education and training programmes to enable them to meet the requirements for the correct, honourabl and proper performance of public functions and that provide them with specialized and appropriate training to enhance their awareness of the risks of corruption to inheren in the performance of their functions. Such programmes may make reference to codes or standards of conduct in applicable areas. 2. Each State Party shall consider adopting appropriate also legislative and administrative measure, consistent with the objective of this Convention and in accordanc with the fundamental principles of its domestic law, the criteria concerning the prescrib candidatur for and election to public office. 3. Each State Party shall also consider taking appropriate legislative and administrative measure, consistent with the objective of this Convention and in accordanc with the fundamental principles of its domestic law, to enhance transparency in the funding of elected public office for candidatur and, where applicable, the funding of political parties. 4. Each State Party shall, in accordanc with the fundamental principles of its domestic law, endeavour to maintain and strengthen their adop systems that promote transparency and prevent conflicts of interest. Article 8 of the Code of conduct for public officials 1. In order to fight corruption, each State Party shall promote, inter alia, integrity, honesty and responsibility among its public officials, in accordanc 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, honourabl and proper performance of public functions. 3. For the purpose of implementing the provision of this article, each State Party shall, where appropriate and in accordanc with the fundamental principles of its legal system, take note of the relevant initiative of regional, interregional and multilaterals organizations, such as the International Code of conduct for Public officials led in the annex to General Assembly resolution 51/59 of 12 December 1996.4. Each State Party shall also consider , in accordanc with the fundamental principles of its domestic law, establishing systems to measure and the reporting by facilitat public officials of acts of corruption to appropriate authorities, when such acts come to their notice in the performance of their functions. 5. Each State Party shall endeavour, where appropriate and in accordanc with the fundamental principles of its domestic law, to establish and measure systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials. 6. Each State Party shall consider taking, in accordanc with the fundamental principles of its domestic law, disciplinary or other measure against the public official who violat the codes or standards established in accordanc with this article. Article 9 Public procurement and management of public finances 1. Each State Party shall, in accordanc with the fundamental principles of its legal system, take the step to establish cessary appropriate systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. Such systems, which may take into account appropriate threshold values in their application, shall address, inter alia: (a) the public distribution of information relating to procurement procedures and contracts, including information on invitation to tender and relevant or pertinen information on the award of contracts, allowing potential tenderer will be sufficient time to prepare and submit their tenders; (b) the establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publications; (c) the use of objective and predetermined criteria for public procurement decisions, in order to facilitat the subsequent verification of the correct application of the rules or procedures; (d) An effective system of domestic review, including an effective system of appeal, the legal recourses and ensur it remedies in the event that the rules or procedures established pursuan to this paragraph are not followed; (e) where appropriate, a measure of the regulat matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurement, screening procedures and training requirements. 2. Each State Party shall, in accordanc with the fundamental principles of its legal system, take appropriate measure to promote transparency and accountability in the management of public finances. Such measure shall encompass, inter alia, of: (a) the procedures for the adoption of the national budget; (b) Timely reporting on revenue and expenditure; (c) A system of accounting and auditing standards and related oversigh; (d) effective and efficient systems of risk management and internal control; and (e) where appropriate, correctiv actions in the case of failure to comply with the requirements established in this paragraph. 3. Each State Party shall take such civil and administrative measure may not be the axis of the cessary, in accordanc with the fundamental principles of its domestic law, to preserve the integrity of accounting books, records, financial statements or other documents related to public expenditure and revenue and to prevent the falsification of such documents. Article 10 Public reporting Taking into account the need to combat corruption, each State Party shall, in accordanc with the fundamental principles of its domestic law, take such measure may not be the axis of the cessary to enhance transparency in its public administration, including with regards to its organization, functioning and decision-making processes, where appropriate. Such measure of may include, inter alia: (a) Adopting procedures or regulations allowing members of the general public to obtain, where appropriate, information on the organization, functioning and decision-making processes of the public administration and it, with due regard for the protection of privacy and personal data, one decision and legal acts that concern members of the public; (b) Simplifying administrative procedures, where appropriate, in order to facilitat public access to the competent authorities the decision-making; and (c) Publishing information, which may include periodic reports on the risks of corruption in its public administration. Article 11 of the Measure relating to the judiciary and prosecution services, Bearing in mind the 1. independence of the judiciary and its crucial role in combating corruption, each State Party shall, in accordanc» with the fundamental principles of its legal system and without prejudice to judicial independence, take a measure to strengthen integrity and to prevent opportunities for corruption among members of the judiciary. Such measure may include the rules with respect to the conduct of members of the judiciary. 2. Measure to the same effect as those taken pursuan to paragraph 1 of this article may be introduced and applied within the prosecution service in those States parties where it does not form part of the judiciary but enjoy the independence similar to that of the judicial service. Article 12 private sector 1. Each State Party shall take the measure, in accordanc with the fundamental principles of its domestic law, to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionat and dissuasiv of the civil, administrative or criminal penalties for failure to comply with such measure. 2. Measure to achieve in these ends may include, inter alia: (a) Promoting cooperation between law enforcement agencies and relevant private entities; (b) Promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourabl and proper performance of the activities of business and all relevant profession and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State; (c) Promoting transparency among private entities, including, where appropriate, regarding the identity of the "legal and natural persons involved in the establishment and management of corporate entities; (d) Preventing the misus of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities; (e) Preventing conflicts of interest by imposing restriction, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their unless; (f) Ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing controls to assist them in preventing and detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures. 3. In order to prevent corruption, each State Party shall take such measure may not be the axis of the cessary, in accordanc with its domestic laws and regulations regarding the maintenance of books and records, financial statement disclosures and accounting and auditing standards, to the following acts prohibi carried out for the purpose of committing any of the offenc's established in accordanc with this Convention : (a) the establishment of off-the-books accounts; (b) the making of off-the-books or inadequately identified transactions; (c) the recording of non-existent expenditure; (d) the entry of incorrect identification of liabilit to with their objects; (e) the use of false documents; and (f) the intentional destruction of bookkeeping documents earlier than foreseen by the law. 4. Each State Party shall disallow the tax deductibility of expense of that of the constitut brib, latter being one of the mobility scooters to the element of the offenc's established in accordanc with articles 15 and 16 of this Convention and, where appropriate, other expense incurred in the furtheranc of corrupt conduct. Article 13 Participation of society 1. Each State Party shall take the appropriate measure, within its means and in accordanc with fundamentals principles of its domestic law, to promote the active participation of the individual and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existenc» , causes and gravity of and the threat posed by corruption. This participation should be strengthened by such measure: (a) the axis of Enhancing the transparency of and promoting the contribution of the public the decision-making processes; (b) Ensuring that the public has effective access to information; (c) Undertaking public information activities that contribute to non-tolerance of corruption, as well as public education programs, including school and university curricula; (d) Respecting, promoting and protecting the freedom to seek, receive, publish and disseminat information concerning corruption. That freedom may be subject to certain restriction, but these shall only be such as are provided for by law and with the cessary not: (i) For respect of the rights or reputation of others; (ii) For the protection of national security or ordre public or of public health or moral. 2. Each State Party shall take the appropriate measure to ensur that the relevant anti-corruption bodies referred to in this Convention are known to the public and shall provide access to such bodies, where appropriate, for the reporting, including anonymously, of any incidents that may be considered an established the constitut an offenc in accordanc with this Convention. Article 14 Measure to prevent money-laundering 1. Each State Party shall: (a) Institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons that provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly money-laundering, susceptibl it within its competence, in order to deter and detect all forms of money-laundering , which regime shall emphasiz-requirements for customer and, where appropriate, beneficial owner identification, record-keeping and the reporting of transactions on suspicio; (b) without prejudice to article 46 of this Convention, ensur that administrative, regulatory, law enforcement and other authorities dedicated to combating money-laundering (including, where appropriate under domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by its domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection analysis and dissemination of information, regarding potential money-laundering. 2. States parties shall consider implementing a measure of feasibl to detect and monitor the movement of cash and appropriate negotiable instruments across their borders, subject to safeguards to ensur proper use of information and without impeding in any way the movement of capital legitimat. Such measure may include a requirement of that individual and businesses report the cross-border transfer of substantial quantit of cash and to appropriate negotiable instruments. 3. States parties shall consider implementing appropriate and feasibl of measure to require financial institutions, including money remitter: (a) To include on the form for the electronic transfer of funds and related messages accurate and meaningful information on the originator; (b) It maintains such information throughout the payment chain; and (c) To apply enhanced scrutiny to transfers of funds that do not contain complete information on the originator. 4. In establishing a domestic regulatory and supervisory regime under the terms of this article, and without prejudice to any other article of this Convention, the States parties called upon it to use as a guideline the relevant initiative of regional, interregional and multilaterals organizations against money-laundering. 5. States parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money-laundering. Chapter III Criminalization and law enforcement article 15 Bribery of national public officials Each Party shall State the adop such legislative and others measure may not be the axis of the axle of the offenc cessary establish criminal, when committed intentionally: (a) the promise, offering or giving to a public official, directly or indirectly, of an undu, advantage, for the official himself or herself or another person or entity , in order that the official act or refrain from acting in the exercise of his or her official duties; (b) the solicitation or acceptance by a public official, directly or indirectly, of an undu advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties. Article 16 Bribery of foreign public officials and officials of public international organizations 1. Each State Party shall adop to such legislative and others measure may not be the axis of the cessary to establish as a criminal when committed intentionally, the offenc, the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undu advantage , for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, in order to obtain or retain business or other advantage undu in relations to the conduct of international business. 2. Each State Party shall consider adopting such legislative and other measure may not be the axis of the axle (a) establish criminal offenc cessary, when committed intentionally, the solicitation or acceptance by a foreign public official or an official of a public international organization, directly or indirectly, of an undu advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties. Article 17, Embezzlemen or other diversion of property misappropriations by a public official, the State Party shall adop to Each such legislative and others measure may not be the axis of the axle of the offenc cessary establish criminal, when committed intentionally, the embezzlemen, or other diversions by a published misappropriations official for his or her benefit or for the benefit of another person or entity, of any property , public or private funds or securities or any other thing of value entrusted to the public official by virtue of his or her position. Article 18 Trading in influence Each State Party shall consider adopting such legislative and other measure may not be the axis of the axle of the offenc cessary establish criminal, when committed intentionally: (a) the promise, offering or giving to a public official or any other person, directly or indirectly, of an undu advantage in order that the public official or the person abuse his or her real or supposed influence with a view to obtaining from an administration or public authority of the State Party an undu advantage for the original instigator of the Act or for any other person; (b) the solicitation or acceptance by a public official or any other person, directly or indirectly, of an undu advantage for himself or herself or for another person in order that the public official or the person abuse his or her real or supposed influence with a view to obtaining from an administration or public authority of the State Party an advantage undu. Article 19 abuse of functions Each State Party shall consider adopting such legislative and other measure may not be the axis of the axle (a) establish criminal offenc cessary, when committed intentionally, the abuse of functions or positions, that is, the performance of or failure to perform an Act, in violation of the law, by a public official in the discharge of his or her functions , for the purpose of obtaining an advantage for himself or undu herself or for another person or entity. Article 20 subject to the enrichmen the Illicium its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measure may not be the axis of the axle (a) establish criminal offenc cessary, when committed intentionally, illicit, that is the enrichmen, a significant increase in the assets of a public official that he or she cannot reasonably explain in his or her lawful rights to income. Article 21 Bribery in the private sector Each Party shall consider adopting such a State legislative and others measure may not be the axis of the axle of the offenc cessary establish criminal, when committed intentionally in the course of economic, financial or commercial activities: (a) the promise, offering or giving, directly or indirectly, an advantage of the undu to any person who directs or works, in any capacity , for a private sector entity, for the person himself or herself or for another person, in order that he or she, in breach of his or her duties, act or refrain from acting; (b) the solicitation or acceptance, directly or indirectly, of an advantage by any person undu who directs or works, in any capacity, for a private sector entity, for the person himself or herself or for another person, in order that he or she, in breach of his or her duties, act or refrain from acting. Article 22 Embezzlemen of property in the private sector Each Party shall consider adopting such a State legislative and others measure may not be the axis of the cessary to establish as a criminal when committed intentionally offenc, in the course of economic, financial or commercial activities, embezzlemen by a person who directs or works, in any capacity, a private sector entity in of any property , private funds or securities or any other thing of value entrusted to him or her by virtue of his or her position. Article 23 of the proceed of crime Laundering 1. Each State Party shall adop, in accordanc with fundamentals principles of its domestic law, such legislative and other measure may not be the axis of the axle of the offenc cessary establish criminal, when committed intentionally: (a) (i) the conversion or transfer of property, knowing that such property is the proceed of crime, for the purpose of concealing or disguising the illicit origin of the property or be of helping any person who is involved in the commission of the predicat has offenc to nter the legal consequences of his or her action; (ii) the concealmen or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property, knowing that such property is the proceed of crime; (b) subject to the basic concepts of its legal system: (i) the acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceed of crime; (ii) Participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the established of the offenc in accordanc with this article. 2. For the purpose of implementing or applying paragraph 1 of this article: (a) Each State Party shall seek to apply paragraph 1 of this article to the wides range of the offenc predicat; (b) Each State Party shall include as an offenc predicat's at a minimum a comprehensive ranking of the offenc established in accordanc criminal with this Convention; (c) For the purpose of subparagraph (b) above, shall include the offenc predicat of the offenc committed both within and outside the jurisdiction of the State Party in question. However, committed outside of the offenc the jurisdiction of a State Party of the offenc predicat constitut IR only when the relevant conduct is a criminal under the domestic law of the offenc of the State where it is committed and would be a criminal under the domestic law of the offenc of the State Party implementing or applying this article had it been committed there; (d) Each State Party shall furnish to the cop of its laws that give effect to this article and of any subsequent changes to such laws or a description thereof to the Secretary-General of the United Nations; (e) If required by fundamental principles of the domestic law of a State Party, it may be provided that the set of the offenc forth in paragraph 1 of this article do not apply to the persons who committed the predicat has offenc. Article 24 without prejudice to Concealmen to the provision of article 23 of this Convention, each State Party shall consider adopting such legislative and other measure may not be the axis of the axle (a) establish criminal offenc cessary, when committed intentionally after the commission of any of the established of the offenc in accordanc with this Convention without having participated in such of the offenc concealmen continued retention of property or when the person involved knows that such property is the result of any of the established in accordanc with offenc of this Convention. Article 25 Reversible of Justice Each State Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary establish criminal, when committed intentionally: (a) the use of physical force, threats or intimidation or the promise, offering or giving of an undu advantage to induce false news article or it interfer in the giving of the news article or the production of evidence in a proceedings in relations to the commission of the offenc established in accordanc with this Convention; (b) the use of physical force, threats or intimidation to interfer with the exercise of official duties by a justice or law enforcement official in relations to the commission of the offenc established in accordanc with this Convention. Nothing in this subparagraph shall prejudice the right of States parties to have legislation that protects other categories of public official. Article 26 Liability of legal persons 1. Each State Party shall adop a such measure may not be the axis of the cessary, consistent with its legal principles, to establish the liability of legal persons for participation in the established of the offenc in accordanc 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. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offenc. 4. Each State Party shall, in particular, that legal persons will ensur held liabl in accordanc with this article are subject to effective, proportionat and dissuasiv of the criminal or non-criminal sanctions, including monetary sanctions. Article 27 Participation and attempt 1. Each State Party shall adop to such legislative and others measure may not be the axis of the cessary to establish as a criminal, in accordanc offenc with its domestic law, participation in any capacity such as an accomplice, Assistant or instigator in an offenc is established in accordanc with this Convention. 2. Each State Party may be adop such legislative and others measure may not be the axis of the cessary to establish as a criminal, in accordanc offenc with its domestic law, any attempt to commit an offenc is established in accordanc with this Convention. 3. Each State Party may be adop such legislative and others measure may not be the axis of the cessary to establish as a criminal, in accordanc offenc with its domestic law, the preparation for an offenc is established in accordanc with this Convention. Article 28 knowledge, intent and purpose as elements of an offenc knowledge, intent or purpose required as an element of an offenc is established in accordanc with this Convention may be inferred from objective factual circumstanc. Article 29 of the Statute of limitations for Each State Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commenc-proceedings for any of the offenc established in accordanc with this Convention and establish a longer Statute of limitations period or provide for the suspension of the Statute of limitations where the alleged offender has evaded the administration of Justice. Article 30 Prosecution, adjudication and sanctions 1. Each State Party shall make the commission of an offenc established in accordanc with of this Convention liabl to sanctions that take into account the gravity of that offenc. 2. Each State Party shall take such measure may not be the axis of the cessary to establish or maintain, in accordanc with its legal system and constitutional principles, an appropriate balance between any jurisdictional privilege accorded to the immunit of doing it or a public official for the performance of their functions and the possibility, when not effectively investigating, prosecuting cessary, of adjudicating the offenc established in accordanc and with this Convention. 3. Each State Party shall endeavour to ensur that any discretionary legal powers under its domestic law relating to the prosecution of a person for the offenc established in accordanc with this Convention are exercised to maximize the effectiveness of law enforcement measure in respect of those offenc and with due regard to the need to deter the commission of such offenc. 4. In the case of the offenc established in accordanc with this Convention, each State Party shall take the appropriate measure, in accordanc with its domestic law and with due regard to the rights of the defence, to seek to ensur that conditions imposed in connection with decisions on release pending trial or appeal take into considerations the need to ensur the presence of the defendan at subsequent criminal proceedings. 5. Each State Party shall take into account the gravity of the offenc's concerned when considering the eventuality of early release or parole of persons convicted of such offenc. 6. Each State Party, to the exten to be consistent with the fundamental principles of its legal system, shall consider establishing procedures through which a public official accused of an offenc is established in accordanc with this Convention may, where appropriate, be removed, suspended or reassigned by the appropriate authority, bearing in mind respect for the principles of the presumption of innocence. 7. Where warranted by the gravity of the offenc, each State Party, to the exten the consistent with the fundamental principles of its legal system, shall consider establishing procedures for the disqualification, by court order or any other appropriate means, for a period of time determined by its domestic law, of persons convicted of the offenc established in accordanc with this Convention from : (a) Holding public office; and (b) Holding office in an enterprise owned in whole or in part by the State. 8. Paragraph 1 of this article shall be without prejudice to the exercise of disciplinary powers by the competent authorities against the civil servants. 9. Nothing in this Convention shall affec led to the principle that the description of the offenc's established in accordanc with this Convention and of the applicable legal defence or other legal principles controlling the lawfulnes of conduct is reserved to the domestic law of a State Party and that such shall be prosecuted and punished by the offenc in accordanc with that law. 10. States parties shall endeavour to promote the reintegration into society of persons convicted of the offenc established in accordanc with this Convention. Article 31 Freezing, confiscation and chicken pox vaccine and 1. Each State Party shall take, to the greatest possible within its exten the domestic legal system, such measure may not be the axis of the cessary to enable confiscation of: (a) the Proceed of crime derived from the established in accordanc offenc with this Convention or property the value of which correspond to that of such proceed; (b) Property, equipment or other instrumentalit used in or destined for the USA in accordanc with offenc's established in this Convention. 2. Each State Party shall take such measure may not be the axis of the cessary to enable the identification, tracing, freezing or chicken pox vaccine and of any item referred to in paragraph 1 of this article for the purpose of eventual confiscation. 3. Each State Party shall adop, in accordanc with its domestic law, such legislative and other measure may not be the axis of the cessary to regulat the administration by the competent authorities to be of frozen, seized or confiscated property covered in paragraphs 1 and 2 of this article. 4. If such proceed of crime have been transformed or converted, in part or in full, into other property, such property shall be liabl to the measure referred to in of this article instead of the proceed. 5. If such proceed of crime have been intermingled with property acquired from, a legitimat source such property shall, without prejudice to any powers relating to freezing or chicken pox vaccine and the confiscation, be liabl up to the assessed value of the intermingled proceed. 6. Income or other benefits derived from such proceed of crime, from property into which such proceed of crime have been transformed or converted or from property with which such proceed of crime have been intermingled shall also be liabl to the measure referred to in the of this article, in the same manner and to the same axis proceed of crime exten. 7. For the purpose of this article and article 55 of this Convention, each State Party shall empower its courts or other competent authorities to order that the bank, financial or commercial records be made available or seized. (A) a State Party shall not act to declin under the provision of this paragraph on the ground of bank secrecy. 8. States parties may consider the possibility of requiring that an offender demonstrates the lawful origin of such alleged proceed of crime or other property confiscation, it liabl to the exten to that such a requirement is consistent with the fundamental principles of their domestic law and with the nature of judicial and other proceedings. 9. The provision of this article shall not be so construed as to prejudice the rights of bona fide third parties. 10. Nothing in this article shall led affec the principals that the measure to which it shall be defined and implemented to refer in accordanc with and subject to the provision of the domestic law of a State Party. Article 32 of witness Protection, experts and victim 1. Each State Party shall take the appropriate measure in accordanc with its domestic legal system and within its means to provide effective protection from potential intimidation for retaliations or witness and experts who give news article concerning the offenc established in accordanc with this Convention and, as appropriate, for their relatives and other persons close to them. 2. The measure envisaged in the paragraph 1 of this article may include, inter alia, without prejudice to the rights of the defendan, including the right to due process: (a) Establishing procedures for the physical protection of such persons, such as, to the exten the cessary and feasibl not, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabout of such person; (b) Providing evidentiary rules to permit witness and experts to give news article in a manner that the safety of ensur such persons, such as permitting news article to be given through the use of communications technology such as video or other means of adequat. 3. States parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article. 4. The provision of this article shall also apply insofar as the victim is ut300r2u witness. 5. Each State Party shall, subject to its domestic law, enable the views and concerns of the victim to be presented and considered at appropriate stages of criminal proceedings against the offender in a manner not question 2(a) to the rights of the defence. Article 33 Protection of reporting persons Each State Party shall consider incorporating into its domestic legal system appropriate measure to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning the offenc's established in accordanc with this Convention article 34 consequences of acts of corruption With due regards to the rights of third parties acquired in good faith , each State Party shall take the measure, in accordanc with the fundamental principles of its domestic law, to address consequences of corruption. In this context, States parties may consider corruption a relevant factor in legal proceedings to rescind a contract or annulus, withdraw a concession or other similar instrument or take any other remedial action. Article 35 Compensation for damage Each State Party shall take such measure may not be the axis of the cessary, in accordanc with principles of its domestic law, to ensur that entities or persons who have suffered damage as a result of an act of corruption have the right to legal proceedings against the initiat those responsible for that damage in order to obtain compensation. Article 36 Specialized authorities Each State Party shall, in accordanc with the fundamental principles of its legal system to ensur the existenc of a body or bodies or persons specialized in combating corruption through law enforcement. Such body or bodies or persons shall be granted the cessary independence, in accordanc with the fundamental principles of the legal system of the State Party, to be able to carry out their functions effectively and without any influence undu. Such person or staff of such body or bodies should have the appropriate training and resources to carry out their tasks. Article 37 Cooperation with law enforcement authorities 1. Each State Party shall take the appropriate measure to encourag person who participat or who have participated in the commission of an offenc is established in accordanc with this Convention to supply information useful to competent authorities for investigative and the evidentiary purpose and to provide factual, specific help to competent authorities that it may contribute to depriving the offender of the proceed of crime and to recovering such proceed. 2. Each State Party shall consider providing for the possibility, in appropriate cases, of mitigating punishment of an accused person who provides substantial cooperation in the investigation or prosecution of an offenc is established in accordanc with this Convention. 3. Each State Party shall consider providing for the possibility, in accordanc with fundamental principles of its domestic law, of granting immunity from prosecution to a person who provides substantial cooperation in the investigation or prosecution of an offenc is established in accordanc with this Convention. 4. Protection of such persons shall be, mutatis mutandis, as provided for in article 32 of this Convention. 5. Where a person referred to in paragraph 1 of this article located in one State Party can provide substantial cooperation to the competent authorities of a another State Party, the States parties concerned may consider entering into agreements or arrangements, in accordanc with their domestic law, concerning the potential provision by the other State Party of the treatment set forth in paragraphs 2 and 3 of this article. Article 38 Cooperation between national authorities Each State Party shall take such measure may not be the axis of the cessary to encourag, in accordanc with its domestic law, cooperation between, on the one hand, its public authorities, as well as its official publication, and, on the other hand, its authorities responsible for investigating and prosecuting criminal offenc. Such cooperation may include: (a) Informing the latter authorities, on their own initiative, where there are reasonable grounds to believe that any of the offenc's established in accordanc with articles 15, 21 and 23 of this Convention has been committed; or (b) Providing, upon request, to the latter authorities all cessary information article 39 no Cooperation between the national authorities and the private sector Each Party shall 1 State take such measure may not be the axis of the cessary to encourag, in accordanc with its domestic law, cooperation between national investigating and prosecuting authorities and entities of the private sector to, in particular financial institutions, relating to matters involving the commission of the offenc established in accordanc with this Convention. 2. Each State Party shall consider encouraging its nationals and other persons with a habitual residence in its territory to report to the national investigating and prosecuting authorities the commission of an offenc is established in accordanc with this Convention. Article 40 Bank secrecy Each State Party shall ensur that, in the case of domestic criminal investigations of the offenc established in accordanc with this Convention, there are appropriate mechanisms available within its domestic legal system it is the that removes overcom may «arise out of the application of bank secrecy laws. Article 41 Criminal records Each State Party may be legislative or other adop such measure may not be the axis of the cessary to take into considerations, under such terms as and for the purpose that it is appropriate, deemas any previous convictions in another State of an alleged offender for the purpose of using such information in criminal proceedings relating to an offenc is established in accordanc with this Convention. Article 42 1 Each State Party Jurisdiction shall adop a such measure may not be the axis of the cessary to establish its jurisdiction over the established of the offenc in accordanc with this Convention when: (a) the offenc is committed in the territory of that State Party; or (b) the offenc is committed on board a vessel that is flying the flag of that State Party or an aircraft that is registered under the law of that State Party at the time that the offenc is committed. 2. Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offenc when: (a) the offenc is committed against a national of that State Party; or (b) the offenc is committed by a national of that State Party or a stateles person who has his or her habitual residence in its territory; or (c) the offenc is one of those established in accordanc with article 23, paragraph 1 (b) (ii), of this Convention and is committed outside its territory with a view to the commission of an offenc is established in accordanc with article 23, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory; or (d) the offenc is committed against the State Party. 3. For the purpose of article 44 of this Convention, each State Party shall take such measure may not be the axis of the cessary to establish its jurisdiction over the established of the offenc in accordanc with this Convention when the alleged offender is present in its territory and it does not such a person solely on the extradit ground that he or she is one of its nationals. 4. Each State Party may also take such measure may not be the axis of the cessary to establish its jurisdiction over the established of the offenc in accordanc with this Convention when the alleged offender is present in its territory and it does not extradit him or her in. 5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that any other States parties in conducting an investigation, the prosecution or judicial proceedings in respect of the same conduct, the competent authorities to be of those States parties shall, as appropriate, consult one another with a view to coordinating their action. 6. Without prejudice to norms of general international law, this Convention shall not exclude the exercise of any criminal jurisdiction established by a State Party in accordanc with its domestic law. Chapter IV International cooperation article 43 International cooperation 1. States parties shall cooperate in criminal matters in accordanc with articles 44 to 50 of this Convention. Where appropriate and consistent with their domestic legal system, States parties shall consider assisting each other in investigations of and proceedings in civil and administrative matters relating to corruption. 2. In matters of international cooperation, whenever dual criminality is considered a requirement, it shall be deemed fulfilled the whethers irrespectiv of the law of the requested State Party place the offenc is within the same category of the offenc or denominat offenc by the same terminology as the requesting State Party, if the conduct underlying the offenc for which assistance is sought is a criminal of the offenc under the law of both States parties. Article 44 Extradition 1. This article shall apply to the established of the offenc in accordanc with this Convention where the person who is the subject of the request for extradition is present in the territory of the requested State Party, provided that the extradition is sought offenc for which is punishabl is under the domestic law of both the requesting State Party and the requested State Party. 2. Notwithstanding the provision of paragraph 1 of this article, a State Party whose law so permit may grant the extradition of a person for any of the offenc covered by this Convention that are not under its own punishabl of domestic law. 3. If the request for extradition includes several separate offenc, at least one of which is the extraditabl under this article and some of which are not extraditabl by reason of their period of imprisonmen but are related to established in accordanc with offenc of this Convention, the requested State Party may apply this article also in respect of those offenc. 4. Each of the offenc to which this article applies shall be deemed to be included as an extraditabl in any extradition treaty the offenc existing between States parties. States parties to include such undertak offenc extraditabl is the axis of the offenc in every extradition treaty to be concluded between them. (A) a State Party whose law so permit, in the case of this Convention as it us the basis for extradition, shall not consider any of the offenc's established in accordanc with this Convention to be a political offenc. 5. If a State Party that makes extradition conditional on the existenc of a treaty receive a request for extradition from another State Party with which it has extradition treaty, it may consider from this Convention the legal basis for extradition in respect of any offenc to which this article applies. 6. A State Party that makes extradition conditional on the existenc of a treaty shall: (a) At the time of deposit of its instrument of ratification, acceptance or approval of or accession to this Convention, inform the Secretary-General of the United Nations whethers it will take this Convention as the legal basis for cooperation on extradition with other States parties to this Convention; and (b) If it does not take this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to the Council on extradition conclud treats with other States parties to this Convention in order to implementations that this article. 7. States parties that do not make extradition conditional on the existenc of a treaty shall recognize offenc to which this article applies as of the between of the offenc extraditabl themselves. 8. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treats, including, inter alia, the condition in relations to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refus is extradition. 9. States parties shall, subject to their domestic law, endeavour to the extradition procedure and the expedit simplify evidentiary requirements relating in respect of any theret offenc to which this article applies. 10. Subject to the provision of its domestic law and its extradition, the requested State treats Party may, upon being satisfied that the warrant and with the circumstanc so urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measure to ensur is his or her presence at extradition proceedings. 11. A State Party in whose territory an alleged offender is found, if it does not respect such a person in extradit of an offenc to which this article applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without delay to its competent of the undu to authorities for the purpose of prosecution. Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offenc of a grave nature under the domestic law of that State Party. The States parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensur the efficiency of such prosecution. 12. Whenever a State Party is permitted under its domestic law to extradit or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the Party line is imposed as a result of the trial or proceedings for which the extradition or surrender of the person was sought and that the State Party and the State Party seeking the extradition of the person agree with this option and other terms that they may be appropriate, such de conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 11 of this article. 13. If extradition, sought for the purpose of enforcing a line, is refused because the person sought is a national of the requested State Party, the requested State Party shall, if its domestic law so permit and in conformity with the requirements of such law, upon application of the requesting State Party, consider the enforcement of the line is imposed under the domestic law of the requesting State Party or the remainder thereof. 14. Any person regarding whom proceedings are being carried out in connection with any of the offenc to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including the enjoymen of all the rights and guarantee provided for by the domestic law of the State Party in the territory of which that person is present. 15. Nothing in this Convention shall be interpreted as imposing an obligation to extradit if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person's sex, race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person's position for any one of these reasons. 16. States parties may note a request for extradition refus on the sole ground that the offenc is also considered it a fiscal matters involv. 17. Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with the opportunity to present the ampl its opinion and to provide information relevant to its allegation. 18. States parties shall seek to conclud a bilateral and multilaterals agreements or arrangements to carry out or to enhance the effectiveness of extradition. Article 45 Transfer of sentenced persons States parties may consider entering into bilateral agreements or arrangements or multilaterals on the transfer to their territory of persons sentenced to other forms of imprisonmen or deprivation of liberty for the established in accordanc with offenc this Convention in order that they may complete their line in there. Article 46 Mutual legal assistance 1. States parties shall afford one another the wides a measure of mutual legal assistance in investigations, prosecution and judicial proceedings in relations to the offenc covered by this Convention. 2. Mutual legal assistance shall be afforded to the fulles exten to be possible under relevant laws, agreements and arrangements, treats of the requested State Party with respect to investigations, prosecution and judicial proceedings in relations to the legal person for which a offenc may be held liabl in accordanc with article 26 of this Convention in the requesting State Party. 3. Mutual legal assistance to be afforded in accordanc with this article may be requested for any of the following purpose: (a) Taking evidence or statements from persons; (b) Effecting service of judicial documents; (c) Executing searches and chicken pox vaccine and, and freezing; (d) Examining objects and sites; (e) Providing information, evidentiary items and expert evaluations; (f) Providing originals or certified to the cop of relevant documents and records, including Government, bank, financial, corporate or business records; (g) Identifying or tracing proceed of crime, property, or other things for instrumentalit to evidentiary purpose; (h) Facilitating the voluntary appearance of persons in the requesting State Party; (i) Any other type of assistance that is not contrary to the domestic law of the requested State Party; (j) Identifying, freezing and tracing proceed of crime in accordanc with the provision of chapter V of this Convention; (k) the recovery of assets, in accordanc with the provision of chapter V of this Convention. 4. Without prejudice to domestic law, the competent authorities of the State Party (a) may, without prior request, transmit information relating to criminal matters to a competent authority in another State Party where they believe that such information could assist the authority in undertaking or successfully concluding inquires and criminal proceedings or could result in a request formulated by the latter State Party to this Convention pursuan. 5. The transmission of information to the paragraph 4 of pursuan this article shall be without prejudice to criminal proceedings and inquires in the State of the competent authorities providing the information to. The competent authorities receiving the information to shall comply with a request that said information remain confidential, even OK, or with restriction on its use. However, this shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person. In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party. If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay. 6. The provision of this article shall not be affec the obligations under any other treaty, bilateral or multilaterals, that govern or will govern, in whole or in part, mutual legal assistance. 7. Paragraphs 9 to 29 of this article shall apply to requests made pursuan to this article if the States parties in question are not bound by a treaty of mutual legal assistance. If those States parties are bound by such a treaty, the òàæó provision of that treaty shall apply unless the States parties agree to apply paragraphs 9 to 29 of this article in lieu thereof. States parties are strongly encouraged to apply those paragraphs if they a facilitat cooperation. 8. States parties shall not render mutual legal assistance to declin-pursuan to this article on the ground of bank secrecy. 9. (a) (A) the requested State Party, in responding to a request for assistance pursuan to this article in the absence of dual criminality, shall take into account the purpose of this Convention, as set forth in article 1; (b) States parties may render assistance to declin pursuan to this article on the ground of absence of dual criminality. However, a requested State Party shall, where consistent with the basic concepts of its legal system, render assistance that does not a coerciv involv action. Such assistance may be refused when requests involv Venezuela of a de minimis nature or matters for which the cooperation or assistance sought is available under the other provision of this Convention; (c) Each State Party may consider adopting such measure may not be the axis of the cessary to enable it to provide a wider scope of assistance pursuan to this article in the absence of dual criminality. 10. (A) the person who is being detained or is serving a line in the territory of one State Party whose presence in another State Party is requested for the purpose of identification, news article or otherwise providing assistance in obtaining evidence for the investigation, prosecution or judicial proceedings in the relations it covered by this Convention offenc may be transferred if the following conditions are met: (a) the person freely give of his or her informed consent; (b) the competent authorities of both States the parties agree, subject to such conditions as those States parties may take appropriate de. 11. For the purpose of paragraph 10 of this article: (a) the State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the the State Party from which the person was transferred; (b) the State Party to which the person is transferred shall without delay its obligations it implementations that return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities to be of both States parties; (c) the State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiat the extradition proceedings for the return of the person; (d) the person transferred shall receive credit for service of the line is being served in the State from which he or she was transferred for time to spen in the custody of the State Party to which he or she was transferred. 12. Unless the State Party from which a person is to be transferred in accordanc with paragraphs 10 and 11 of this article so agree, that person, whatever his or her nationality, shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts , omission or convictions prior to his or her departure from the territory of the State from which he or she was transferred. 13. Each State Party shall designat a central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for the execution. Where a State Party has a special region or territory with a separate system of mutual legal assistance, it may a distinct central authority designat that shall have the same function for that region or territory. Central authorities shall ensur the speedy and proper execution or transmission of the requests received. Where the central authority will transmit the request to a competent authority for execution, it shall encourag the speedy and proper execution of the request by the competent authority. The Secretary-General of the United Nations shall be notified of the central authority designated for this purpose at the time each State Party deposits its instrument of ratification, acceptance or approval of or accession to this Convention. Requests for mutual legal assistance and any communication related shall be transmitted to the theret the central authorities designated by the States parties. This requirement shall be without prejudice to the right of a State Party to require that such requests and communications be addressed to it through diplomatic channels and, in urgent circumstanc, where the States parties agree, through the International Criminal Police Organization, if possible. 14. Requests shall be made in writing or, where possible, by any means capable of producing a written record in a language to the requested State acceptabl Party, under conditions allowing that State Party to establish authenticity. The Secretary-General of the United Nations shall be notified of the language or languages of the State Party acceptabl each at the time it deposits its instrument of ratification, acceptance or approval of or accession to this Convention. In urgent circumstanc and where agreed by the States parties, requests may be made orally but shall be confirmed in writing forthwith. 15. A request for mutual legal assistance shall contain: (a) the identity of the authority making the request; (b) the subject matter and nature of the investigation, prosecution or judicial proceedings to which the request relate and the name and functions of the authority conducting the investigation, prosecution or judicial proceedings; (c) A summary of the relevant facts, except in relations to their requests for the purpose of service of judicial documents; (d) A description of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed; (e) where possible, the identity, location and nationality of any person concerned; and (f) the purpose for which the evidence, information or action is sought. 16. The requested State Party may request additional information when it does not appear cessary for the execution of the request in accordanc with its domestic law or when it can such execution is facilitat. 17. A request shall be executed in accordanc with the domestic law of the requested State Party and, to the contrary it exten notes the domestic law of the requested State Party and where possible, in accordanc with the procedures specified in the request. 18. Wherever possible and consistent with fundamental principles of domestic law, when an individual is in the territory of a State Party and has to be heard as a witness or expert by the judicial authorities of another State Party, the first State Party may, at the request of the other, permit the hearing to take place by video conference if it is not possible or for the individual desirabl in question to 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 attended by a judicial authority of the requested State Party. 19. The requesting State Party shall not transmit or use information or evidence furnished by the requested State Party for investigations, prosecution or judicial proceedings other than those stated in the request without the prior consent of the requested State of the Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing in its proceedings information or evidence that is exculpatory to an accused person. In the latter case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if so requested, consult with the requested State Party. If, in an exceptional case, advance notice is not possible, the requesting State Party shall inform the requested State Party of the disclosure without delay. 20. The requesting State Party may require that the requested State Party keep confidential the fact and substance of the request, except to the exten the cessary to not execute the request. If the requested State Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting State Party. 21. Mutual legal assistance may be refused: (a) If the request is not made in conformity with the provision of this article; (b) If the requested State Party consider that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests; (c) If the authorities of the requested State Party would be prohibited by its domestic law from carrying out the action requested with regard to any similar offenc, had it been subject to investigation, prosecution or judicial proceedings under their own jurisdiction; (d) If it would be contrary to the legal system of the requested State Party relating to mutual legal assistance for the request to be granted. 22. States parties may note a request for mutual refus legal assistance on the sole ground that the offenc is also considered it a fiscal matters involv. 23. Reasons shall be given for any refusal of mutual legal assistance. 24. The requested State Party shall execute the request for mutual legal assistance as soon as possible and shall take as full account as possible of any deadline suggested by the requesting State of the Party and for which reasons are given, preferably in the request. The requesting State Party may make reasonable requests for information on the status and progress of the measure taken by the requested State Party to satisfy its request. The requested State Party shall responds to reasonable requests by the requesting State Party on the status, and progress in its handling of the request. The requesting State Party shall promptly inform the requested State Party when the assistance sought is no longer required. 25. Mutual legal assistance may be postponed by the requested State Party on the ground that it's an ongoing investigation, interfer with prosecution or judicial proceedings. 26. Before refusing a request to paragraph 21 of pursuan this article or postponing its execution pursuan to paragraph 25 of this article, the requested State Party shall consult with the requesting State Party to consider assistance may be granted whethers subject to such terms and conditions as it not cessary deemas. If the requesting State Party accept the assistance subject to those conditions, it shall comply with the 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, consent to give evidence in a proceedings or to assist in an investigation, prosecution or judicial proceedings in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in that territory in respect of acts , omission or convictions prior to his or her departure from the territory of the requested State Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days or for any period agreed upon by the States parties from the date on which he or she has been officially informed that his or her presence is no longer required by the judicial authorities, an opportunity of leaving, has not remained voluntarily in the vertheles in the territory of the requesting State Party or , having left it, has returned of his or her own free will. 28. The ordinary costs of executing a request shall be borne by the requested State Party, unless otherwise agreed to by the States parties concerned. If expense of a substantial or extraordinary nature with or will be required to fulfil the request, the States parties shall consult to determin the terms and conditions under which the request will be executed, as well as the manner in which the costs shall be borne. 29. The requested State Party: (a) Shall provide to the requesting State Party of the cop to the Government records, documents or information in its possession that under its domestic law with the available to the general public; (b) May, at its discretion, provide to the requesting State Party in whole, in part or subject to such conditions as it is appropriate, to the cop deemas of any Government records, documents or information in its possession that under its domestic law are not available to the general public. 30. States parties shall consider, as may be the possibility of not concluding cessary, or bilateral agreements or arrangements in the multilaterals that would serve the purpose of, give practical effect to or enhance the provision of this article. Article 47 Transfer of criminal proceedings States parties shall consider the possibility of transferring to one another proceedings for the prosecution of an offenc is established in accordanc with this Convention in cases where such transfer is considered to be in the interests of the proper administration of Justice, in particular in cases where several jurisdiction with a view to the involved, with concentrating the prosecution. Article 48 Law enforcement cooperation 1. States parties shall cooperate closely with one another, is consistent with their domestic legal and administrative the respectiv systems, enhance the effectiveness of law enforcement action to combat the offenc covered by this Convention. States parties shall, in particular, take effective measure: (a) To enhance and, where not, to establish channels of cessary communications between their competent authorities, agencies and the services in order to facilitat the secure and rapid exchange of information concerning all aspects of the offenc covered by this Convention, including, if the States parties concerned shall in appropriate, de links with other criminal activities; (b) To cooperate with other States parties in conducting inquires with respect to the offenc covered by this Convention concerning: (i) the identity, the whereabout of and activities of persons suspected of involvement in such offenc or the location of other persons concerned; (ii) the movement of the proceed of crime or property derived from the commission of such offenc; (iii) the movement of property, equipment or other instrumentalit used or intended to be for use in the commission of such offenc; (c) To provide, where appropriate, not items or to cessary quantit of substances for analytical or investigative purpose of; (d) To exchange, where appropriate, information with other States parties concerning specific means and methods used to commit offenc covered by this Convention, including the use of false identities, forged, altered or false documents and other means of concealing activities; (e) It is effective coordination between their facilitat competent authorities, the agencies and services and to promote the exchange of personnel and other experts, including, subject to bilateral agreements or arrangements between the States parties concerned, the posting of Liason officer; (f) To exchange information and line of the administrative measure taken by and others as appropriate for the purpose of early identification of the offenc covered by this Convention. 2. With a view to giving effect to this Convention, States parties shall consider entering into bilateral agreements or arrangements or multilaterals on direct cooperation between their law enforcement agencies and, where such agreements or subject is already exist, amending them. In the absence of such agreements or arrangements between the States parties concerned, the States parties may consider this Convention to be the basis for mutual law enforcement cooperation in respect of the offenc covered by this Convention. Whenever appropriate, States parties shall make full use of agreements or arrangements, including international or regional organizations, to enhance the cooperation between their law enforcement agencies. 3. States parties shall endeavour to cooperate within their means it responds in the covered by this Convention offenc committed through the use of modern technology. Article 49 joint investigations States parties shall consider concluding bilateral agreements or arrangements or multilaterals whereby, in relations to matters that are the subject of investigation, prosecution or judicial proceedings in one or more States, the competent authorities concerned may establish a joint investigative bodies of. In the absence of such agreements or arrangements, joint investigations may be undertaken by agreement on a case-by-case basis. The States parties involved shall ensur that the sovereignty of the State Party in whose territory such investigation is to take place is fully respected. Article 50 Special investigative techniques 1. In order to combat corruption effectively, each State Party shall, to the exten the permitted by the basic principles of its domestic legal system and in accordanc with the conditions prescribed by its domestic law, take such measure may not be the axis of the cessary, within its means, to allow for the appropriate use by the competent authorities of its controlled delivery and, where it is appropriate deemas , other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, within its territory, and to allow for the admissibility in Court of evidence derived therefrom. 2. For the purpose of investigating the offenc covered by this Convention, States parties are encouraged to conclud that when not appropriate bilateral or multilaterals cessary, agreements or arrangements for using such special investigative techniques in the context of cooperation at the international level. Such agreements or arrangements shall be concluded and implemented is in full compliance with the principles of the sovereign equality of States and shall be carried out strictly in accordanc with the terms of those agreements or arrangements. 3. In the absence of an agreement or through a sharp set forth in paragraph 2 of this article, the decision to use such special investigative techniques at the international level shall be made on a case-by-case basis and may, when not cessary, take into considerations the financial arrangements and understanding with respect to the exercise of jurisdiction by the States parties concerned. 4. the Decision to use controlled delivery at the international level may, with the consent of the States parties concerned, include methods such as intercepting and allowing the goods to continue intact or funds or be removed or replaced in whole or in part. Chapter V asset recovery article 51 General provision for the return of assets to this chapter pursuan is a fundamental principle of this Convention , and States parties shall afford one another the wides a measure of cooperation and assistance in this regards. Article 52 Prevention and detection of transfers of the proceed of crime 1. Without prejudice to article 14 of this Convention, each State Party shall take such measure may not be the axis of the cessary, in accordanc with its domestic law, to require financial institutions within its jurisdiction to verify the identity of customers, to take reasonable steps to determin the identity of beneficial owners of funds deposited into high-value accounts and to conduct enhanced scrutiny of accounts sought or maintained by or on behalf of individual who are, or have been, entrusted with prominent public functions and their family members and close associates. Such enhanced scrutiny shall be reasonably designed to detect suspicio to transactions for the purpose of reporting to the competent authorities and should not be so construed as to a financial institution or prohibi discourag from doing business with any customers legitimat. 2. In order to facilitat-implementation of the measure provided for in the paragraph 1 of this article, each State Party, in accordanc with its domestic law and inspired by the relevant initiative of regional, interregional and multilaterals organizations against money-laundering, shall: (a) issue advisories regarding the types of natural or legal persons to whose accounts financial institutions within its jurisdiction will be expected to apply enhanced scrutiny the types of accounts and transactions to which they pay particular attention and appropriate account-opening, maintenance and record-keeping measure to take concerning such accounts; and (b) where appropriate, notify financial institutions within its jurisdiction, at the request of another State Party or on its own initiative, of the identity of particular natural or legal persons to whose accounts such institutions will be expected to apply enhanced scrutiny, in addition to those whom the financial institutions may otherwise identify. 3. In the context of paragraph 2 (a) of this article, each State Party shall "to ensur implementations that it is financial institutions maintain records, over an adequat appropriate period of time, of accounts and transactions involving the persons mentioned in paragraph 1 of this article, which should, as a minimum, contain information relating to the identity of the customer as well as as far as possible, of the beneficial owner. 4. With the aim of preventing and detecting transfers of proceed of the offenc established in accordanc with this Convention, each State Party shall implementations that appropriate and effective measure to prevent, with the help of it and the regulatory bodies, the oversigh establishment of banks that have no physical presence and that are not affiliated with a regulated financial group. Moreover, States parties may consider requiring their financial institutions to enter into their refus or continue a correspondent banking relationship with such institutions and to guard against establishing relations with foreign financial institutions that permit their accounts to be used by banks that have no physical presence and that are not affiliated with a regulated financial group. 5. Each State Party shall consider establishing, in accordanc with its domestic law, effective financial disclosure systems for appropriate public officials and shall provide for appropriate sanctions for non-compliance. Each State Party shall also consider taking such measure may not be the axis of the cessary to permit its competent authorities to share that information with it to the competent authorities in the other States parties when not, claim the cessary investigat and recover of the offenc proceed established in accordanc with this Convention. 6. Each State Party shall consider taking such measure may not be the axis of the cessary, in accordanc with its domestic law, to require appropriate public officials having an interest in or signature or other authority over a financial account in a foreign country to report that relationship to appropriate authorities and to maintain appropriate records related to such accounts. Such measure shall also provide for the appropriate sanctions for non-compliance.

Article 53 Measure for direct recovery of property Each State Party shall, in accordanc with its domestic law: (a) to take such measure may not be the axis of the cessary to permit another State Party to the civil action in it to initiat courts to establish title to or ownership of property acquired through the commission of an offenc is established in accordanc with this Convention; (b) take such measure may not be the axis of the cessary to permit its courts to order those who have committed an offenc's established in accordanc with this Convention to pay compensation or damage to another State Party that has been harmed by such offenc; and (c) take such measure may not be the axis of the cessary to permit its courts or the competent authorities, when having to decide on confiscation, to recognize another State Party's claim as a legitimat owner of property acquired through the commission of an offenc is established in accordanc with this Convention. Article 54 mechanisms for recovery of property through international cooperation in confiscation 1. Each State Party, in order to provide mutual legal assistance to article 55 pursuan of this Convention with respect to property acquired through or involved in the commission of an offenc is established in accordanc with this Convention, shall, in accordanc with its domestic law: (a) to take such measure may not be the axis of the cessary to permit its competent authorities to give effect to an order of confiscation issued by the United Nations a Court of another State Party; (b) take such measure may not be the axis of the cessary to permit its competent authorities to, where they have jurisdiction, to order the confiscation of such property of foreign origin by adjudication of an offenc of money-laundering or such others as may be offenc within its jurisdiction or by other procedures authorized under its domestic law; and (c) Consider taking such measure may not be the axis of the confiscation of such property the cessary allow without a criminal convictions in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases. 2. Each State Party, in order to provide mutual legal assistance upon a request made to the paragraph 2 of pursuan article 55 of this Convention, shall, in accordanc with its domestic law: (a) to take such measure may not be the axis of the cessary to permit its competent authorities to freeze or seize the property upon a freezing order issued by a chicken pox vaccine and the or court or competent authority of a requesting State Party that provides a reasonable basis for the requested State Party to believe that there be sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for the purpose of paragraph 1 (a) of this article; (b) take such measure may not be the axis of the cessary to permit its competent authorities to freeze or seize the property upon a request that provides a reasonable basis for the requested State Party to believe that there is a sufficient ground for taking such actions and that the property would eventually be subject to an order of confiscation for the purpose of paragraph 1 (a) of this article; and (c) Consider taking additional measure to permit its competent authorities to preserve property for confiscation thereof, such as on the basis of a foreign arrest or criminal charge related to the acquisition of such property. Article 55 International cooperation for the purpose of confiscation 1. A State Party that has received a request from another State Party having jurisdiction over an offenc is established in accordanc with this Convention for confiscation of the proceed of crime, property, equipment or other instrumentalit it referred to in article 31, paragraph 1, of this Convention situated in its territory shall, to the greatest possible within its exten the domestic legal system : (a) submit the request to its competent authorities for the purpose of obtaining the order of confiscation and the United Nations, if such an order is granted, give effect to it; or (b) submit to its competent authorities, with a view to giving effect to a it to the requested order of the exten, confiscation issued by a United Nations Court in the territory of the requesting State Party in accordanc with articles 31, paragraph 1, and 54, paragraph 1 (a), of this Convention insofar as it relate to proceed of crime, property, equipment or other instrumentalit it referred to in article 31 , paragraph 1, situated in the territory of the requested State Party. 2. Following a request made by another State Party having jurisdiction over an offenc is established in accordanc with this Convention, the requested State Party shall take measure to identify, trace and freeze or seize proceed of crime, property, equipment or other instrumentalit it referred to in article 31, paragraph 1, of this Convention for the purpose of eventual confiscation to be ordered either by the requesting State Party or , to a request under pursuan paragraph 1 of this article, by the requested State Party. 3. The provision of article 46 of this Convention with the applicable, mutatis mutandis, to this article. In addition to the information specified in article 46, paragraph 15, requests made to pursuan this article shall contain: (a) In the case of a request pertaining to paragraph 1 (a) of this article, a description of the property to be confiscated, including, to the exten the possible, the location and, where relevant, the estimated value of the property and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law; (b) In the case of a request pertaining to paragraph 1 (b) of this article, (a) a copy of an admissibl order legally of confiscation upon which the request is based issued by the requesting State Party, a statement of the facts and information as to the exten to which execution of the order is requested, a statement specifying the measure taken by the requesting State of the Party to provide adequat notification to bona fide third parties and to ensur is due process and a statement that the confiscation order is final; (c) In the case of a request pertaining to paragraph 2 of this article, a statement of the facts relied upon by the requesting State Party and a description of the actions requested and, where available, a copy of an admissibl order legally on which the request is based. 4. The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordanc with and subject to the provision of its domestic law and its procedural rules or any bilateral agreement or through multilaterals or to which it may be bound in relations to the requesting State Party. 5. Each State Party shall furnish to the cop of its laws and regulations that give effect to this article and of any subsequent changes to such laws and regulations or a description thereof to the Secretary-General of the United Nations. 6. If a State Party make it Electa the taking of the measure referred to in the paragraphs 1 and 2 of this article conditional on the existenc of a relevant treaty, that State Party shall consider this Convention the cessary and not sufficient to treaty basis. 7. Cooperation under this article may also be refused or provisional measure lifted if the requested of the State Party does not receive sufficient and timely evidence or if the property is of a de minimis value. 8. Before lifting any provisional measure taken pursuan to this article, the requested State Party shall, wherever possible, give the requesting State Party an opportunity to present its reasons in favour of continuing the measure. 9. The provision of this article shall not be construed as prejudicing the rights of bona fide third parties. Article 56 Special cooperation without prejudice to its domestic law, each State Party shall endeavour to take the measure to permit it to forward, without prejudice to its own investigations, prosecution or judicial proceedings, information on proceed of the offenc established in accordanc with this Convention to another State Party without prior request, when it will consider that the disclosure of such information might assist the receiving Party in initiating or a State carrying out investigations , prosecution or judicial proceedings or might lead to a request by that State Party under this chapter of the Convention. Article 57 Return and disposal of assets confiscated by a 1 Property State Party to article 31 pursuan or 55 of this Convention shall be disposed of, including by return to its prior owner, a legitimat pursuan to paragraph 3 of this article, by that State Party in accordanc with the provision of this Convention and its domestic law. 2. Each State Party shall adop a such legislative measure and others, in accordanc with the fundamental principles of its domestic law, as may be not to enable its competent cessary to authorities to return confiscated property, when acting on the request made by another State Party, in accordanc with this Convention, taking into account the rights of bona fide third parties. 3. In accordanc with articles 46 and 55 of this Convention and paragraphs 1 and 2 of this article, the requested State Party shall: (a) In the case of embezzlemen of public funds or of laundering of embezzled public funds as referred to in articles 17 and 23 of this Convention, when confiscation was executed in accordanc with article 55 and on the basis of a final judgement in the requesting State Party , a requirement that can be waived by the requested State Party, return the confiscated property to the requesting State Party; (b) In the case of any other of the proceed of offenc covered by this Convention, when confiscation was executed the in accordanc with article 55 of this Convention and on the basis of a final judgement in the requesting State Party, a requirement that can be waived by the requested State Party, return the confiscated property to the requesting State Party, when the requesting State Party reasonably establish it in prior ownership of such confiscated property to the requested State Party or When the requested State Party recognizes damage to the requesting of the State Party as a basis for returning the confiscated property; (c) In all other cases, give priority considerations it returning confiscated property to the requesting State Party, returning such property to its prior owner legitimat or compensating the victim of the crime. 4. Where appropriate, unless the States parties decide otherwise, the requested State Party may be reasonable expense deduc-incurred in the investigation, prosecution or judicial proceedings leading to the return or disposition of confiscated property pursuan to this article. 5. Where appropriate, States parties may also give special considerations to concluding agreements or arrangements, on a acceptabl mutually a case-by-case basis, for the final disposal of confiscated property. Article 58 the Financial Intelligence Unit States parties shall cooperate with one another for the purpose of preventing and combating the transfer of proceed of the offenc established in accordanc with this Convention and of promoting ways and means of recovering such proceed and, to that end, shall consider establishing a financial intelligence unit to be responsible for receiving, analysing and disseminating to the competent authorities of the reports to the financial transactions suspicio. Article 59 Bilateral agreements and arrangements of the multilaterals and the States parties shall consider concluding bilateral agreements or arrangements or multilaterals to enhance the effectiveness of international cooperation undertaken pursuan to this chapter of the Convention. Chapter VI Technical assistance and information exchange article 60 Training and technical assistance 1. Each State Party shall, to the exten the cessary, not develop or improve initiat, specific training program for its personnel responsible for preventing and combating corruption. Such training programmes could deal, inter alia, with the following areas: (a) the effective measure to prevent, detect, punish and control corruption, the investigat, including the use of evidence-gathering and investigative method; (b) Building capacity in the development and planning of strategic anticorruption policy; (c) Training to the competent authorities in the preparation of requests for mutual legal assistance that meet the requirements of this Convention; (d) the Evaluation and strengthening of institutions, public service management and the management of public finances, including public procurement, and the private sector; (e) Preventing and combating the transfer of proceed of the offenc established in accordanc with this Convention and recovering such proceed; (f) Detecting and freezing of the transfer of of the offenc established proceed in accordanc with this Convention; (g) surveillance of the movement of the offenc established of proceed in accordanc with this Convention and of the methods used to transfer, conceal or disguise such proceed; (h) appropriate and efficient legal and administrative mechanisms and methods for facilitating the return of proceed of the offenc established in accordanc with this Convention; (i) methods used in protecting the victim and witness who cooperate with judicial authorities; and (j) Training in national and international regulations and in languages. 2. States parties shall, according to their capacity, consider affording one another the wides a measure of technical assistance, especially for the benefit of developing countries, in their respectiv plan and program to combat corruption, including material support and training in the areas referred to in paragraph 1 of this article, and training and assistance and the mutual exchange of relevant experience and specialized knowledge, which will facilitat international cooperation between States parties in the areas of extradition and mutual legal assistance. 3. States parties shall strengthen, to the exten cessary, efforts to maximize operational and it training activities in international and regional organizations and in the framework of relevant bilateral and multilaterals agreements or arrangements. 4. States parties shall consider assisting one another, upon request, in conducting evaluations, studies and research relating to the types, causes, effects and costs of corruption in their countries, with a the respectiv view to developing, with the participation of the competent authorities and society, strategies and action plans to combat corruption. 5. In order to facilitat the recovery of proceed of the offenc established in accordanc with this Convention, States parties may cooperate in providing each other with the names of experts who could assist in achieving that objective. 6. States parties shall consider using subregional, regional and international conferences and seminars to promote cooperation and technical assistance and to the discussion on problems of stimulat mutual concern, including the special problems and needs of developing countries and countries with economies in transition. 7. States parties shall consider establishing voluntary mechanisms with a view to contributing financially to the efforts of developing countries and countries with economies in transition to apply this Convention through technical assistance programmes and projects. 8. Each State Party shall consider making voluntary contributions to the United Nations Office on drugs and crime for the purpose of fostering, through the Office of program and projects in developing countries with a view to implementing this Convention. Article 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, as well as the corruption of the offenc circumstanc in which are committed. 2. States parties shall consider developing and sharing with each other and through international and regional organizations statistics, analytical expertise concerning corruption and information with a view to developing, insofar as possible, the common definition, standard and methodolog, as well as information on best practices to prevent and combat corruption. 3. Each State Party shall consider monitoring its policies and actual measure to combat corruption and making assessments of their effectiveness and efficiency. Article 62 Others measure: the implementation of the Convention through economic development and technical assistance 1. States parties shall take the measure of the conduciv to the optimal implementation of this Convention to the exten to possible, through international cooperation, taking into account the negative effects of corruption on society in general, in particular on sustainable development. 2. States parties shall make concrete efforts to the exten the possible and in coordination with each other, as well as with international and regional organizations: (a) To enhance their cooperation at various levels with developing countries, with a view to strengthening the capacity of the latter to prevent and combat corruption; (b) To enhance financial and material assistance to support the efforts of developing countries to prevent and fight corruption effectively and to help them implementations that this Convention successfully; (c) To provide technical assistance to developing countries and countries with economies in transition to assist them in meeting their needs for the implementation of this Convention. To that end, States parties shall endeavour to make regular voluntary contributions adequat and to an account specifically designated for that purpose in a United Nations funding mechanism. States parties may also give special considerations, in accordanc with their domestic law and the provision of this Convention, to contributing to that account a percentage of the money or of the òàæó value of the proceed of crime or property confiscated in accordanc with the provision of this Convention; (d) It and encourag persuad other States and financial institutions as appropriate to join them in efforts in accordanc with this article, in particular by providing more training programmes and modern equipment to developing countries in order to assist them in achieving the objective of this Convention. 3. To the exten to possible, these shall be of the "without prejudice to existing foreign assistance commitment or other financial arrangements for their cooperation at the bilateral, regional or international level. 4. States parties may by bilateral or conclud multilaterals agreements or arrangements on material and logistical assistance, taking into considerations the financial arrangements for the cessary not means of international cooperation provided for by this Convention to be effective and for the prevention, detection and control of corruption. Chapter VII mechanisms for the implementation of article 63 Conference of the State parties to the Convention of 1. A Conference of the States parties to the Convention is hereby established to improve the capacity of and cooperation between States parties to achieve the objective set forth in the Convention and to promote this and review its implementation. 2. The Secretary-General of the United Nations shall conven the Conference of the States parties not later than one year following the entry into force of this Convention. Thereafter, regular meetings of the Conference of the States parties shall be held in accordanc with the rules of procedure adopted by the Conference. 3. The Conference of the States parties shall adop rules of procedure and rules each of the functioning of the activities set forth in this article, including rules concerning the admission and participation of observer, and the payment of the expense incurred in carrying out those activities. 4. The Conference of the States parties shall agree upon activities, procedures and methods of work to achieve the objective set forth in the paragraph 1 of this article, including: (a) Facilitating activities by States parties under articles 60 and 62 and chapter II to V of this Convention, including by encouraging the mobilizations of voluntary contributions; (b) Facilitating the exchange of information among States parties on patterns and trends in corruption and on successful practices for preventing and combating it and for the return of the proceed of crime, through, inter alia, the publication of relevant information as mentioned in This article; (c) Cooperating with relevant international and regional organizations and mechanisms and non-governmental organizations; (d) Making appropriate use of relevant information produced by other international and regional mechanisms for combating and preventing corruption in order to avoid unnecessary duplication of work; (e) Reviewing periodically the implementation of this Convention by its States parties; (f) Making recommendations to improve this Convention and its implementation; (g) Taking note of the technical assistance requirements of States parties with regard to the implementation of this Convention and recommending any action it may not be in that de cessary respect. 5. For the purpose of paragraph 4 of this article, the Conference of the States parties shall not cessary acquir the knowledge of the measure taken by the States parties in implementing this Convention and the difficult to by them in doing so encountered through information provided by them and through such supplemental review mechanisms as may be established by the Conference of the States parties. 6. Each State Party shall provide the Conference of the States parties with information on its programmes, plans and practices, as well as on legislative and administrative measure to implementations that this Convention, as required by the Conference of the States parties. The Conference of the States parties shall examin the most effective way of receiving and acting upon information, including, inter alia, information received from States parties and from competent international organizations. Inputs received from relevant non-governmental organizations duly accredited in accordanc with procedures to be decided upon by the Conference of the States parties may also be considered. 7. the paragraphs 4 to Pursuan 6 of this article, the Conference of the States parties shall establish, if it is not, any cessary deemas appropriate mechanism or body to assist in the effective implementation of the Convention. Article 64 Secretariat 1. The Secretary-General of the United Nations shall provide the secretariat services the cessary the Conference of the States parties to the Convention. 2. The secretariat shall: (a) assist the Conference of the States parties in carrying out the activities set forth in article 63 of this Convention and make arrangements and provide the cessary services for the sessions of the Conference of the States parties; (b) Upon request, assist States parties in providing information to the Conference of the States parties as envisaged in article 63, paragraphs 5 and 6, of this Convention; and (c) not the cessary Ensur coordination with the secretariat of the relevant international and regional organizations. Chapter VIII Final provision Article 65 Implementation of the Convention Each State Party shall 1 take the cessary measure, including legislative and administrative measure, in accordanc with fundamental principles of its domestic law, the implementation of ensur it its obligation under this Convention. 2. Each State Party may be strict or adop more sever than those of the measure provided for by this Convention for preventing and combating corruption. Article 66 settlement of dispute of l. States parties shall endeavour to settle the dispute 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 that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States parties are unable to agree on the organization of the arbitration, any one of those States parties may refer the dispute to the International Court of justice by request in accordanc 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. The other States parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation. 4. Any State Party that has made a reservation in accordanc with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. Article 67 signature, ratification, acceptance, approval and accession 1 this Convention shall be open to all States for signature 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 shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Convention in accordanc with paragraph 1 of this article. 3. This Convention is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall 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 likewis. In that instrument of ratification, acceptance or approval, such organization shall declare the exten of its competence with respect to the matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the exten of its competence. 4. This Convention is open for accession by any State or any 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 shall declare the exten of its competence with respect to matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the exten of its competence. Article 68 Entry into force this Convention shall enter 1 into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization. 2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the thirtieth instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Convention enter into force pursuan to paragraph 1 of this article , whichever is later. Article 69 Amendment 1. After the expiry of five years from the entry into force of this Convention, a State Party may proposes an amendment and transmit it to the Secretary-General of the United Nations shall thereupon communicate who the proposed amendment to the States parties and to the Conference of the States parties to the Convention for the purpose of considering and deciding on the proposal. The Conference of the States parties shall make every effort to achieve a consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States parties present and voting at the meeting of the Conference of the States parties. 2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise their and vice versa. 3. An amendment adopted in accordanc with paragraph 1 of this article is subject to ratification, acceptance or approval by States parties. 4. An amendment adopted in accordanc with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment. 5. When an amendment to enter into force, it shall be binding on those States parties which have expressed their consent to be bound by it. "Other States parties shall still be bound by the provision of this Convention and any earlier amendments that they have ratified, accepted or approved. Article 70 Denunciation 1 A State Party may denounc this Convention by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General. 2. A regional economic integration organization shall cease to be a Party to this Convention when all of its member States have denounced it. Article 71 Depositary and languages 1. The Secretary-General of the United Nations is designated depositary of this Convention. 2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In WITNESS WHEREOF, the undersigned, being duly authorized to plenipotentiar by their respectiv theret in Governments, have signed this Convention.

The United Nations Convention against corruption of the preamble of the Convention, recognizing the seriousness of the problem and the threat that corruption poses to the stability and security of the country, undermining institutions, democracy, ethics and core values of Justice and jeopardizing sustainable development and the rule of law, respecting the corruption links with other forms of crime, in particular organized crime and economic crime, including money laundering, subject to including cases of corruption related to a significant amount of funds and can form an important part of public resources and threatening the political stability of these countries and sustainable development, in the conviction that corruption is no longer just a domestic problem, but an international phenomenon that affects all societies and economies, and considering that it is essential to agree international cooperation to prevent and control corruption, the belief that you need a comprehensive and multi purpose action to effectively prevent and combat corruption, the belief that, in order to prevent and combat corruption effectively, countries of great importance is the opportunity to receive technical support including the possibility of strengthening and institution-building, the conviction that illegal personal benefit benefits can be particularly damaging to democratic institutions, national economies and the rule of law, committing to a much more effective way to prevent, protect and hold illegal international movements of funds and develop international cooperation in recovery, recognizing the basic principles of the process of the law in criminal proceedings and in civil or administrative proceedings concerning ownership, given that prevention and eradication of corruption is a responsibility of all States and for these efforts to be successful, countries should cooperate with each other and with persons and groups who are not represented in the public sector, such as civil society, non-governmental organizations and community based organizations in support of, and involvement in, also bearing in mind the public property and public issue management principles, impartiality, responsibility and equality before the law and the need to safeguard integrity and foster a culture of rejection of corruption flourishing in recognition of the crime prevention and criminal justice, the Commission and the United Nations drug and crime service work in preventing and combating corruption taking into account the work carried out by other international and regional organizations in this field, including the work of the African Union, the Council of Europe, Customs Cooperation Council (also known as the World Customs Organization), the European Union and the Arab League, the Organisation for economic cooperation and development and the United States, pursuant to and welcomed the multilateral prevention and combating corruption, including the Starpamerik National Convention against corruption that of 29 March 1996, adopted the United Nations Convention to combat the corruption of officials of the European communities or officials of the countries of the European Union action in the field of 26 May 1997 adopted by the European Union, the Convention on combating bribery of foreign officials in international business transactions of 1997. on 21 November, adopted by the Organization for economic cooperation and development, the Criminal Law Convention against corruption, which in 1999 was adopted on 27 January the Council of Europe, the Council of Ministers , Civil law Convention against corruption, which in 1999 November 4, adopted by the European Council of Ministers of the Council, and the African Union Convention on the prevention and combating of corruption, which is July 12, 2003 adopted the African Union Heads of State welcomed the United Nations Convention against transnational organised crime to the entry into force on 29 September 2003, have agreed as follows: chapter I General provisions article 1 Purpose the purpose of this Convention, the wording is (a). To encourage and support more effective and result-oriented measures for preventing and combating corruption; (b) to promote, provide and support international cooperation and technical assistance in the fight against corruption and its prevention, including the recovery; c. to promote fair, responsible and open public affairs and public property management. Article 2 use of terms for the purposes of this Convention: (a) ' public official ' shall mean: (i) any person who, in the Member State of permanent or temporary elected or appointed to take paid or unpaid, the legislative, the Executive, Government or judicial posts, irrespective of the length of service life; (ii) any other person who performs a public function, including for a public agency or public enterprise, or providing public services, as provided for in national laws and regulations; (iii) any other person who is defined as "public official a" in national legislation. However, some of those provided for in chapter II of the Convention measures "public officer" can be any officials who perform public service obligations or provides public services, as provided for in national laws and regulations; (b) "Foreign official" means any person who occupies an elective or appointed, legislature, Executive, administrative or judicial office of a foreign country, and any person who performs public functions in a foreign country, including a public agency or public enterprise; (c) "international public officials" is an international civil servant or any person authorised by the organisation to act on behalf of the Organization; (d) "property" means any type of thing, material or immaterial, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such property or interest in such property; (e) ' criminal obtained funds "means any property which, directly or indirectly, by any criminal offence; (f) "freezing" or "seizure" shall mean temporarily prohibiting the transfer, modify, move, or dispose of the property, or the property supervision or control at the time of the transfer in accordance with the Court or other competent authority order; (g) "confiscation", which includes forfeiture of the property, if one is provided, means permanent expropriation in accordance with the Court or other competent authority order; (h) "Predicate offence" means any crime that results in crime means that can become article 23 of this Convention defines a criminal offence; (i) "controlled delivery" means the technique that allows to export out, leave the import into or through one or more countries in the territory of the illegal or suspicious cargo, with the competent authorities and under the supervision of the message, in order to investigate a criminal offence and to identify the persons involved in a criminal offence. 3. Article 1 of the Convention Application, subject to the terms people are suitable for corruption prevention, investigation and indictments, and the freezing, seizure and forfeiture, in return, derived from this Convention for criminal offences. 2. in order to implement this Convention, where here it is not stated otherwise, do not necessarily need to be the criminal offence referred to in the future, would result in the loss or damage caused to public property. Article 4 protection of Sovereignty 1. Member States shall carry out their obligations under this Convention in a manner consistent with the sovereign equality of States and the principle of territorial integrity and non-interference in other countries ' internal affairs. 2. nothing in this Convention entitles a Member State to exercise its jurisdiction in the territory of another State, or to perform the functions that are assigned to the exclusive service of another State in accordance with its national regulations. Chapter II preventive measures article 5 Preventive anti-corruption policies and practices 1. Each Member State shall, subject to its laws, to develop, implement or ensure effective, coordinated anti-corruption policies, which promote the participation of society and reflect the principles of legality, according to a public affairs and public property management, integrity, transparency and accountability. 2. Each Member State should seek to establish and promote effective practice that focuses on the prevention of corruption. 3. each Member State shall endeavour to evaluate periodically the relevant legal instruments and administrative measures to ensure compliance with preventing and combating corruption. 4. The Member States, to promote and develop the activities specified in this article, adequately and in accordance with the fundamental principles of law to cooperate among themselves, as well as with relevant international and regional organizations. Such cooperation may include the powers of the international programs and projects aimed at the prevention of corruption. Article 6 Preventive anti-corruption body or bodies 1. Each Member State shall, subject to its laws, ensure that you create an organization or organizations that will prevent corruption with features such as: (a) implementing the policies set out in article 5 of this Convention, and, when necessary, monitoring and coordination of its implementation; (b) expanding and disseminating knowledge about the prevention of corruption. 2. Each Member State shall, in accordance with its fundamental principles of law, be granted in paragraph 1 of this article, the organisation or organisations the necessary independence to that organisation or organisations are able to carry out their duties efficiently and free of improper influence. They should be provided with the necessary material resources and trained staff, as well as the training that such staff required for the performance of the duties of the position. 3. each Member State shall notify the Secretary-General of the United Nations its authority or authorities of the name and address that can help other Member States to develop and implement specific measures for the prevention of corruption. Article 7 the public sector 1. Each Member State shall, where applicable and in accordance with its legal principles, to seek to establish, maintain and strengthen the system of public servants and, where applicable, other non-elected public officials for recruitment, remuneration, retention, and retirement to support that: (a) is based on the principles of effectiveness and transparency and objective criteria such as merit, fairness and ability; (b) consist of the appropriate procedures in the selection and training of persons working in the public service, which is particularly exposed to the risk of corruption, and, where possible, ensuring rotation of such persons to the other posts; (c) provide adequate pay and fair application of the wage scale, taking into account the Member State's level of economic development; (d) provide for the education and training programmes, providing employees with specialized and appropriate training to facilitate their compliance with the national Office for the proper, fair and adequate enforcement, and developed their capacity to realize the possible risks of corruption in their duties. Such programs can meet the relevant area codes and standards adopted. 2. Each Member State should also consider adopting appropriate legislation and take administrative measures according to the objectives of this Convention and in accordance with national laws and fundamental principles that determine the criteria for the order, the public officials election and candidature. 3. Each Member State shall also be considered to realize appropriate legislative and administrative measures, pursuant to the objectives of this Convention and in accordance with national legislation, to promote the candidates qualifying for elected posts, public funding, as well as, where applicable, the political organization of financing. 4. Each Member State shall, subject to its national legislation, must endeavour to adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interest. Article 8 public officer code of ethics 1. in order to combat corruption, each Member State in accordance with the fundamental principles of its legal system, among other things, their State officials to promote the integrity, honesty and responsibility. 2. in particular, each Member State should endeavour in its institutional and legal system to ensure the proper, fair and public functions in the appropriate standard of conduct or code of conduct. 3. the provisions of this article, each Member State shall, where appropriate and in accordance with its legal principles, should take account of regional, interregional and multilateral organizations relevant initiatives, such as the code of conduct for public officials, which is 12 December 1996, the General Assembly resolution 51/59, annex of the No. 4. Each Member State in accordance with its national laws and principles should also consider the possibility of introducing measures and ensuring that systems are designed for national officials reporting to the relevant authorities for corruption, for which they have discovered the execution of its functions. 5. Each Member State shall, where appropriate and in accordance with its national legislation, to promote measures and systems implementation, which States that public officials to provide relevant services, including the communication of their activities outside the post office, employment, investment, property and substantial gifts or benefits that are related to their functions as public officials can create a conflict of interest. 6. Each Member State in accordance with its national legislation, to consider applying the disciplinary or other coercive measures public officials who violate the codes or standards established in accordance with this article. Article 9 public procurement and public financial management 1. Each Member State in accordance with the fundamental principles of the legal system must take the necessary measures to create a procurement system in which decision-making is based on transparency, competition and objective criteria in decision-making, which is effectively, and prevent corruption. These systems, which can be taken into account in the application of appropriate price thresholds laid down, inter alia, to ensure: (a) information on procurement procedures and contracts for distribution in society, including information on invitations to participate in competitions and information on related or those belonging to the award of contracts, allowing potential tenderers sufficient time to prepare and submit your application; (b) that is developed and published, participation conditions, including requirements for candidate selection and contract award criteria, the competition rules and their publication; (c) that the public procurement decisions are made on the basis of objective and pre-established criteria to facilitate further checks on the correctness of the application of that procedure; (d) an effective system of local review, including an effective appeal system to provide legitimate ways and possibilities to go for help in the event of failure to comply with this article, in accordance with the procurement rules or drafted procedures; (e) where appropriate, measures to regulate matters regarding employees responsible for procurement, such as such as Declaration of interest in particular public procurement, as well as inspection procedures and qualification requirements. 2. Each Member State in accordance with the fundamental principles of the legal system to take appropriate measures to encourage public disclosure of financial management and Accountability Act. The following measures, among others, include: (a) procedures for the approval of the national budget; (b) timely reporting on expenditure and revenue; (c) accounting and audit standards and the monitoring of the system; (d) efficient and effective risk management and internal control systems; (e) where appropriate, the correction is made in the case of non-compliance with the requirements laid down in this article. 3. Each Member State should take the civil and administrative measures, in accordance with the fundamental principles of national law may be required to keep accounting records, records, financial statements and other documents related to State and local government expenditure and revenue, in conformity with the truth and protect them from counterfeiting. Article 10 Public reports taking into account the need to combat corruption, each Member State in accordance with its national law, must take such measures as may be necessary to promote the transparency of the operation of the Administration, including in relation to the Organization of its operations, functions and, where appropriate, in decision-making processes. Like this measures may include: (a) adoption of the rules of procedure or by allowing members of the public, where appropriate, to obtain information on their public administration organisation, functions and decision-making processes, as well as taking into account the privacy and protection of personal data, information about the members of the related decisions and legislation; (b) the simplification of administrative procedures, which it is appropriate to facilitate public access to the decisions of tribunals of competent authorities; and (c) information, which may include periodic reports on the risks of corruption in public administration. Article 11 measures related to judicial and prosecution authorities 1. bearing in mind the independence of the judiciary and its crucial importance in the fight against corruption, each Member State in accordance with the fundamental principles of its legal system and without damage to the independence of the judiciary should take measures to strengthen integrity and to prevent the corruption of the judiciary, persons belonging to the middle. Such measures may include rules on judicial behavior of persons belonging to the. 2. the measures referred to in the first paragraph of this article may be implemented, and are also suitable for the prosecution authorities of the Member States in which these authorities are not included, but the judiciary is independent as judicial authorities. Article 12 the private sector 1. Each Member State in accordance with its national laws and fundamental principles must be taken to prevent corruption in the private sector, enhance accounting and auditing standards and, where appropriate, to provide for effective, proportionate and atrunājam the civil, administrative or criminal penalties, if those measures are not complied with. 2. measures for the implementation of this task, among others, may be: (a) promoting cooperation between law enforcement authorities and private bodies concerned; (b) the standards and procedures that protect the integrity of private entities, the promotion of development, including the development of codes of conduct, to ensure correct, fair and appropriate business and all the related activities of the profession, avoid conflicts of interest, as well as promote good commercial practice in business and business agreements with the State; (c) the disclosure of the activities of private entities, including, where appropriate, to promote measures relating to the legal and physical identity of persons involved in corporate business creation and management; (d) the regulation of the private structure of incorrect application of the procedure for prevention, including in relation to a public authority to grant licences issued or commercial activities; (e) the prevention of conflicts of interest, and adequately to a reasonable time applying restrictions on former Government officials of professional activities or public officers for employment in the private sector after leaving office or going into retirement, where such activity or employment is directly related to the functions that these government officials took their posts or monitored in the course; (f) to ensure that private companies, taking into account their structure and size, have sufficient internal audit controls that help prevent and uncover corruption cases, and that following private structure of accounting records and the financial statements required to be subject to appropriate auditing and certification procedures. 3. to prevent corruption, each Member State shall take such measures as may be necessary, in accordance with the national regulations relating to accounting and records, financial statement disclosures and accounting and auditing standards, to prohibit such activities, the purpose of which is to make the Convention provides for the exercise of criminal offences: (a) the establishment of the accounting ārpusuzskait; (b) accounting ārpusuzskait or not according to identify the transaction; (c) the recording of expenditure; (d) does not correctly identified the connection object registration; (e) the use of false documents; and (f) the intentional destruction of accounting documents ahead of time, which is determined by the regulations. 4. Each Member State shall prohibit the release of the taxation of costs, which constitute a bribe, which in turn, in accordance with this Convention, articles 15 and 16 is one of the mandatory elements, and of the other expenses that are incurred in corrupting conduct. Article 13 public participation 1. Each Member State shall, within the limits of its resources, and in accordance with the national laws and the basic principles of appropriate measures must be taken to encourage people and groups that are not represented in the public sector, such as civil society, non-governmental organisations and public bodies, active participation in corruption prevention and fighting, as well as to raise public awareness of the existence of corruption, its causes and the understanding of the importance, and its threats. This participation should be encouraged by the following measures: (a) ensuring openness and encouraging public investment decision-making processes; (b) ensuring effective public access to information; (c) public information activities that contribute to the intolerant attitude against corruption, as well as creating public education programs, including educational programs at schools and universities; (d) to respect, to promote and protect the freedom to seek, receive, publish and disseminate information related to corruption. This freedom may be subject to certain restrictions, but only those that are provided by law and are necessary: (i) in respect of other rights or respect; (ii) national security or public order, or public health or morals. 2. each Member State shall adopt appropriate means to ensure that this Convention is concerned, the anti-corruption organization, the company is known, and, if necessary, to facilitate access to such organisations to submit messages, including anonymous, of any cases that may be considered criminal acts in accordance with this Convention. Article 14 measures "money laundering" prevention 1. Each Member State shall: (a) implement a comprehensive, internal, regulatory and supervisory regime for banks and financial institutions that are not banks, including natural or legal persons providing formal or informal services transfers of money or value, and, if necessary, to other agencies that may be available in the "money laundering", within their competence, to prevent and detect any "money laundering", and such a scheme of the form must stress the requirements of client and where appropriate, the identification of the beneficiary of the benefit, as well as all the suspicious transaction records, and to report on them; (b) without prejudice to article 46 of the Convention's provisions, ensure that administrative, regulatory, law enforcement and other authorities whose task is to combat "money laundering" (including, if it complies with the national regulations, judicial authorities), to cooperate and to exchange information on national and international levels, in accordance with national legislation and the conditions laid down for this purpose, consideration should be given to the possibility of creating a financial intelligence body to act as a National Centre for the collection of information analysis and dissemination, on the alleged "money laundering". 2. Member States should consider the possibility of introducing an enforceable measures to identify and monitor the cash and the document for which you may agree or in any other way, movement across their borders, subject to safeguards to ensure proper use of information, and in no way hinder legitimate capital movements. Such measures may include a requirement for individuals and companies to report significant cash amount, and the corresponding means of payment transfers abroad. 3. Member States must assess the appropriate and enforceable means to require financial institutions, including money remitters: (a) the electronic transfer and other related forms of communication include accurate and meaningful information about the payment and by whom; (b) to ensure that information throughout the payment chain; and (c) the transfer of funds for an expanded inspection, which does not include complete information on the payment providers. 4. Create internal regulatory and supervisory regime under the terms of this article and without prejudice to any other article of this Convention, the Member States are invited to use the guidelines for regional, interregional and multilateral organizations the relevant initiatives that are directed against "money laundering". 5. Member States should endeavour to develop and promote global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat "money laundering". Chapter III determination of criminal liability and the enforcement of article 15 of the bribe public officials in each Member State must adopt such legislative and other measures should be taken which may be necessary to recognise the offences the following intentionally committed: (a) public officials for improper benefits directly or indirectly promise, offering or giving to this either official, or any other natural or legal person to the officer the performance of their duties, act or refrain from a certain action; (b) public officers not proper advantage of direct or indirect request or acceptance either for this official, or any other natural or legal person to the officer in the performance of their official duties, or refrain from certain action. Article 16 foreign public officials and bribery of officials of international organisations (1) for each Member State to introduce such legislation or take other measures that may be necessary to make an offence recognised deliberately take action — the foreign official or official of an international organisation are not proper advantage directly or indirectly promise, offering or giving either the officer or any other natural or legal person to the officer the performance of their official duties, or refrain from certain actions to, international business, or keep the business acquired or otherwise not due benefits. 2. Each Member State should examine the advisability of adopting legislation or take other measures that may be necessary to make an offence recognised deliberately take action — foreign officials or international officials are not proper advantage directly or indirectly requesting or accepting either the officer or any other natural or legal person to the officer in the performance of their official duties, or refrain from certain action. Article 17 embezzlement, embezzlement of property or other similar action by a public official with the property for each Member State to introduce legislative provisions and other measures should be taken that you might need for criminal offences by public officials recognized the deliberate actions taken to benefit himself or another natural or legal person, as waste, mismanagement or other illegal action with any property, public or private funds or securities or any kind of values that public officials entrusted to its rank. 18. article marketing with impact for each Member State to assess the possibility of adopting legislation and take other measures that may be required for the criminal offences of such recognised deliberately taken steps: (a) improper benefit promise, offering or giving, directly or indirectly, to a public official or any other person, public officer or other person abused of your existing or perceived impact in order to receive from the Member State authorities or public bodies do not benefit due to the person that suggested such action or any other person; (b) the improper benefits claim, directly or indirectly, or from any government officials or other persons, either for the same officer or any other natural or legal person to the officer or other person abused of your existing or perceived impact in order to receive from the Member State authorities or public bodies not due benefits. 19. Article abuse of Office for each Member State to assess the possibility of introducing such legislation and other measures as may be necessary to make a criminal offence of intentionally recognized perform action that misused State service or duties, that is, public officials act or omission in the performance of its duties, violation of laws, the improper purpose of obtaining benefits for himself or for another natural or legal person. Article 20 illicit material in improving the situation in each Member State in accordance with its Constitution and law principles to assess the legislative provisions and other means, which may be necessary for a criminal offence recognized deliberately take action — illegal material in improvement of the situation, that is, public officials considerable increase of property by a public official could not be justified by the legitimate income. Article 21 Bribery in the private sector for each Member State to assess the legislative provisions and other funds as may be required for the criminal offences of such recognized economic, deliberately made financial or commercial transactions: (a) improper advantages directly or indirectly promise, offering or giving by any person who drives any private sector company or working in any capacity, or other person to that person, in violation of his duties, act or refrain from a certain action; (b) any person who drives a private sector company or working in any capacity, activity of that person, directly or indirectly require or receive any benefits due, not for this or any other person, the person to act or refrain from acting in breach of his duties. Article 22 embezzlement of property in the private sector for each Member State to assess the legislative norms and other funds as may be necessary for an offence to be recognised in such a deliberately made in the economic, financial or commercial transaction, which occurred on any property, private funds or securities or any other value wasting what she did the person who conducts any private institution or working in any position. Article 23 Criminal money laundering 1. in each Member State in accordance with its national laws and fundamental principles to adopt the necessary legislative and other measures should be taken that you might need for criminal offences to be recognised the following intentionally committed: (a) (i) the conversion or transfer of property, knowing that such property is proceeds of crime, in order to conceal or disguise the origin of criminal property or assist any person that the predicate offence is involved, in order to avoid the legal consequences of its action; (ii) property of the true nature, source, location, action to it, transfer or ownership of, or rights to hide or disguise it, knowing that the property is proceeds of crime obtained; (b) in accordance with the fundamental principles of the legal system: (i) property acquisition, holding in his possession or use at the time of receiving it, knowing that the property is proceeds of crime; (ii) participation (participation), merging with or conspiracy to commit, attempts to commit, help and encouragement, as well as advice in connection with this article of any criminal offence. 2. in order to implement or apply the first part of this article: (a) each Member State should endeavour to apply the first part of this article in relation to the widest possible range of predicate offences; (b) each Member State should include in the predicate offences, as a minimum, they comprehensively offences provided for in this Convention; (c) "(b)") (means the predicate offences include criminal offences committed within the jurisdiction of the Member States concerned, but also outside it. However, those offences committed outside the jurisdiction of the Member States are considered to be predicate offences only when the relevant transaction is a criminal offence in accordance with the national laws of the Member State in which it is committed and would be a criminal offence in accordance with the national laws that implement or apply this article if the offence had been committed in this State; (d) each Member State must submit to the Secretary-General of the United Nations they are copies of the law, which provides for the implementation of this article, as well as any subsequent changes to these regulations; (e) if required by a Member State of fundamental principles of national law, it may indicate that this article is referred to in the first subparagraph offences, does not apply to those persons who have committed the predicate offence. Article 24 concealment without prejudice to this Convention, the provisions of article 23, each Member State should assess the possibility of introducing such legislation and take other measures that may be necessary to the prosecution of criminal offences would be recognised as intentional acts, which, after any of the recognised in accordance with this Convention, the criminal offence was committed, the property is intentionally hidden and stored, and the person involved without the presence of such a criminal offence, know that such property is a criminal offence that is identified as such, in accordance with this Convention. Article 25 interference proceedings, each Member State must adopt such legislative and other measures should be taken which are necessary for criminal offences the following conduct, when committed intentionally: (a) physical force, threats or intimidation or the use of improper benefit promising, offering or giving to induce give false testimony or to interfere in the giving of testimony or the provision of evidence in proceedings in respect of offences that is recognised as such in accordance with this Convention; (b) physical force, threats or intimidation to interfere with the use of a justice or law enforcement institutions of the employee's official duties in connection with the execution of the criminal offence, which is recognised as such in accordance with this Convention. None of this, laid down in this subpart, shall not affect the right of Member States to introduce provisions that protects other categories of public officials. Article 26 liability of legal persons 1. Each Member State must take the its principles according to the required measures to determine the liability of legal persons for participation in the crime, which are recognised as such under this Convention. 2. subject to the legal principles of the Member State, the liability of legal persons may be criminal, civil or administrative. 3. This responsibility without prejudice to the criminal liability of the natural persons who have committed criminal offences in question. 4. Each Member State shall in particular ensure that the legal entities, which are called to account in accordance with the provisions of this article are subject to effective, proportionate and dissuasive criminal penalties and other sanctions, including fines. Article 27 participation and attempt 1. Each Member State must adopt such legislative provisions or other measures should be taken, which are necessary, in accordance with its national regulations, recognized as a criminal offence participation as any form of participation, assistance or instigation to crime, which is recognised as such in accordance with this Convention. 2. each Member State may adopt such legislative provisions or to take any other action that may be necessary, in accordance with its national regulations, recognized as a criminal offence any attempt to commit an offence, designated as such pursuant to this Convention. 3. each Member State may adopt such legislation or take other measures that may be necessary, in accordance with its national regulations, recognized as a criminal offence the preparation for an offence, which is recognised as such in accordance with this Convention. Article 28 recognition, intent and purpose as elements of an offence, the intention or purpose of awareness, which is the required elements under this Convention recognized crimes, may be inferred from objective factual circumstances. Article 29 barred each Member State according to its national laws and regulations should be established long limitation period within which proceedings may be initiated for any criminal offence, designated as such pursuant to this Convention, and to provide a longer limitation period or termination, limitation when the offender to avoid court proceedings. Article 30 prosecution, litigation and sanctions 1. Each Member State should determine the penalties for committing the criminal offence established in accordance with this Convention, provided that these penalties fit the seriousness of the crime. 2. each Member State shall take such measures as may be necessary, in accordance with its legal system and constitutional principles establishing or maintaining appropriate balance between any immunities and legal advantages accorded to the officials of the State on the performance of the duties of the position, and if necessary, the opportunity to conduct investigation, prosecution and court proceedings for criminal offences that are recognised as such in accordance with this Convention. 3. Each Member State should endeavour to ensure that rights to decide legal matters in accordance with national regulations and in connection with the prosecution of a person for the purposes of this Convention stipulates the criminal offences would be used in such a way as to achieve the greatest effectiveness of law enforcement measures in respect of those offences and having regard to the need to deter people from committing criminal offences. 4. The criminal offence, which are recognised as such in accordance with this Convention, in the case of each Member State in accordance with national regulations, with due regard to the rights of the defence, to take appropriate measures to ensure that the conditions laid down in the context of decisions on release from detention pending trial, or appeal, should take into account the need to ensure the presence of the accused in the following procedure. 5. each Member State shall ensure that its courts or other competent authorities keep in mind this Convention covers the seriousness of the offences, when considering the options before the deadline or conditional release of persons convicted of those crimes. 6. Each Member State shall to the extent as it corresponds to the basic principles of its legal system, to assess the establishment of a procedure under which a public official accused of under this Convention recognized criminal offence, the authority may, where it is appropriate, to postpone, cancel or appoint another place, respecting the principle of the presumption of innocence. 7. in cases where this is justified by the gravity of the crime, each Member State according to its legal system, to assess the establishment of a procedure under which persons convicted of criminal offences, which are recognised as such under this Convention, by court order or any other appropriate means are disqualified for a period determined by the national legislation, of: (a) the position of public authorities; and (b) the position of the company, which is wholly or partly owned by the State. 8. the first paragraph of this article, the terms do not limit the disciplinary powers by the competent authorities against civil servants. 9. Nothing in this Convention shall affect the principle that the description of the crime, pursuant to this Convention, and the applicable legal defences or other legal principles controlling the lawfulness of conduct is left to the national law of the Member State, as well as the fact that, according to these laws is examined in the following criminal offences subject to discipline. 10. Member States must take the measures necessary to promote the renewed integration into society of persons convicted of criminal offences, which are recognised as such in accordance with this Convention. Article 31 freezing, seizure and confiscation 1. For each Member State to a greater extent possible under their national laws to implement the necessary measures to: (a) criminal forfeiture in extracted funds obtained by criminal offences, which are recognised as such in accordance with this Convention, or property the value of which corresponds to the value of these funds; (b) property, equipment and other means used or intended to be used in crime, which is recognised as such in accordance with this Convention. 2. each Member State shall implement the measures necessary to be able to identify, locate, freeze or remove any part of this article is listed in the eventual for the purpose of forfeiture. 3. Each Member State shall, in accordance with its national laws, to take the legislative and other measures as may be necessary to adjust the competent bodies 1 and 2 of this article., part estate freeze, removal or seizure. 4. If a criminal is derived partially or completely transformed into another property, then that property and not the products, are subject to the measures referred to in this article. 5. In the event that such criminal funds obtained is mixed with property acquired from legitimate sources, then this property, without prejudice to any rights relating to freezing or seizure, be subject to forfeiture of the calculated value of mixed features. 6. Income or other benefits derived from such proceeds of crime, from property into which such proceeds for features have been converted or from property with which such criminal funds obtained have been mixed, are also subject to the measures specified in this article in the same manner and extent as criminal for features. 7. Article 55 of This Convention and of each Member State for the implementation of the power of their courts or other competent authorities to request the applicant to submit banking, financial or commercial documents, as well as giving them the right to have them removed. A Member State may not retract to fulfil the requirements of this part, giving the refusal with banking secrecy rules. 8. Member States may consider a request that the offender has demonstrated that the potential for crime, which would be forfeited, is legally — to the extent that this requirement is in line with their national legislation, as well as the judicial and other proceedings. 9. The provisions of this article are not of good faith, as explained by the rights of third parties are restrictive. 10. Nothing from it, set out in this article shall not affect the principle that the measures referred to therein must be defined and implemented in accordance with the national regulations. Article 32 Witnesses, experts and victims ' protection ' 1. Each Member State in accordance with its national legislation must take appropriate measures, within its capabilities, to provide effective protection from potential retaliation to those witnesses and experts or their intimidation of the witnesses and experts who give testimony in the context of this Convention stipulates the criminal offences and, if necessary, their relatives and other persons close to them. 2. in part 1 of this article, these measures, without prejudice to the rights of the accused, including the right to due process, may include, inter alia: (a) the determination of the procedures necessary for the physical protection of those persons, required and to the extent possible, such as moving and allow them to withhold or limit the disclosure of the information about their identity and location in which it is applied; (b) the provision of evidence, allowing witnesses and experts to give their evidence in a way that ensures the safety of individuals, such as permission to give evidence, using communications technology such as video links or other adequate means. 3. Member States should consider the possibility to conclude agreements or arrangements with other States, to move this article in part 1 of that person. 4. The provisions of this article shall also apply to victims — to the extent that they are witnesses. 5. Each Member State shall, within the limits of its national legislation conditions should provide an opportunity to examine victims ' views and interests to appropriate stages of the proceedings against offenders in a manner that does not prejudice the rights of the defence. Article 33 a Person, information providers, protection for each Member State to assess the appropriate resources into its national legal system, which provide protection against any unjustified actions against persons who, in good faith, and shall report to the competent authorities any facts concerning offences which are recognised as such in accordance with this Convention. Article 34 the action associated with the corruption effects maintaining proper respect for the rights of third parties acquired in good faith, each Member State should take measures, in accordance with its national laws to crack down on corruption activities. In this context, Member States may consider corruption a relevant factor in legal proceedings on the cancellation or revocation of the rights granted or other similar instruments that deprivation or performing other compensatory transactions. Article 35 damages for each Member State in accordance with its national regulations, should take the necessary measures to ensure that the organization or person that results in corruption suffered damage is entitled to initiate legal proceedings against those responsible for the damage, to get a refund. Article 36 Specialized authorities for each Member State in accordance with the fundamental principles of the legal system to provide a specialised anti-corruption law enforcement body or bodies or persons. Such organization or organizations, or individuals must provide the necessary independence, in accordance with the fundamental principles of the legal system of the Member State, to enable them to discharge their duties efficiently and without undue influence. Such organisations or organisations or personnel should provide proper training and resources so that they can perform their duties. Article 37 cooperation with law enforcement authorities 1. each Member State shall take appropriate measures to encourage persons who participate or who have participated in the crime, which is recognised as such in accordance with this Convention, to give the competent authorities for investigation and evidence collecting useful information, as well as the competent authorities provide evidence-based, specific assistance that can help take away the criminals obtained criminal means and to recover such funds. 2. Each Member State shall, as appropriate, to consider options to order easier penalty accused persons that provide substantial assistance to a criminal offence, which is recognised as such in accordance with this Convention, in the investigation or prosecution. 3. Each Member State in accordance with its national regulations, to consider the possibility to exempt from criminal prosecution of individuals, providing significant assistance to a criminal offence, which is recognised as such in accordance with this Convention, investigation or hearing. 4. protection of such persons shall be, mutatis mutandis, in accordance with article 32 of the Convention. 5. where a person referred to in this article, part 1, and is situated in one Member State can provide substantial assistance to another Member State, the Member States concerned shall, in accordance with its national regulations, you can consider to conclude an agreement on the conditions for the provision of potential in the second Member State, which satisfies the part 2 and 3. Article 38 cooperation between national authorities each Member State shall take such measures as may be necessary, in accordance with its national regulations, support cooperation between the public authorities and officials of the State on the one hand and the authorities responsible for criminal investigation and prosecution of the other. Such cooperation may include: (a) on their own initiative during the last such information to the authorities, if we have reason to believe that someone is made a criminal offence, which is recognised as such in accordance with article 15 of this Convention, 21 and 23; or (b) upon request, provide to the latter authorities all necessary information. Article 39 co-operation between national authorities and the private sector 1. each Member State shall take the necessary measures, in accordance with its national regulations, promote cooperation between national investigating and prosecuting authorities and private sector organizations, particularly financial institutions, in connection with questions relating to criminal offences, which are recognised as such in accordance with this Convention. 2. each Member State shall assess the opportunity to contribute to its citizens and other persons with a habitual residence in its territory to report to the national investigating and prosecuting authorities for committing criminal offences, which are recognised as such in accordance with this Convention. Article 40 banking secrecy is for each Member State to ensure that the criminal offences that are recognised as such in accordance with this Convention, in cases where the State of the investigation into the national legal system are available in the appropriate mechanisms to overcome obstacles that may arise in the law, which determines the application of banking secrecy. Article 41 of the criminal offence to register in each Member State may make such rules in legislation or take other measures as might be necessary, taking into account rules and objectives which it finds it necessary, take into account the accused's previous convictions of the offender in another country, to use this information in proceedings relating to offences which are recognised as such in accordance with this Convention. 42. Article 1 jurisdiction. each Member State shall take such measures as may be necessary to establish its jurisdiction over the offences which are recognised as such under this Convention, if: (a) the offence is committed in the territory of the Member State concerned; or (b) the offence is committed on board a vessel flying the flag of that Member State, or in a plane, which is registered in accordance with the law of the Member State concerned at the time when the criminal offence was committed. 2. subject to article 4 of this Convention, a Member State may also establish its jurisdiction over any such crime when: (a) the offence is committed against one of the population of the Member State concerned; (b) a criminal offence is made by a resident of the Member State concerned or a stateless person residing in its territory; or (c) the offence is one of those established in accordance with article 23 of this Convention part 1 (b) (ii) and is carried out outside its territory in order to commit an offence established in accordance with article 23 of this Convention part 1 (1) (a) (i) or (ii) or (b) (i) its territory; (d) a criminal offence is committed against a Member State. 3. to achieve the objectives of this Convention article 44 goals, each Member State should take the measures necessary to establish its jurisdiction over those offences that are recognised as such under this Convention, where the alleged offender is found in the territory of the country and if that country the person expelled not only because he or she is one of its citizens. 4. each Member State may also take such measures as are necessary to establish its jurisdiction over those offences that fall under this Convention when the alleged offender is situated in its territory and if this country is not that person expelled. 5. If a Member State, in the exercise of its jurisdiction in accordance with this article or part 2 is notified or otherwise becoming aware that one or more of the other Member State shall carry out investigations, prosecutions or judicial proceedings in respect of the same acts, the competent authorities of those Member States should consult with each other, coordinating their actions. 6. Without prejudice to the General rules of international law, this Convention does not exclude any criminal jurisdiction implementation, developed by one of the Member States in accordance with their national laws. Chapter IV International cooperation article 43 international cooperation 1. Member States should cooperate with criminal matters under this Convention. Article 44 to 50. Member States where this is appropriate and is in accordance with their national legislation, to assess the opportunities for mutual assistance in the investigation and proceedings in civil and administrative cases involving corruption. 2. International cooperation in cases where mutual recognition of crime a criminal offence is considered a requirement, it is considered to be implemented, whether the legislation of the Member State that received the request to include criminal offences in the same category of offences or criminal offences named in the same terminology as the requesting Member State, if the action in respect of which assistance is sought is a criminal offence in accordance with the laws of the Member States. Article 44 extradition 1. This article shall apply to offences which are recognised as such under this Convention if that person, on which the extradition request is submitted, the request is received in the Member State in the condition that a criminal offence in respect of which extradition is requested is punishable both under the requesting Member State's national law provisions and in accordance with the request of the Member State in receipt of national regulations. 2. Notwithstanding the provisions of part 1, a Member State whose law permits, can make a person about any issue of criminal offences covered by this Convention and which is not punishable in accordance with its national laws and regulations. 3. If the request for extradition includes several separate offences, and if something on one of them and this article to some of them in this article does not apply due to the long duration of the deprivation of liberty, but they are related to the prosecution of criminal offences, which are recognised as such under this Convention, the requested Member State may apply this article also to these latter offences. 4. All the offences covered by this article, be considered as criminal offences for which the person concerned is to be issued under any extradition treaty concluded between the Member States. The Member State undertakes to include all these criminal offences in the extradition treaties concluded between as criminal offences for which a person is to be issued. The Member State whose law permits, in the case where it applies this Convention as the basis for extradition, shall not be regarded as a criminal offence, which is recognised as such in accordance with this Convention, a political criminal offence. 5. In the event of a Member State carrying out the extradition only in accordance with the contract, receives a request for extradition from another Member State, with which it has no extradition treaty, it may consider this Convention as the legal basis for the extradition of any of the offences covered by this article. 6. Those Member States which carry out only in accordance with the extradition treaty, undertake: (a) this Convention shall submit their instruments of ratification, acceptance, approval or accession, notify the Secretary-General of the United Nations on whether they will recognize this Convention on the issue of cooperation with other Member States of this Convention a legal basis; and (b) if they do not recognize this Convention on the issue of cooperation on a legal basis, then they shall endeavour, where appropriate, to conclude treaties on extradition with other States parties to the implementation of this article. 7. Those Member States which issue need not necessarily require the existence of specific agreements, mutually recognise offences to which this article applies, for the criminal offences of which the convicted person is picked. 8. Extradition shall take place pursuant to a request received in national laws under the conditions or conditions which are laid down in the respective treaties of extradition, including, inter alia, the conditions relating to the requirement as to the minimum punishment in connection with the issue and the reasons for which the requested Member State may refuse to carry out the extradition. 9. The Member States, subject to their national laws, should try to speed up extradition procedures and to simplify evidentiary requirements relating to any of the offences covered by this article. 10. subject to the provisions of their national legislation and extradition treaty, the requested Member State may, after it has been satisfied that the circumstances so require and that it is a matter of urgency, and in accordance with the request of the requesting Member State, to arrest a person, to be located in its territory, or to take the necessary measures to ensure that person's presence in the extradition procedure. 11. If, in the territory of a Member State, the alleged offender is found, and this Member State fails this person for a criminal offence, the subject of this article, the only reason that the offender is resident in that State, then the Member State shall, at the request of the Member State, seeking the extradition, without unjustified delay, to submit the case to its competent authorities for the purposes of criminal prosecution. These institutions must adopt appropriate decisions and act just as they would any other severe criminal case in accordance with that Member State's national legislation. The Member States concerned should cooperate with each other, especially in procedural and evidence in order to ensure the efficiency of such prosecution. 12. in the case where a Member State, in accordance with their national laws, should be issued or otherwise send any of your population only on condition that the person will be returned to that State to report that it punished in court or sentenced to a process that has been requested for the extradition of the person concerned or the transmission, and if this Member State and the requesting Member State of issue mutually agree to this condition and other conditions what they recognize as necessary, then the conditional extradition or transfer is sufficient to cancel the obligations set out in part 11 of this article. 13. If the extradition request, submitted to carry out the punishment to a person is refused because the person concerned has received the request, the resident requests received is the obligation of the Member State, if it allows its national laws and regulations and in accordance with the requirements of these regulations, and in accordance with the requesting Member State submissions — to examine options to meet their punishment or part of the remaining penalty imposed in accordance with the requesting Member State national and local regulations. 14. Any person regarding whom proceedings are being carried out in the context of the procedure of any of the offences covered by this article, shall be guaranteed fair treatment at all stages of the proceedings in question, including the ability to use all the rights and guarantees laid down in the national legislation, within the territory of which the person concerned is located. 15. Nothing from it, set out in this Convention must not be interpreted to impose an obligation on a person to be expelled, if request received Member State has reasonable grounds for believing that the request has been filed to the subject of the prosecution or punishment of a person in connection with this a person's gender, race, religion, nationality, ethnic origin or political opinion, or that the execution of a request for extradition of the person could be discriminated against for any reason above. 16. Member States may not refuse extradition requests only because the offence is deemed to include also fiscal aspects. 17. before refusing a request for extradition requests received is the responsibility of the Member State when it is appropriate, consult with the requesting Member State, to give it sufficient opportunity to present its opinions and to provide information relevant to its allegation. 18. Member States should endeavour to conclude bilateral or multilateral agreements or arrangements for the execution of its output or efficiency. Article 45 transfer of persons convicted, Member States may examine the possibility of concluding bilateral or multilateral agreements or arrangements on a person who is sentenced to imprisonment or other forms of deprivation of liberty for criminal offences who are recognised as such under this Convention to the territory so that they can endure the punishment in the territory of the country. Article 46 mutual legal assistance 1. Member States should provide for more mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to offences covered by this Convention. 2. mutual legal assistance is provided to the maximum, it is possible in accordance with the relevant request received in Member State laws, regulations, contracts, agreements relating to the criminal offence investigation, prosecution and proceedings for which a legal person of the requesting Member State may be called to account in accordance with article 26 of this Convention. 3. mutual legal assistance to be provided in accordance with this article may be requested for any of the following purposes: (a) to obtain evidence or testimony from individuals; (b) to submit court documents; (c) to perform the search and seizure, as well as freezing; (d) to perform object and site inspections; (e) to provide information, evidence and expert evaluation; (f) to submit documents and original records or certified copies, including Government, bank, financial, corporate or commercial documents; (g) to identify or trace the crime for money, property, criminal or other evidence of tool items; (h) to facilitate the voluntary appearance of persons in the requesting Member State; (i) to provide any other type of assistance that is not contrary to the request of the Member State in receipt of national regulations; (j) to identify, freeze and track criminal funds obtained in accordance with the provisions of chapter V of the Convention; (k) to recover the funds in accordance with the provisions of chapter V of the Convention. 4. Without damage of national regulations, the competent authorities of a Member State may, without prior request, to pass information relating to criminal procedural issues, other conventions to the competent authority of the Member State where they believe that such information could assist the authority to conduct or successfully complete the investigation and legal proceedings or could result in a build request, which shall be drawn up by the Member States in accordance with this Convention. 5. the transmission of information in accordance with this part of article without injury or criminal investigation procedure in the country of the competent authorities providing the information. The competent authorities receiving the information must comply with the requirement that the information is saved as confidential, including for a time, or with restrictions on its use. However, this does not prevent the Member State receiving the information, show your information during proceedings to prove the accused person's innocence. In this case, the Member State before the disclosure shall also be communicated to the information provided by the Member State and, if it is required, consult the information provided by the Member States. If, exceptionally, the above is not possible, to notify the information received to the Member State must immediately inform the Member State that supplied the information disclosure. 6. This article shall not affect obligations under any agreement, bilateral or multilateral, which fully or partially determined or determined mutual legal assistance. 7. This article 29 of part 9 — apply to requests that are submitted in accordance with this article, if the Member States concerned are not bound by the Treaty on mutual legal assistance. If the Member States involves a contract, where applicable, the provisions of the Treaty, unless Member States agree to apply that article 29 of part 9, and not the provisions of the Treaty. Member States are strongly encouraged to apply these provisions, this part if they facilitate cooperation. 8. Member States may not refuse mutual legal assistance under this article, referring to bank confidentiality. 9. (a) the requested Member State in response to a request for assistance under this article, if the offence is not mutually recognised as a criminal offence, having regard to the objectives of this Convention as defined in article 1; (b) a Member State may refuse to provide assistance pursuant to this article, referring to the fact that the offence is not mutually recognised as a criminal offence. However, the request received, the Member State in cases where it complies with the fundamental principles of its legal system, to provide assistance, if it is not related to the forced action. Such assistance may be refused if the request includes a de minimis nature of the questions or issues that require cooperation and assistance is possible under other provisions of this Convention; (c) each Member State may examine such funds as may be necessary to provide assistance to a larger extent under this article in cases where the offence is not mutually recognised as a criminal offence. 10. a Person who is in custody or serving a custodial sentence in the territory of a Member State and whose presence is required in another Member State, to carry out identification, provide testimony or otherwise assist in the taking of evidence in relation to the investigation, prosecution or proceedings in connection with this Convention stipulates the criminal offences may be sent, subject to the following conditions: (a) the person voluntarily gives informed consent; (b) the competent authorities of the two Member States shall agree, in view of the conditions that the Member States consider appropriate. 11. with regard to article 10 of this part: (a) the Member State to which the person is sent, has the right and obligation to keep the person transferred in custody, unless the Member State from which the person was sent, or permission is not required to act otherwise; (b) the Member State to which the person is sent immediately to fulfil its duty to surrender the person to the custody of the Member back from which it is sent, in accordance with mutually agreed arrangements or other means as agreed by both the competent authorities of the Member States; (c) the Member State to which the person is sent, may not require the Member State from which the person is sent to the extradition procedure, the return of the person; (d) the time spent by the person sent the custody, to which it is sent, is added to the length of sentence in the country from which the person concerned is sent. 12. If one Member State from which the person is sent in accordance with article 10 and 11 of this part, disagree with it, that person, whatever its nationality must not be subject to prosecution, arrest, punishment or any other restriction of his personal liberty in the territory of the country to which the person concerned is sent, in the case of activities, omissions or convictions that occurred before that person or firm has left the territory of the , from which it is sent. 13. each Member State shall mean the central authority that shall have the right and obligation to receive requests for mutual legal assistance and to execute or to release to the competent authorities. If a Member State has a special region or territory with a separate system for mutual legal assistance, it can mean a single central authority to perform the same functions in respect of this particular region or territory. The central authorities must ensure the request received and proper execution or release. If the Central Authority transmits the request to the competent authority for execution, they are obliged to contribute to the relevant competent authority quickly and adequately meet the demand. This Convention by submitting your deposit of instruments of ratification, acceptance, approval or accession, the Member State must inform the Secretary-General of the United Nations designated for this purpose by the central authority. Request for mutual legal assistance and any communication related thereto are transferred to the Member States ' central authorities annually. This requirement shall not prejudice the right of Member States to require that those requests and communications be addressed to it through diplomatic channels and, in urgent circumstances, if Member States agree, and if possible, through the International Criminal Police Organization. 14. Requests must be in writing or, where possible, by any means which constitute the written record, request the Member State received acceptable language and in such a way that the Member State to verify the authenticity of the request. This Convention by submitting your deposit of instruments of ratification, acceptance, approval or accession, the Member State must inform the Secretary-General of the United Nations as to the language or languages that each Member State is acceptable. The urgency of the circumstances, and, if the Member State so agrees, the request can be expressed verbally, but they must be confirmed immediately in writing. 15. a request for mutual legal assistance must indicate: (a) the identity of the authority making the request; (b) the investigation, prosecution or proceedings in the nature of the content and to which the request relates, and the name of the authority and functions that perform the investigation, prosecution or proceedings; (c) a summary of the relevant facts, except for the requests made in the court documents for the purposes of the submission; (d) a description of the assistance sought and details of particular procedure the requesting Member State wants to comply with the provision of assistance; (e) when possible, any participating person name, location, and nationality; and (f) goal, why are required, evidence, information or action. 16. the requested Member State may request additional information, if any, is necessary to execute the request in accordance with its national legislation or if it can contribute to the execution of the request. 17. a request shall be executed in accordance with the Member State in receipt of national regulations, and to the extent that it is not contrary to the request of the Member State in receipt of national regulations, and where possible, according to the procedures specified in the request. 18. If a person is in the territory of a Member State and that person need to hear as a witness or as an expert in another Member State, if this is possible, and not inconsistent with national legislation, the first Member State may, at the request of another country to allow to hold this hearing video conference, if the person concerned is not possible or desirable to personally come to the territory of the requesting Member State. The Member States may agree that the hearing shall be conducted in the requesting Member State with a representative of the judicial authority and that it participates in the request received by the judicial authorities of the Member State representative. 19. the requesting Member State, without prior request, the Member State in receipt of consent may not transfer or use the request received, the information provided by the Member State or the evidence for investigations, prosecutions or proceedings needs that have not been specified in the request for assistance. None of this, this part can not prevent the requesting Member State to disclose their processes such information proving the innocence of the accused persons. In this case, the requesting Member State shall notify the requested Member State prior to the disclosure and, if prompted, should consult with a Member State. If, exceptionally, the prior notice is not possible, the requesting Member State are obliged to inform the request received by the Member State of the disclosure without delay. 20. the requesting Member State may require the request received member not to disclose the fact of the request and demand content, except to the extent that this is necessary in order to fulfill the request. If the requested Member State cannot observe the privacy, it's about it must immediately inform the requesting Member State. 21. Mutual legal assistance may be refused: (a) if the request is not made in accordance with the provisions of this article; (b) if the requested State considers that execution of the request may jeopardize its sovereignty, security, ordre public or other essential interests; (c) if the request is received to the authorities of the Member State in its national laws and regulations prohibit execute requested operations for any similar criminal offence, if it were subject to investigation, prosecution or proceeding under the jurisdiction of that State; (d) if the provision for mutual legal assistance in accordance with the initial request would be contrary to the law of the Member State in receipt of the request. 22. a Member State may not reject a request for mutual legal assistance only so that the offence is deemed to include also fiscal aspects. 23. any refusal to provide mutual legal assistance must be given. 24. Requests the Member States to comply have received a request for mutual legal assistance as soon as possible, and take into account any deadlines proposed by the requesting Member State and that the reasons are listed in the recommended: request. Requesting Member State can make reasonable requests, the requested Member State to provide information on the measures taken in the implementation of the request status and success. Request the Member State to respond to receive reasonable requesting Member State requests to report on the status and progress. Requesting Member State must immediately inform the Member State received when the requested assistance is no longer required. 25. the requested Member State may postpone mutual legal assistance if it interfere with any ongoing investigation, prosecution or proceeding. 26. before refusing a request pursuant to this article or part 21 before its execution suspension in accordance with article 25 of this part of the request received the Member should consult with the requesting Member State, to decide whether this can be given subject to such terms and conditions as it deems necessary. If the requesting Member State accepts assistance under these rules, you must follow these rules. 27. Without prejudice to the application of article 12 of part, a witness, expert or other person who, at the request of the requesting Member State shall agree to give evidence in any proceedings or assist investigations, prosecutions or proceedings in the requesting Member State, must not be subject to prosecution, arrest, prosecution or any other restriction of his personal liberty in that territory in connection with any action, omission or judgment occurring or taken before the person leaves the territory of the Member State in receipt of the request. This guarantees the transaction ends when the witness, expert or other person having had an opportunity to leave the country within 15 days of a long period of time or other time period that mutually agreed between the Member States, after the person has been officially informed that its presence in the institutions of justice are no longer needed, but it has voluntarily stayed in the requesting Member State in the territory or has voluntarily returned to it also then When is it left. 28. the ordinary costs of executing a request shall be borne by the requested Member State, unless otherwise agreed between the Member States concerned. If you need significant or exceptional costs to comply with the request, the Member States should consult to determine the terms and conditions under which the request will be executed, as well as on the way will cover. 29. the requested Member State: (a) the requesting Member State shall be submitted to the Government a copy of the registry, documents or information in its possession and which, in accordance with its national regulations, is publicly available; (b) may, at its discretion, submit a request submitted in whole or in part to the Member State and in accordance with such terms and conditions as it deems necessary, the registry of the Government a copy of the document or information in its possession and which, in accordance with its national regulations, it is not publicly available. 30. Member States needed to consider the possibility of concluding bilateral or multilateral agreements or arrangements that would have meant for the attainment of the objectives of this article, ensure its practical usability or facilitate their enforcement. Article 47 of the transfer of criminal proceedings Member States must assess the opportunity to pass from one to the other that the crime recognised as such in accordance with this Convention, proceedings for further investigation, in cases where such transfer is considered as corresponding to the interests of the administration of Justice, especially when multiple jurisdictions are involved, with a view to focus prosecution. Article 48 cooperation in the field of law enforcement 1. Member States shall closely cooperate, within their national legal and administrative systems, to enhance the effectiveness of law enforcement action in the fight against this Convention stipulates the criminal offences. Including, each Member State should take effective measures: (a) to enhance and, where necessary, to establish channels of communication between their competent authorities, administrations and services, facilitating the secure and rapid exchange of information concerning all the offences specified in the Convention, including, if the Member State considers it necessary, information on the relationship with other criminal activities; (b) to cooperate with other Member States of the receipt of the information on criminal offences, which stipulated in this Convention, concerning: (i) the person who is suspected of participation (participation) in such crime, identity, location and activities, as well as other related persons; (ii) the proceeds of it or the movement obtained by such criminal offences; (iii) property, equipment or other movements that are used or intended for committing such offences; (c) to ensure, where appropriate, the necessary things or substances for analytical or investigative purposes; (d) the exchange of information with other Member States when it is appropriate, on specific means and methods used to commit criminal offences, which stipulated in this Convention, including the fake identity card, forged, altered or false documents and other means of hiding activities; (e) to facilitate effective coordination between their competent authorities, administrations and services and to carry out personnel and other experts, including the placement of liaison officer in accordance with agreements or arrangements between interested Member States; (f) to exchange information and coordinate administrative and other measures taken in order to identify eating this Convention criminal offences. 2. For the purposes of implementing this Convention, Member States should consider the possibility of concluding bilateral or multilateral agreements or arrangements on direct cooperation between their law enforcement agencies and, where such agreements or arrangements already exist, they should be considered a supplement. If the agreement or arrangement between the Member States concerned is not, then countries may consider this Convention as the basis for mutual law enforcement cooperation in the field of this Convention in respect of specified offences. When it is applied, Member States should take full advantage of the agreements and arrangements, including international or regional organizations, to enhance cooperation between their law enforcement authorities. 3. Member States shall endeavour to cooperate within its capabilities, to fight against this Convention stipulates the criminal offences which are committed using modern technology. Article 49 joint investigation, Member States should consider the possibility of concluding bilateral or multilateral agreements or understandings whereby, in relation to matters under investigation, relating to criminal prosecution or proceedings in one or more States, the competent authorities concerned may establish joint investigative bodies. If the agreement or arrangement is not, then the joint investigations can be carried out in accordance with the agreement in each individual case. Participating Member States shall ensure that fully respected the sovereignty of the Member State in whose territory the investigation is carried out. 50. Article 1 of the special investigative methods to effectively combat corruption., each Member State shall, to the extent that it allows its national principles and the legal system in accordance with national regulations, the limits of their resources, the necessary measures to enable their competent authorities for the appropriate use of controlled delivery and, where applicable, other special investigative techniques, such as electronic or other forms of surveillance, as well as operational measures in its territory as well as to use them in court evidence obtained by such methods. 2. to investigate criminal offences, which stipulated in this Convention, Member States are encouraged to conclude, when necessary, appropriate bilateral or multilateral agreements or arrangements on such special investigative methods for mutual cooperation at the international level. These agreements or arrangements shall be concluded and implemented in accordance with the principle of equality of sovereign States and is run under that contract or agreement. 3. If there is no such agreement or arrangements, as described in part 2 of this article, the decision of such special investigative techniques at the international level is taken in each individual case and, assuming, where necessary, take account of the financial arrangements and understandings about the jurisdiction between the Member States concerned. 4. Decisions to use controlled delivery at the international level may, with the agreement of the Member States concerned include methods such as intercepting and allowing the goods to continue intact or the removal or replacement of the goods, in whole or in part. Chapter v recovery article 51 General provisions for recovery under this chapter are the basic principles of this Convention, and the Convention's Member States should provide more opportunities of cooperation and assistance for that purpose. 52. Article from criminal prevention and detection of transfers of 1. Without harm to the article 14 of this Convention, each State party shall take such measures as may be necessary, in accordance with its national laws, to require financial institutions within its jurisdiction to verify the identity of customers, to take reasonable measures to determine the funds deposited in the accounts of large value, the identity of the recipients and make increase their account control deposits which require or opened to persons who are or have been entrusted with important public functions, or can have on their family members and close associates. Such increased control must be reasonably specific, to detect suspicious transactions in order to report on them to the competent authorities and should not be understood as a censure or ban financial institutions to do business with legitimate customers. 2. to promote cooperation in the implementation of the measures contained in paragraph 1 of this article, each State party in accordance with its national laws and regulations and follow the regional, interregional and multilateral organizations initiatives in the fight against money laundering: (a) to issue an advisory guidance concerning the legal or natural person types whose accounts financial institutions within its jurisdiction is applicable to increased control, types of accounts and transactions, particular attention , and appropriate account-opening, maintenance and retention of records to keep track of these accounts; and (b) where appropriate, the financial institutions their competence at the request of another Member State or on its own initiative, to remind you of the particular natural or legal person whose identity accounts these institutions should pay increased attention, in addition to those financial institutions may otherwise identify. 3. This article (a) for each point in the context of the State party to introduce measures to ensure that financial institutions for a set period of time saves the appropriate entries on accounts and transactions related to this article (1) such persons, which should, as a minimum, include information about the identity of the client, as well as, to the extent possible, for the benefit of the beneficiary. 4. for the purpose of preventing and detecting criminal of transfers, which are recognised as such in accordance with this Convention, each State party shall implement appropriate and effective means to its regulatory and supervisory organizations prevent bank, which does not exist physically and that is not assigned to a regulated financial group. In addition, the Member States can assess your requirements for financial institutions to reject or discontinue the banking business relationship with such institutions and guard against the establishment of relations with foreign financial institutions that allow their accounts to use banks that do not exist physically and that is not assigned to a regulated financial group. 5. Each Member State in accordance with its national regulations, evaluate effective public officials concerned the disclosure of financial systems and provide appropriate penalties for non-compliance with it. Each Member State must also assess the opportunity to adopt such measures as may be necessary to allow the competent authorities to provide information to the competent authorities of other Member States, when necessary to investigate, claim or recover the funds derived under this Convention a criminal offence. 6. each Member State shall assess the implementation of such measures as may be necessary, in accordance with its national regulations, to request that the relevant State officials, who are holding or a signature or other rights in the financial account in a foreign country, to report on such relations the authorities and to maintain appropriate records related to such accounts. Such measures must also provide appropriate penalties in case of non-compliance with the provisions. 53. the article Features for direct recovery of property for each Member State in accordance with its national laws and regulations: (a) take such measures as may be necessary to allow other Member States to propose its civil courts, for purposes of determining ownership of property obtained in the criminal offences specified in the Convention; (b) take such measures as may be necessary to enable its courts to order those who have committed this crime under the Convention, pay compensation or cover losses in another Member State, which suffered losses in such crimes; and (c) take such measures as may be necessary to enable its competent authorities or the courts, in deciding on the confiscation of another Member State to recognise the legitimate owner's claim to property obtained in the criminal offences specified in the Convention. Article 54 mechanisms for recovery of property through international cooperation in confiscation 1. Each Member State in order to provide mutual legal assistance in accordance with article 55 of this Convention in respect of property acquired or involved in this Convention for committing a criminal offence, in accordance with its national laws and regulations: (a) take such measures as may be necessary to permit its competent authorities to execute the order of confiscation issued by a court in another Member State; (b) take such measures as may be necessary to permit its competent authorities within their jurisdiction to order the seizure of foreign origin, related to proceedings on "money laundering" or other criminal offences criminal offences which could be subject to its jurisdiction or through other procedures authorized in accordance with its national laws; and (c) to assess such funds as may be necessary to allow confiscation of such property without a criminal conviction, when against the suspects is impossible to prosecute it, escaping death or absence or in other appropriate cases. 2. Each Member State, in order to ensure mutual legal cooperation, upon request, of the present Convention in accordance with article 55 (2), in accordance with its national laws and regulations: (a) take such measures as may be necessary to permit its competent authorities to freeze or expropriation with freezing or seizure order issued by the requesting Member State, claims the Court or competent authority, and that the Member received the claim provide sufficient basis to believe that is sufficient reason for such action and that the property will be subject to a later confiscation order in this article (a) for the purposes of paragraph 1; (b) take such measures as may be necessary to permit its competent authorities to freeze or dispose of property, upon request by the requesting Member State, claims the Court or competent authority, and that the Member received the claim provide sufficient grounds to believe that there are sufficient reasons to take such action and that the property will be subject to a later confiscation order in this article (a) for the purposes of paragraph 1; and (c) must be assessed in addition to the funds, which will allow the competent authorities to keep a property seizure to arrest or prosecution abroad, related to the acquisition of such property. Article 55 international cooperation for purposes of confiscation 1. a Member State which receives a request from another Member State which has jurisdiction over some of this Convention stipulates criminal offence, confiscate criminally derived funds, property, equipment or other means referred to in article 31 of this Convention part 1 and located in its territory, the greatest possible extent, in accordance with its national legislation: (a) submit the request to their competent authorities to get the confiscation order, and if such an order is given, ensure its implementation; or (b) with the aim to implement it to the requested degree must be submitted their competent authorities a confiscation order issued by a court in the requesting Member State in the territory in accordance with article 31 of this Convention, part 1 and part 1 of article 54 (a) of paragraph 1, to the extent that the latter refers to the criminal obtain funds, property, equipment and other means referred to in article 31 of part 1, and is situated in the territory of the Member State in receipt of the request. 2. at the request of another Member State, which has jurisdiction over some sections of this Convention a criminal offence, the request received in the Member State to take measures to identify, locate and replace the attachment or removed from criminal funds, property, equipment or other means referred to in article 31 of this Convention part 1 so they could then either be confiscated in accordance with the request of the requesting Member State, the order, or in accordance with the request of the Member State in order to receive, on request, in accordance with part 1 of this article. 3. Article 46 of the Convention's provisions are applied with the necessary changes to this article. In accordance with this article shall be submitted in addition to the requests part 15 of article 46 contains information should include: (a) If a request refers to paragraph 1 (a) of part of the forfeited property, paragraph description, including, as far as possible, its possible location and, where applicable, the given property value, as well as a statement of the facts, on which the requesting Member State and which are sufficient to enable the request to the Member State to achieve the order received in accordance with their national laws and regulations; (b) If a request refers to paragraph (b) of part 1 point — legally admissible copy of the confiscation order, to which the request is based issued by the requesting Member State, a statement of the facts and information about the extent to which execution of the order is requested, the requesting Member State, claims an explanation as to what measures it has taken to provide adequate notification to third parties of good faith and to ensure an appropriate process as well as a statement that the confiscation order is final; (c) if the request relates to this article, part 2 of the statement of the facts, on which the requesting Member State, and action requested, and that the description available, legally admissible copy of an order justifying the request. 4. The decisions or actions provided for in this article, part 1 and 2, the requested Member State accepts or made in accordance with, and subject to their own national conditions and laws and procedure or under any bilateral or multilateral agreement or arrangement that is bound to that Member State in relation to the requesting Member State. 5. each Member State shall submit to the Secretary-General of the United Nations law and other normative acts that provide copies of the implementation of this article, as well as any subsequent changes to these laws or other laws or description. 6. in the case where a Member State opts for the 1 and 2, measures referred to in part to perform only in accordance with relevant international agreements, the Member State must recognise the need for this Convention and sufficient international agreement. 7. the requested Member State may refuse from cooperation under this article or to cancel the interim measures, if that Member State does not receive sufficient and timely evidence provided or, if the property is a de minimis value. 8. before you cancel any provisional measures that had been taken in accordance with this article, the Member State concerned received, whenever possible, give the requesting Member State the opportunity to explain the reasons for them, which would further the measure. 9. The provisions of this article are not of good faith, as explained by the rights of third parties are restrictive.

Article 56 special cooperation Without harm to its national regulations, each Member State should seek to apply the means which enable it without damage their investigation, prosecution or proceeding to provide information to another Member State on means obtained as determined in accordance with this Convention, if there is no previous request, when that Member State considers that the disclosure of such information might assist the receiving Member State to take up or to make an enquiry , prosecution or proceedings, or to facilitate the application of that Member State in accordance with this chapter of the Convention. Article 57 return and transfer of funds 1. Property seized by the Member State in accordance with article 31 of this Convention, or article 55, to be served, including returning them to their original legal owners in accordance with paragraph 3 of this article, in accordance with the provisions of this Convention and in accordance with its national laws and regulations. 2. each Member State shall adopt such legislative or other means in accordance with national laws or regulations, as may be necessary to enable its competent authorities to return confiscated property, acting at the request of another Member State in accordance with this Convention, taking into account the good faith of third parties ' rights. 3. in accordance with this Convention, article 46 and 55 and that article 1 and paragraph 2, the Member State concerned of requests received: (a) the wastage of public funds or wasted public funds laundering, as defined in the Convention in article 17 and 23, confiscated property to the requesting Member State returns, if the seizure is carried out in accordance with article 55 on the basis of the request and the requesting Member State, the final decision, it is a requirement where the requested Member State may refuse; (b) If you have the means, obtained in any other stipulated in this Convention, an offence and, if the seizure was carried out in accordance with article 55 of this Convention and, on the basis of a final judgement in the requesting Member State — requirement from which the requested Member State may refuse, then the Member must have received the request returns the seized estate requesting Member State. The property must be returned in such a case, if the requesting Member State can sufficiently prove the above title to the confiscated property, or where the Member State recognises that the loss suffered by the requesting The Member State has grounds to return the confiscated property; (c) in all other cases as a priority to assess the ability to return the confiscated property to the requesting Member State, this property returns the original, legitimate owners or compensating the victims of crime. 4. Where appropriate, unless Member States decide otherwise, the requested Member State may withhold any reasonable expenses incurred for investigations, prosecutions or judicial proceedings, with the end of the return of confiscated property, or in accordance with this article. 5. Where appropriate, Member States may in particular consider the possibility to conclude agreements or arrangements mutually acceptable in relation to the specific situation of the final transfer of the property seized. Article 58 of the financial investigation Department of the Member States should cooperate with each other in order to prevent and combat crime, which means as recognized under the Convention, and promote ways and measures to detect these features, and for this purpose to assess the ability to create financial transaction investigation department that would be responsible for the suspicious financial transaction report receiving, analysing and disseminating to the competent authorities. Article 59 the bilateral and multilateral agreements and arrangements in the Member States must assess the possibility of concluding bilateral or multilateral agreements or arrangements to enhance the Division in accordance with this Convention, the effectiveness of international cooperation. Chapter VI technical assistance and exchange of information article 60 training and technical assistance 1. Each Member State must ensure, as needed, and develop special training programmes for their employees who work in preventing and combating corruption. Such training programmes can be linked to the following areas: (a) effective measures to prevent, detect, investigate corrupting criminal offences, as well as to prosecute, including both the evidence gathering and investigative methods; (b) strategic anti-corruption policy and planning capacity building; (c) training competent authorities for mutual legal assistance in the preparation of the claim, according to the requirements of the Convention; (d) institutions, public service management, public financial management, including public and private sector assessments and reinforcement; (e) the transfer of the criminal prevention and combat in accordance with this Convention and the following recovery; (f) crime of which recognised as such in accordance with this Convention, the detection and freezing of transfers; (g) from criminal, which recognised as such in accordance with this Convention, and the transfer of such funds, used for camouflage or concealment methods; (h) appropriate and efficient legal and administrative mechanisms and methods of crime, which are recognised as such under this Convention, the return; (i) the methods used to protect victims and witnesses who cooperate with the judicial authorities; and (j) training of national and international regulations and language learning. 2. Member States should consider the offer a wide range of resources for technical assistance, particularly for the benefit of developing countries, according to the plans and programmes developed to combat corruption, including providing material support and training areas which are specified in paragraph 1 of this article, as well as training and assistance, the mutual exchange of experience and specialized knowledge sharing among the Member States for issuing and mutual judicial assistance on issues that will strengthen cooperation between Member States in these areas. 3. The Member States need to be strengthened in efforts to maximize operational and training in international and regional organizations and relevant bilateral or multilateral agreements or arrangements. 4. Member States shall evaluate the possibility, on request, to provide mutual assistance in order to carry out the evaluation, research and studies on the forms of corruption, its causes, consequences and the damage caused in the countries concerned, in order to create a strategy and action plan for combating corruption with the competent national authorities and public participation. 5. to promote a criminal of that recognised as such in accordance with this Convention, the recovery of the Member States may cooperate, giving each other the names of experts who could assist in achieving this. 6. Member States shall evaluate the possibility of using subregional, regional and international conferences and seminars to promote cooperation and technical assistance, as well as to encourage the discussion of common issues, including developing countries and countries with economies in transition, specific problems and needs. 7. Member States shall evaluate the possibility of creating a voluntary assistance mechanisms in order to provide financial contributions to developing countries and countries with economies in transition, efforts to apply this Convention through technical assistance programmes and projects. 8. each Member State shall assess the possibilities of voluntary contributions to the United Nations drug and Crime Office, with the assistance of the Office in order to support programmes and projects in developing countries for the implementation of this Convention. 61. Article information about corruption in the collection, Exchange, and analysis 1. Each Member State should consider, in consultation with experts, to analyze trends in corruption in its territory, as well as the conditions under which the crime of corruption are made. 2. Member States shall evaluate the possibility of mutually and with international and regional organizations to develop the statistics and sharing information and analytical expertise in the fight against corruption in order to elaborate, as far as possible, common definitions, standards and methodologies, as well as share information about optimal experience in preventing and combating corruption. 3. each Member State shall assess the ability to control its policies and practical measures in the fight against corruption and to make their effectiveness and usability assessment. 62 other measures: implementation of the Convention through economic development and technical assistance 1. Member States should take measures for optimal use in the implementation of this Convention to the extent possible, through international cooperation, taking into account the corruption the overall negative impact on society, particularly sustainable development. 2. the Member States, as far as possible, specific efforts should be mutual, as well as international and regional coordination: (a) to enhance their cooperation at various levels with developing countries to strengthen their capacity to prevent and combat corruption; (b) to enhance financial and material assistance to support the efforts of developing countries in an effective corruption prevention and fight, and to help them implement this Convention successfully; (c) to provide technical assistance to developing countries and countries with economies in transition to help them to implement their own needs in the implementation of the Convention. To this end Member States should endeavour to make adequate and regular investment account that is specifically designed for this purpose, the United Nations funding mechanism. In accordance with national regulations, and the provisions of this Convention, the Member States may consider the possibility of investing in this account a percentage of the money or of the corresponding income from criminal activities or seized property values in accordance with the requirements of this Convention; (d) to support and persuade other States and financial institutions appropriate to join them in efforts in accordance with this article, including providing the developing countries with a wider range of training programmes and modern equipment to help achieve the objectives of this Convention. 3. to the extent possible, these features may not be detrimental to existing foreign assistance commitments or to other financial cooperation arrangements at the bilateral, regional or international level. 4. Member States may conclude bilateral or multilateral agreements or arrangements on material or logistical assistance, taking into consideration the financial arrangements necessary for the effective international cooperation, as provided for in this Convention, as well as the prevention of corruption, the detection and control. Chapter VII implementation mechanisms article 63 1 of the Conference of the parties to the Convention. This is established, the Conference of the parties to the Convention to extend the capabilities of the Member States and to enhance cooperation between them, in order to achieve the objectives of this Convention, as well as to promote and monitor its implementation. 2. The Secretary-General of the United Nations shall convene a Conference of the Member States no later than one year after the entry into force of this Convention. Then is organized regular meetings of the Member States in accordance with a procedure approved by the Conference. 3. the Conference of the Member States to adopt procedural rules and conditions laid down in this article is to define the types of activity, including provisions relating to the recognition and participation of observers, as well as the payment of the expenses incurred as a result of these activities. 4. the Conference of the Member States to agree on the activities, procedures and methods of work to achieve the objectives defined in paragraph 1 of this article, including: (a) promoting the activities of the Member States in accordance with this Convention and article 62 60. and chapter II to V, including by encouraging the mobilization of voluntary contributions; (b) facilitating the exchange of information between Member States on the patterns and trends in corruption and on successful practices for its prevention and treatment, as well as from criminal recovery, using, among others, the publication of relevant information referred to in this article; (c) cooperating with relevant international and regional organizations and mechanisms and non-governmental organizations; (d) in accordance with the relevant information prepared by other international and regional mechanisms to prevent and combat corruption in order to avoid unnecessary duplication of work; (e) periodically review the implementation of this Convention in the Member States; (f) making recommendations to improve this Convention and its implementation; (g) taking into account the Member States ' technical assistance requirements for the implementation of this Convention and recommending any action it deems necessary to this end. 5. Pursuant to paragraph 4 of this article, the Conference of the Member States must obtain all the necessary information about the measures applied by the Member States, in implementing this Convention and the difficulties they encountered in the implementation process by providing information about it, as well as through additional reporting mechanisms, the Conference of Member States can be determined. 6. each Member State shall provide the Conference of the Member States of information on its programmes, plans and practices, as well as on legislative and administrative means in the implementation of this Convention, as it will determine the Conference of Member States. The Conference of the Member States should examine the most effective way to get this information and act on it, including information received from the Member States and the competent international organisations. The Conference of the Member States may also take into account the contributions received from relevant non-governmental organisations, approved, approved in accordance with the Conference set procedures. 7. in accordance with this article 4 to point 6, the Conference of the Member States shall establish, if it deems it necessary, any appropriate mechanism or body to more effectively the implementation of this Convention. 64. Article 1 Secretariat the Secretary-General of the United Nations Conference of the Member States should be provided with the necessary secretariat services. 2. the Secretariat shall: (a) to assist the Conference of the Member States to take action, as defined in article 63 of the Convention, as well as to enter into arrangements and provide the necessary services for the sessions of the Conference of the parties; (b) to assist Member States, upon request, to provide information to the Conference of the Member States, as provided for in article 63 of the Convention 5 and 6; and (c) ensure the necessary coordination with other relevant international and regional organizations to the Secretariat. Chapter VIII final provisions article 65 implementation of the Convention 1. Each Member State shall, in accordance with the fundamental principles of national law, the necessary measures, including legislative and administrative measures to ensure the implementation of its obligations under this Convention. 2. each Member State may adopt a more defined and more stringent than those specified in this Convention, to prevent and combat corruption. 66. Article dispute solution 1. Member States shall endeavour to resolve disputes relating to the interpretation and application of this Convention, the negotiating agenda. 2. Any dispute between two or more Member States concerning the interpretation or application of this Convention and which is not resolved by negotiation within a reasonable during the period, at the request of one Member State shall be submitted to arbitration in the deal. If, six months after the date of the arbitration request, these countries fail to agree on the Organization of the arbitration, any of those Member States may submit the dispute to the International Court of Justice, lodged a claim in accordance with the Statute of the Court. 3. each Member State shall sign this Convention, approval, acceptance or endorsement, as well as the time when it added to this Convention, declare that it does not consider that article 2 point for binding. Other Member States are not bind point 2 of this article in respect of any Member State which has made such a reservation. 4. Any Member State which has made a reservation in accordance with paragraph 3 of this article may at any time withdraw such reservation by notifying the Secretary-General of the United Nations. Article 67 signature, ratification, acceptance, approval and implementation 1. this Convention is open for signature by all States from 2003 December 9 to 11 Merida, Mexico and then the United Nations Headquarters in New York until 9 December 2005. 2. this Convention is open for signature or regional economic integration organisations provided that at least one Member State of such organization has signed this Convention in accordance with paragraph 1 of this article. 3. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval must be submitted to the Secretary-General of the United Nations. A regional economic integration organization may submit their instruments of ratification, acceptance or approval if at least one of its Member States has done likewise. In that instrument of ratification, acceptance or approval of the body concerned must declare the extent of its competence in respect of matters to be determined by this Convention. This organization must also inform the depositary of any amendments related to the extent of its competence. 4. This Convention shall be open for accession by any State or any regional economic integration organization, if at least one Member State is a party to the Convention. The instruments of accession shall be submitted to the Secretary-General of the United Nations. At the time of accession, the regional economic integration organization shall declare the extent of its competence in respect of matters governed by this Convention. Such organisations shall also inform the depositary of any relevant modification in the extent of its competence. Article 68 entry into force 1 this Convention shall enter into force on the 90th day after the 30th instrument of ratification, acceptance or accession, the date of submission of the document. The purpose of this paragraph, any instrument made by a regional economic integration organization shall not be counted as additional to the document submitted by the Member States of such organisation. 2. for each State or regional economic integration organization that ratifies, accepts, approves or accedes to this Convention after the 30th following the submission of the document, the Convention shall enter into force on the thirtieth day after the date on which that State or organization has submitted the relevant document or the date when this Convention enters into force in accordance with paragraph 1 of this article, whichever date occurs later. Article 69 Amendment 1. five years after the entry into force of this Convention, a Member State may submit amendments and pass it to the Secretary-General of the United Nations, who shall then declare the proposed amendment to the other Member States and to the Conference of the Member States in order to assess and decide on such a proposal. The Conference of the Member States to apply all efforts to achieve consensus on each amendment. If all efforts to reach consensus have failed and agreement is not found, for the adoption of the amendment in the last instance, the need of the Member States present and voting at the Conference of the parties to the two-thirds majority. 2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of its Member States. Such organizations shall not be entitled to vote if their Member States exercises its right, and vice versa. 3. An amendment adopted in accordance with paragraph 1 of this article, Member States shall be subject to ratification, acceptance and approval. 4. An amendment adopted in accordance with paragraph 1 of this article, shall enter into force for a member of the ninety days following the date on which such amendment of the instrument of ratification, acceptance or approval has been submitted to the Secretary-General of the United Nations. 5. when the amendment enters into force, it shall be binding on all Member States that have recognized as binding. Other Member States are bound by the provisions of this Convention and any amendments which they have ratified, accepted or approved. Article 70 denunciation 1. a Member State may denounce this Convention by written notification to the Secretary-General of the United Nations. Such denunciation shall take effect one year after receipt by the Secretary-General of such notification. 2. the regional economic integration organization shall cease to be a party to this Convention when this Convention denonsējuš in all these Member States. Article 71 depositary and languages 1. The Secretary-General of the United Nations is designated as 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, equivalent and shall be deposited with the Secretary-General of the United Nations. This TESTIMONY to the undersigned duly authorised representatives of the countries have signed this Convention.