The Saeima has adopted and the President promulgated the following laws: The Council of Europe Criminal Law Convention against corruption article 1. The Council of Europe Criminal Law Convention against corruption (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 17 of the Convention, the second part of the term "citizen" in the sense of the Convention applies to Latvian citizens as well as non-citizens, which is the law "on the status of former USSR citizens who are not Latvian or other nationality". 3. article. In accordance with article 37 of the Convention, the third part of the Republic of Latvia in any given case, is entitled to decide the question of mutual legal assistance and the political criminal case. 4. article. In accordance with article 29 of the Convention, the first part of the Convention for the international cooperation of the Republic of Latvia, on which the Ministry of Foreign Affairs shall notify the Secretary-General of the Council of Europe are: 1) the Ministry of Internal Affairs, during the pre-trial investigation stage to the initiation of a prosecution;
2) — the Prosecutor the pre-trial investigation stage until things to send to court;
3) Ministry of justice — the hearing stage. 5. article. The law shall enter into force on the date of its promulgation. Until the law put the Convention in English and its translation into Latvian language. 6. article. The Convention shall enter into force on its article 32 and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law of 7 December. State v. President Vaira Vīķe-Freiberga in Riga 2000 20 December Criminal Law Convention on Corruption preamble the member States of the Council of Europe and the other States having participated in the elaborations of this Convention, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Recognising the value of fostering co-operation with the other States to this Convention signator; Convinced of the need to pursu, as a matter of priority, a common criminal policy aimed at the protection of society against corruption, including the adoption of appropriate legislation and a preventive measure; Emphasising that corruption threaten the rule of law, democracy and human rights, good governance of undermin. and social justice, fairnes distort competition, hinder economic development, and endanger the stability of democratic institutions and the moral foundations of society; Believing that an effective fight against corruption requires increased, rapid and well-functioning international co-operation in criminal matters; Welcoming recent developments which further advance international understanding and co-operation in combating corruption, including actions of the United Nations, the World Bank, the International Monetary Fund, the World Trade Organisation, the the Organisation of American States, the OECD and the European Union; Having regard to the Programme of Action against Corruption, adopted by the Committee of Minister of the Council of Europe in November 1996, following the recommendations of the l9th Conference of European Minister of Justice (Valletta, 1994); Recalling in this respect the importanc of the participation of non-member States in the Council of Europe's activities against corruption and welcoming their valuable contribution to the implementation of the Programme of Action against Corruption; Further recalling that Resolution N ° 1 adopted by the European Minister of Justice at their 21st Conference (Prague, 1997) recommended the speedy implementation of the Programme of Action against Corruption, and called, in particular, for the early adoption of a criminal law Convention providing for the co-ordinated incrimination of corruption offenc, enhanced co-operation for the prosecution of such an offenc's as well as an effective follow-up mechanism open to member States and non-member States on an equal footing; Bearing in mind that the heads of State and Government of the Council of Europe decided, on the occasion of their Second Summit held in Strasbourg on 10 and 11 October 1997, to seek common responses to the challenges posed by the growth in corruption and adopted an Action Plan which, in order to promote co-operation in the fight against corruption , including its links with organised crime and money laundering, instructed the Committee of Minister, inter alia, to secure the rapid completion of international legal instruments pursuan to the Programme of Action against Corruption; Considering moreover that Resolution (97) 24 on the 20 Guiding principles for the fight against Corruption, adopted on 6 November 1997 by the Committee of Minister at its Session, to stress the 101s the need rapidly to complete the elaborations of the international legal instrument pursuan to the Programme of Action against Corruption, In view of the adoption by the Committee of Minister, at its 102nd Session on 4 May 1998 of Resolution (98) 7 authorising the partial and enlarged agreement establishing the "Group of States against Corruption – Greco", which aims at improving the capacity of its members to fight corruption by following up compliance with their undertaking in this field, have agreed as follows: Chapter I use OF terms article 1: use of terms For the purpose of this Convention: (a) "public official" shall be. understood by reference to the definition of "official" "public officer", "mayor", "minister" or "judge" in the national law of the State in which the person in question perform that function and as applied in its criminal law: (b). the term "judge" referred to in sub-paragraph (a) above shall include prosecutor and holder of judicial office; (c) in the case of proceedings involving a public official of another State, the prosecuting State may apply the definition of public official only insofar as that definition is compatible with its national law; (d) "legal person" shall mean. any entity having such status under the applicable national law, except for States or other public bodies in the exercise of State authority and for public international organisations. Chapter II-"TO BE TAKEN AT NATIONAL LEVEL article 2 – active bribery of domestic public officials Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any advantage to any of the undu in public officials , for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions. Article 3 – passive bribery of domestic public officials Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, the request or receipt by any of its public officials, directly or indirectly, any advantage of the undu, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions. Article 4 – Bribery of members of domestic public assemblies Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in articles 2 and 3, when involving any person who is a member of any domestic public assembly exercising legislative or administrative powers. Article 5 – Bribery of foreign public officials Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in articles 2 and 3, when involving a public official of any other State. Article 6 – Bribery of members of foreign public assemblies Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in articles 2 and 3, when involving any person who is a member of any public assembly exercising legislative or administrative powers in any other State. Article 7 — active bribery in the private sector Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally in the course of business activity, the promising, offering or giving, directly or indirectly, of any advantage to any person undu who direct or work for, in any capacity , private sector entities, for themselves or for anyone else, for them to act, or refrain from acting, in breach of their duties. Article 8 — passive bribery in the private sector Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, in the course of business activity, the request or receipt, directly or indirectly, by any persons who direct or work for, in any capacity, private sector entities, of any undu advantage or the promise thereof for themselves or for anyone else , or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in breach of their duties. Article 9 – Bribery of officials of international organisations Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in articles 2 and 3, when involving any official or other contracted employee, within the meaning of the staff regulations, of any public international or supranational organisation or body of which the Party is a member , and any person, seconded or not, carrying out whethers function in òàæó to those performed by such officials or agents. Article 10: the Bribery of members of international parliamentary assemblies Each State Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in article 4 when involving any members of parliamentary assemblies of international or supranational organisations of which the Party is a member. Article 11 – Bribery of the judge and officials of international courts Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in articles 2 and 3 involving any holders of judicial office or officials of any international court whose jurisdiction is accepted by the Party. Article 12 — Trading in influence Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, the promising, offering or giving, directly or indirectly, of any advantage the undu anyone who assert or confirm that he or she is able to be an improper influence exer over the decision-making of any person referred to in articles 2 the 6 and 9 4 to 11 in considerations, whethers the undu thereof advantage is for himself or herself or for anyone else, as well as the request, receipt or the acceptance of the offer or the promise of such an advantage, in the considerations of that influence, whethers or not the influence is exerted or whethers or not the supposed influence leads to the intended result. Article 13 — Money laundering of proceed from corruptions of Each Party shall adop offenc to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the conduct referred to in the Council of Europe Convention Of 141, article 6, paragraphs 1 and 2, under the conditions referred to therein, when the predicat has an offenc consist of any of the criminal of the offenc established in accordanc with articles 2 to 12 of this Convention , to the exten to that the Party has not made a reservation to these offenc or does not consider such offenc axis of the serious ones for the purpose of money laundering their legislation. Article 14 — account of Each Party shall adop offenc to such legislative and others measure may not be the axis of the axle of the offenc cessary establish liabl to criminal or other sanctions under its domestic law the following acts or omission, when committed intentionally, in order to commit, conceal or disguise the offenc referred to in articles of 2 to 12, to the exten the Party has not made a reservation (a) creating or using an invoice) or any other accounting document or record containing false or incomplete information; (b) unlawfully omitting it) make a record of a payment. Article 15 — Participatory acts Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law aiding or abetting the commission of any of the criminal of the offenc established in accordanc with this Convention. Article 16 — Immunity the provision of this Convention shall be without prejudice to the provision of any Treaty, Protocol or Statute, as well as their implementing texts, as regards the withdrawals of immunity. Article 17 Jurisdiction 1 Each Party shall-adop a such legislative and others measure may not be the axis of their jurisdiction over a criminal cessary establish offenc is established in accordanc with articles 2 to 14 of this Convention where: a) the offenc is committed in whole or in part in its territory; (b)) the offender is one of its nationals, one of its public officials, or a member of one of its domestic public assemblies; (c)) the one of the offenc involv of it published official or members of its domestic public assemblies or any person referred to in articles 9 to 11 who is at the same time one of its nationals. 2. Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserve the right not to apply or to apply only in specific cases or conditions the jurisdiction rules passed down in paragraph 1 (b)) and (c)), of this article or any part thereof. 3. If a Party has made use of the reservation possibility provided for in paragraph 2 of this article, it shall be such as may of the adop measure be does not establish jurisdiction over a criminal it cessary offenc is established in accordanc with this Convention, in cases where an alleged offender is present in its territory and it does not to another Party the extradit him. solely on the basis of his nationality, after a request for extradition. 4. This Convention does not exclude any criminal jurisdiction exercised by a Party in accordanc with national law. Article 18 – corporate liability 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that legal persons can be held liabl for the criminal offenc of active bribery, trading in influence and money laundering established in accordanc with this Convention, committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person , who has a leading position within the legal person. based on: — (a) power of representation of the legal person, or an authority to take decisions, on behalf of the legal person, or an authority to exercise control — within the legal person, as well as for involvement of such a natural person as accessory or instigator in the above-mentioned offenc. 2. Apart from the cases already provided for in paragraph 1, each Party shall take the measure of the cessary ensur that a legal person can be held in liabl where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of the criminal of the offenc mentioned in paragraph 1 for the benefit of the legal person by a natural person under its authority (a). 3. Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are the perpetrator, instigator of, or accessories to, the criminal of the offenc mentioned in paragraph l. Article 19 — sanctions and measure 1. Having regard to the serious nature of the criminal of the offenc established in accordanc with this Convention, each Party shall provide, in respect of those criminal in accordanc with offenc established by articles 2 to 14 , effective, proportionat and dissuasiv of sanctions and measure, including, when committed by natural persons, penalties involving deprivation of liberty which can give of the rise to the extradition. 2. Each Party shall ensur that legal persons held liabl in accordanc with article 18 paragraphs 1 and 2, shall be subject to effective, proportionat and dissuasiv of the criminal or non-criminal sanctions, including monetary sanctions. 3. Each Party shall adop to such legislative and others measure may not be the axis of the cessary to enable it to confiscat or otherwise depriv the instrumentalit and proceed of the offenc established criminal in accordanc with this Convention or property the value of which correspond to such proceed. Article 20 — Specialised authorities Each Party shall adop a such measure may not be the axis of the cessary to ensur that persons or entities with a specialised in the fight against corruption. They shall not have the cessary independence in accordanc with the fundamental principles of the legal system of the Party, in order for them to be able to carry out their functions effectively and free from any pressure of the undu. The Party shall ensur that the staff of such entities has to be adequat training and financial resources for their tasks. Article 21 — Co-operation with and between national authorities Each Party shall adop a such measure may not be the axis of the cessary to ensur that public authorities, as well as any public official co-operate, in accordanc with national law, with those of its authorities responsible for investigating and prosecuting criminal offenc: a) by informing the latter authorities, on their own initiative, where there are reasonable grounds to believe that any of the criminal of the offenc established in accordanc with articles 2 to 14 has been committed, or (b)) by providing, upon request, to the latter authorities all cessary information not. Article 22-Protection of the collaborator of Justice and of Each Party shall adop a witness such measure may not be the axis of the cessary to provide effective and appropriate protection for: i. those who report the criminal of the offenc established in accordanc with articles 2 to 14 or otherwise co-operate with the investigating or prosecuting authorities; II. the witness who give news article concerning these offenc. Article 23 — Measure to facilitat the gathering of evidence and the confiscation of 1 Each Party shall proceed adop to such legislative and others measure may not be the axis of the cessary, including those permitting the use of special investigative techniques, in accordanc with national law, to enable it to facilitat the gathering of evidence related to criminal offenc established in accordanc with of article 2 to 14 of this Convention and to identify , trace, freeze and seize instrumentalit and proceed of corruption or property, the value of which correspond to such proceed, liabl to measure the set out in accordanc with paragraph 3 of article 19 of this Convention. 2. Each Party shall adop to such legislative and others measure may not be the axis of the cessary to empower its courts or other competent authorities to order that the bank, financial or commercial records be made available or be seized in order to carry out the actions referred to in paragraph 1 of this article. 3. Bank secrecy shall not be an removes it provided for the "in paragraphs 1 and 2 of this article. Chapter III MONITORING OF IMPLEMENTATION article 24 — Monitoring the Group of States against Corruption (GRECO) shall monitor the implementation of this Convention by the Contracting Parties. Chapter IV INTERNATIONAL co-operation article 25 – General principles and measure for international co-operation 1. The Parties shall co-operate with each other, in accordanc with the provision of relevant international instruments on international co-operation in criminal matters, or arrangements for agreed on the basis of uniform or reciprocal legislation, and in accordanc with their national law, to the wides to exten the possible for the purpose of investigations and proceedings concerning criminal offenc's established in accordanc with this Convention. 2 where the instrument or from the international it referred to in paragraph 1 through the is in force between parties, articles 26 to 31 of this chapter shall apply. 3. Articles 26 to 31 of this chapter shall also apply where they are more than a favourabl those of the international instruments or arrangements referred to in paragraph l of article 26: Mutual assistance 1. The Parties shall afford one another the wides a measure of mutual assistance by promptly processing requests from authorities that, in conformity with their domestic laws, have the power to or a criminal prosecut investigat the offenc established in accordanc with this Convention. 2. Mutual legal assistance under paragraph 1 of this article may be refused if the requested Party believe that the compliance with the request would undermin it interests, national sovereignty is fundamental, national security or ordre public. 3. the Parties shall not invoke bank secrecy as a ground to refus any co-operation under this chapter. Where its domestic law so requires, a Party may require that a request for co-operation which would involv the lifting of bank secrecy be authorised by either a judge or another judicial authority, including public prosecutor, any of these authorities acting in criminal affairs. the offenc Article 27 — Extradition l. The criminal of the offenc established in accordanc with this Convention shall be deemed to be included as a extraditabl in any extradition treaty existing offenc between or among the parties. The parties to include such offenc undertak axis of extraditabl in any extradition treaty offenc to be concluded between or among them. 2. If a Party that makes extradition conditional on the existenc of a treaty receive a request for extradition from another Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any criminal in accordanc with offenc established by this Convention. 3. Parties that do not make extradition conditional on the existenc of a treaty is established by the IR recognis criminal offenc in accordanc with this Convention as a extraditabl of the offenc between themselves. 4. Extradition shall be subject to the conditions provided for by the law of the Requested State or by applicable extradition treats, including the grounds on which the Requested State may in refus extradition. 5. If extradition for a criminal is established in accordanc offenc with this Convention is refused solely on the basis of the nationality of the person sought, or because the requested Party deemas that it has jurisdiction over the offenc, the requested Party shall submit the case to its competent authorities for the purpose of prosecution unless the is otherwise agreed with the requesting Party , and shall report the final outcome to the requesting Party in due course. Article 28 — of information without prejudice Spontaneo to its own investigations or proceedings, a Party may without prior request forward to another Party information on facts when it consider that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offenc's established in accordanc with this Convention or might lead to a request by that Party under this chapter. Article 29 – Central authority 1. The Parties shall a central authority or designat, if appropriate. several central authorities, which shall be responsible for sending and answering requests made under this chapter. the execution of such requests or the transmission of them to the authorities competent for their execution. 2. Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities designated in the pursuanc of paragraph 1 of this article. Article 30 — direct communication 1. The central authorities shall communicate directly with one another. 2. In the event of urgency, requests for mutual assistance or communications related theret may be sent directly to the by the judicial authorities, including the public prosecutor, of the requesting Party to such authorities of the requested Party. In such cases a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party. 3. Any request or communication under paragraphs 1 and 2 of this article may be made through the International Criminal Police Organisation (Interpol). 4. Where a request is made to the paragraph 2 of pursuan this article and the authority is not competent to deal with the request, it shall refer the request to the competent national authority and inform directly the requesting Party that it has done so. 5. Requests or communications under paragraph 2 of this article, which do not, a coerciv action involv may be directly transmitted by the competent authorities of the requesting Party to the competent authorities of the to of the requested Party. 6. Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this chapter to be addressed to it by the central authority. Article 31 Information the requested Party shall, promptly inform the requesting Party of the action taken on a request under this chapter and the final result of that action. The requested Party shall promptly inform the requesting also Party of any of which renders impossible circumstanc the carrying out of the action sought or are likely to delay it significantly. Chapter V FINAL PROVISION article 32 – signature and entry into force 1 this Convention shall be open. for signature by the member States of the Council of Europe and by non-member States that have participated in its elaborations. Such States may express their consent to be bound by: a signature without reservation) as to ratification, acceptance or approval; or (b) signature subject to ratification), acceptance or approval, followed by ratification, acceptance or approval. 2. the Instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which 14 States have expressed their consent to be bound by the Convention in accordanc with the provision of paragraph 1. Any such State which is not a member of the Group of States against Corruption (GRECO) at the time of ratification , shall automatically become a member on the date the Convention enter into force. 4. In respect of any signatory State which subsequently express their consent to it be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of their consent to be bound by the Convention in accordanc with the provision of paragraph 1 Any signatory State. , which is not a member of the Group of States against Corruption (GRECO) at the time of ratification, shall automatically become a member on the date the Convention enter into force in its respect. These States are the following: Belarus, Bosnia and Herzegovina, Canada, Georgia, Holy See, Japan, Mexico and the United States of America. Article 33 – Accession to the Convention 1 After the entry into force of this Convention, the Committee of Minister of the Council of Europe, after consulting the Contracting States to the Convention, may invite the European Community as well as any State not a member of the Council and not having participated in its elaborations to accede to this Convention, by a decision taken by the majority provided for in article 20 d. of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Minister. 2. In respect of the European Community and any State acceding to it under paragraph 1 above. the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. The European Community and any State acceding to this Convention shall automatically become a member of the Greco, if it is not already a member at the time of accession, on the date the Convention enter into force in its respect. Article 34 – Territorial application 1 Any State may. at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2. Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. Article 35 – Relationship to other Convention and agreements 1 this Convention does not affec the rights and undertaking of international Convention for immigrants from multilaterals derived special matters. 2. The parties to the Convention may by bilateral or conclud multilaterals agreements with one another on the matters to deal with in this Convention, for the purpose of supplementing or strengthening its provision or facilitating the application of the principles embodied in it. 3. If two or more parties have already concluded an agreement or treaty in respect of a subject which is deals with in this Convention or otherwise have established their relations in respect of that subject they shall be entitled to apply that agreement or it treaty or of the regulat those relations accordingly, in lieu of the present Convention, if it facilitat international co-operation. Article 36 – declarations Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it will establish as criminal offenc the active and passive bribery of foreign public officials under article 5, of officials of international organisations under article 9 or of the judge and officials of international courts under article 11 , only to the exten to that the public official or judge acts or refrain from acting in breach of his duties. Article 37 – reservations 1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, reserve its right not to establish as a criminal under its domestic law the offenc, in part or in whole, the conduct referred to in articles 4, 6 to 8, 10 and 12 or the passive bribery of the offenc defined in article 5.2. Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession declare that it is itself of the availa ... reservation provided for in article 17, paragraph 2., 3. Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession declare that it may by mutual legal assistance under refus article 26 , paragraph 1, if the request concerns an offenc of which the requested Party consider a political offenc. 4. the State may, by application of paragraphs l, 2 and 3 of this article, enter reservations to more than 5 of the provision in the mentioned thereon. Other reservation may be made. Reservations of the same nature with respect to articles 4, 6 and 10 shall be considered as one reservation. Article 38 Validity and review of: declarations and reservations 1. Declarations referred to in article 36 and reservations referred to in article 37 shall be valid for a period of three years from the day of the entry into force of this Convention in respect of the State concerned. However, such declarations and reservations may be renewed stands out among for the period of the same duration. 2. Twelve months before the date of expiry of the declaration or reservation, the Secretariat General of the Council of Europe shall give notice of that expiry to the State concerned. From the latter than three months before the expiry, the State shall notify the Secretary General that it is upholding, amending or withdrawing its declaration or reservation. In the absence of a notification by the State concerned, the General Secretariat shall inform that State that its declaration or reservation is considered to have been extended automatically for a period of six months. Failure by the State to notify its intention to uphold or modify its declaration or reservation before the expiry of that period, shall cause the declaration or reservation to lapse. 3. If a Contracting Party makes a declaration or a reservation in conformity with articles 36 and 37, it shall provide, before its renewal or upon request, an explanation to the Greco, on the grounds justifying its continuanc. Article 39-Amendments Amendments 1 this Convention it may be proposed by any Party, and shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe and to every non-member State which has acceded to or has been invited to accede to this Convention in accordanc with the provision of article 33 2. Any amendment proposed by a Party shall be communicated to the European Committee on crime problems , which shall submit to the Committee of Minister to its opinion on that proposed amendment. 3. The Committee shall consider the will of the Minister proposed amendment and the opinion submitted by the CDPC and, following consultation of the non-member States parties to the Convention, may be the adop amendment. 4. The text of any amendment adopted by the Committee of Minister in accordanc with paragraph 3 of this article shall be forwarded to the parties for acceptance. 5. Any amendment adopted in accordanc with paragraph 3 of this article shall come into force on the thirtieth day after all parties have informed the Secretary General of their acceptance thereof. Article 40 settlement of dispute 1-. The European Committee on crime problems of the Council of Europe shall be the skipper informed regarding the interpretation and the application of this Convention. 2. In the case of a dispute between parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on crime problems, to an CAs tribunal whose decision shall be binding upon the parties, or to the the International Court of Justice as agreed upon by the parties concerned. Article 41 — Denunciation 1 Any Party may, at any. time, denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General. Article 42 – Notification the Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: a any signature;) (b)) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry) into force of this Convention in accordanc with articles 32 and 33; (d) any declaration or reservation made) under article 36 or article 37; e any other Act, notification) or communication relating to this Convention. In witness whereof the undersigned, being duly authorised, have signed theret this Convention. Done at Strasbourg, this 27th day of January 1999, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the non-member States which have participated in the elaborations of this Convention, and to any State invited to accede to it.
Criminal Law Convention against corruption preamble the Member States of the Council of Europe and the other States which participated in the elaboration of this Convention, considering that the aim of the Council of Europe is to achieve greater consensus among their members; Recognizing the importance of promoting cooperation with other countries which have signed the Convention; convinced of the need to implement as one of the priority questions of common criminal law policy, the purpose of which is to protect the public from corruption, including the adoption of appropriate legislation and take preventive measures; emphasising that corruption undermines the legitimacy of democracy and human rights, undermines the normal management opportunities, fairness and social justice, distorts competition, hinders economic development and endangers the stability of democratic institutions and the moral foundations of society; believing that an effective fight against corruption requires increased, rapid and well-functioning international co-operation in criminal matters; Welcoming the recent steps that even a greater extent contribute to international understanding and cooperation in the fight against corruption, including the measures taken by the United Nations, the world bank, the International Monetary Fund, the World Trade Organization, the Organization of American States, OECD and the European Union; under the operational programme for the fight against corruption, which, according to the National Conference of the XIX the Minister of Justice (Valletta, 1994) recommendation, in November 1996, adopted by the Committee of Ministers of the Council of Europe; the light of countries that are not Member States of the Council of Europe, the importance of the participation of Council of Europe activities aimed against corruption and welcoming their valuable contribution to the operational programme for combating corruption; Noting also that the Minister of Justice of the European national XXI Conference (Prague, 1997) adopted resolution No. 1 recommended actions as soon as possible the programme for combating corruption and, in particular, urged the soon to adopt criminal law Convention, which would facilitate the coordination of prosecutions with corruption-related offences, improve cooperation in prosecuting such offences, as well as an effective verification mechanism, which should be available for both the Member States and the other countries on an equal footing; Recalling that the Council of Europe heads of State and Government at a summit meeting in Strasbourg in 1997 and 11 October 10 decided to look for joint solutions to the difficulties posed by the growth in corruption and adopted an action plan which, in order to foster cooperation in the fight against corruption, including its links with organised crime and money laundering, inter alia, were given instructions to the Committee of Ministers to ensure rapid development of international legal instruments pursuant to the Programme of action against corruption; Noting also that in its resolution (97) 24 on the 20 guiding principles for the fight against corruption, which the 1997 November 6 in his 101. session adopted by the Committee of Ministers, have highlighted the need to quickly finish the elaboration of international legal instruments pursuant to the Programme of action against corruption; pursuant to the Committee of Ministers session 102 4 May 1998 adopted a resolution (98) 7, which confirms the partial and enlarged agreement "On inter-State group against corruption (GRECO)" with the aim to improve the ability of its members to fight corruption by monitoring their compliance with the obligations assumed in this area, have agreed as follows: chapter I use of terms article 1: use of terms definitions for the purposes of this Convention: a. the term "public official" is to be understood under the term "officer" "public officer", "Mayor", "Minister" or "judge" definition of its national laws, in which the person concerned carries out these functions, and how it's defined in the criminal law of this State; b. the term "judge" referred to in subparagraph "a", which includes prosecutors and other persons occupying positions of law enforcement authorities; c. proceedings in cases involving other government officials, the allegations set the State may apply the definition of a public official only to the extent it is consistent with its national laws; (d) "legal person" means any entity having such status shall be determined by the applicable national law, except for States or other public bodies that exercise public power, as well as public international organisations. Chapter II measures to be taken at national level article 2 – national State bribery of officials each Party shall take such legislative and other measures necessary, in accordance with its law qualified as a criminal offence to knowingly make the kind of transactions with which any person, offer or give, directly or indirectly, to any public officer of this State, any benefits due to it for both the Executive and any other person, to the Executive perform its functions or to refrain from carrying out its functions. Article 3 — national bribes public officials each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence to knowingly perform this kind of operation, by which any public officer to the public requires or receives, directly or indirectly, any benefits due to it for both the officer and any other person, or accepts such advantage or a promise to offer to provide about it to the Executive perform its functions or to refrain from carrying out its functions. Article 4 – national public assembly members of bribery each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence in article 2 and 3 above if it includes any person who is a national of any of the public assembly that implements the legislative or executive functions. Article 5 – bribery of foreign public officials each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence in article 2 and 3 of the activities, if there are any other involved Government officials. Article 6: foreign public bribery of members of the Assembly, each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence in article 2 and 3 above if it includes any person who has any public assembly that implements the legislative or executive functions in any other country. Article 7 — Bribery in the private sector each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence in the course of business, the kind of deliberate action that any individual step, offer or give, directly or indirectly, by any persons who conduct the business of the company or work in them in any post, any benefits due them, for both those persons and any other person on that person to act or refrain from acting in breach of his duties. Article 8 — the bribery in the private sector each Party shall take such legislative and other measures as necessary, in accordance with its law, qualified as a criminal offence in the course of business, the kind of deliberate action that any person who drives the private sector enterprises or work in them in any post, requests or receives, directly or indirectly, any benefits due them, which meant both that person and any other person , or accepts such advantage or a promise to provide a quote on it, to the person's Act or refrain from acting in breach of his duties. Article 9 — officials of international organisations each party bribery shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence in article 2 and 3 above if it is involved in any public international or supranational organisation or body of which the party is a Member State, any official or other contract employees working in organizations concerned personnel granted means or any other person, both approved and non-approved posts, which carry out functions corresponding to those performed by the officials or representatives of the functions. Article 10: International Parliamentary Assembly of members of bribery each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence referred to in article 4 if it is involved in the Organization of international and supranational Parliamentary Assembly members, in which the party is a member. Article 11 — the International Court of Justice judges and officials of bribery each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence in article 2 and 3 above if it involved a person who occupies a position of authority or the protection of the rights of an international court official with jurisdiction is accepted by the party. Article 12: the impact of marketing with each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence to knowingly make the kind of transactions with which any person, offer or give, directly or indirectly, any benefits due to any person who asserts or confirms that is able to receive the benefits of the illegal way to influence decision making by any of 2, 4-6 and 9-11 articles in this person, regardless of whether this incident is not intended for that person or any other person, as well as the following benefits of the offer or promise to request or accept as consideration for such impact, regardless of whether such effects has been done or imagined effects and has led to the expected results. Article 13 — Money laundering relating to the funds obtained through corruption-related criminal offence resulted in each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence the actions referred to in the Council of Europe Convention No 141 article 6, first and in the second part and carried out at those sections these conditions, if the predicate crime includes any crime specified in this Convention, in article 2-12, to the extent the party has not reserved the right in respect of such criminal offence or does not consider such offences as serious enough to put them in their legislation in the field of money laundering. Article 14 — accounting offences each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as offences for which there was criminal liability or other responsibility, the following actions or negligence at work, if it was made deliberately to commit, hidden or masked criminal offence referred to in article 2-12, to the extent the party has not made a reservation with regard to those articles : a) the invoice or any other accounting document or record containing false or incomplete information, or use of the dial; (b) illegal entry not) on any payment. Article 15 – participation of each Party shall take such legislative and other measures as are necessary, in accordance with its law to qualified as a criminal offence to help and support any criminal offence under this Convention. Article 16 — immunity the provisions of this Convention shall not in any way affect any international treaty, Protocol or statute, as well as the conditions of the text with respect to waiver of immunity. Article 17 — jurisdiction 1. Each Party shall take such legislative and other measures as may be necessary to establish jurisdiction over 2-14 of this Convention, referred to in article criminal offences if: (a)) a criminal offence is committed in whole or in part in its territory; (b) the perpetrator of the crime) is one of the party's nationals (nationals), one of its public officials or any of that party's public Assembly; c) an offence is involved in any of these parties, whether public officials or any public Assembly of the party member, or any 9-11 article person who is a citizen of that party (the alien). 2. Each of the parties at the time of signing this Convention or its instrument of ratification, acceptance, approval or accession, at the time of the Declaration, which was addressed to the Secretary-General of the Council of Europe, declare that it will not apply the jurisdiction rules set out in this article) and (b) of the first subparagraph (c)), or any part thereof, or these provisions will apply only in specific cases or conditions. 3. If either party has used the second part of this article the disclaimer, it must take the necessary measures to establish jurisdiction over a criminal offence in accordance with this Convention, in cases where criminals considered a person situated in its territory and it does not issue this person to another party by issuing the request, stating only that the person is one of its nationals (nationals). 4. this Convention does not exclude other types of criminal jurisdiction, which the Party shall be implemented in accordance with its national law. Article 18: the liability of legal persons 1. Each Party shall take such legislative and other measures as are necessary to ensure legal prosecution of individuals for bribery, trading in influence and money laundering offences under this Convention and that it has made good by any natural person, acting either individually or as a legal person, the leading authorities and on the basis of the : — entitled to represent the legal person or the right decisions given on behalf of the legal person, or the right to exercise control within the legal person, as well as the following natural persons as accomplices of the abovementioned criminal involvement in crime. 2. in addition to the cases mentioned in the first paragraph, each Party shall take the necessary measures to ensure legal prosecution of individuals in cases where the lack of supervision or control from any referred to in the first subparagraph, the part of a natural person is allowed by a natural person referred to in the first subparagraph be made criminal offences give legal entities. 3. the legal prosecution of the person in accordance with the first and second subparagraphs shall not exclude criminal proceedings against natural persons who are referred to in the first subparagraph, the criminal offence perpetrators, instigators or actors. Article 19 – sanctions and measures 1. subject to this Convention, the offences listed in the dangerous nature of any party in relation to offences under this Convention article 2-14, will provide for effective, proportionate and appropriate sanctions and measures, including penalties, which provides custodial and creates preconditions for extradition if a criminal offence is committed person. 2. each Party shall ensure that legal persons are called to account in accordance with article 18, first and second parts, are subject to effective, proportionate and appropriate penal and other sanctions, including fines. 3. Each Party shall take such legislative and other measures as are necessary to enable it to confiscate or otherwise deprive the tools and proceeds of crime means deriving from this Convention criminal offences, or property the value of which corresponds to the value of such funds. Article 20 — specialised authorities each Party shall take such measures as are necessary to ensure the specialisation of persons or bodies in the fight against corruption. They must provide the necessary independence, in accordance with the particular legal system of a party, to be able to carry out its functions effectively and without any pressure from the side. The Party supports such a staff adequate training and appropriate financial resources to these authorities. Article 21 — co-operation with and between national authorities each Party shall take such measures as are necessary, in accordance with national law, ensure that public authorities, as well as all government officials in cooperation with the authorities responsible for the investigation of criminal offences, as follows: (a) informing the latter authorities) on its own initiative, any case in which there is reason to believe that someone is made from the Convention 2.-Article 14 crimes listed in, or (b) upon request, providing the last) authorities with all necessary information. Article 22 — who collaborated with law enforcement authorities, and witness protection, each Party shall take such measures as are necessary to provide effective and appropriate protection for: (i) persons who report to the Convention-article 14 2 criminal offences referred to in, or otherwise cooperate with the investigation or proceedings in institutions; II. witnesses who give testimony concerning these offences. Article 23 – measures of evidence collection and seizure of criminal facilitation 1. Each Party shall take such legislative and other measures, including those which, in accordance with the national legislation allows the use of special investigative techniques, as are necessary to facilitate the collection of evidence in respect of this Convention. 2-article 14 crimes referred to, the criminal offences of corruption and the resulting income or property the value of which corresponds to the value of such funds and income related documents as well as the following income corresponding to the value of the property, subject to article 19 of this Convention, the third part of the measures, the identification, tracing, freezing and confiscating. 2. each Party shall take such measures in legislative and other fields, which are necessary to its judicial authorities or other competent authorities should be entitled to request the banking, financial and commercial service of documents or their withdrawal in the first part of the operations. 3. Bank secrecy cannot be an obstacle to measures referred to in this article, first and second subparagraphs. Chapter III monitoring of IMPLEMENTATION of the Convention article 24: the control for the purposes of this Convention, the Member States of the Convention on the control of trans-national group against corruption (GRECO). Chapter IV International cooperation article 25 — international cooperation general principles and measures 1. Parties in the widest way cooperate with each other in accordance with the relevant international agreements on international cooperation in criminal matters, or arrangements agreed to the equivalent single or legislative basis and subject to their national laws, to carry out the investigation and legal proceedings in respect of the matters covered by this Convention offences. 2. If the relationship between the parties is not regulated by any international agreement or arrangement referred to in the first paragraph, then apply this chapter 26-31. 26. This chapter 3-article 31 applies even if it is more favourable than that referred to in the first subparagraph, the international agreements and arrangements. Article 26 mutual assistance: 1. The Parties shall provide each other the widest measure of mutual assistance by promptly considering requests from authorities that, in accordance with national laws have the right to investigate or prosecute for this Convention criminal offences. 2. the first part of this article for mutual legal assistance may be refused if the party which sent the request, considers that execution of the request may harm its fundamental interests, national sovereignty, national security or public order. 3. The parties will refer to the banking secrecy as grounds for refusal of cooperation within the framework of this chapter. If it detects one of the party's national laws and regulations, that party may require that the request for cooperation, which provides for the abolition of banking secrecy, the judge approved, or other law enforcement authority, including public prosecutors, i.e. authorities, the scope of which includes the investigation of criminal offences and the trial. 27. Article 1 of This Convention, the issue of the said offences are considered to be included in the number of criminal offences, which serves as the basis for extradition in any extradition treaty concluded between the parties. The parties consider it necessary to include such criminal offences to the criminal offence, which is the basis for the issue of any extradition treaty to be concluded between the parties. 2. If a party that makes extradition only on the basis of the treaty receives a request for extradition from another party with which the first half is not an agreement on extradition, it may consider this Convention as the legal basis for extradition in respect of any of those in this Convention for the criminal offence. 3. the parties that are not bound only by a special issue of the existence of the Treaty, mutual recognition referred to in the Convention for criminal offences, which is the source of the issue. 4. Extradition shall be subject to the conditions provided for in the legislation of the requested State or the relevant extradition treaties, including the grounds in respect of which a requested State may refuse extradition. 5. If the extradition in connection with a crime covered by this Convention, the offence is refused based on a person's nationality (citizenship), or because the requested Party considers that it has jurisdiction over the criminal offence, the requested Party shall submit the case to their competent authorities for prosecution, unless otherwise agreed with the requesting party, and shall inform the requesting Party of the final settlement of the case. Article 28 – Spontaneous information without prejudice to its own investigations or proceedings, any party without prior request, can be sent to another party information on facts, if that party considers that the disclosure of such information could provide information to the receiving party's assistance in the investigation or proceedings, or in carrying cases that refer to this Convention criminal offences, or is likely to result in the submission of the second party, in accordance with the provisions of this chapter. Article 29 – the central institution of the authorized parties shall mean 1 central authorities or authorized, if necessary, a number of bodies that will be in charge of the request provided for in this chapter and answering to them, or the request to transfer the bodies that are competent to execute them. 2. Any party at the time when this Convention is signed or filed in storage of its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe in accordance with the first paragraph of this article, determine the authorized institution names and addresses. Article 30 — direct communication 1. the central authorities notified mutually communicate directly. 2. If there is an urgent need, the request and communications pursuant to the requesting party's judicial authorities, including public prosecutors can be sent directly to the requested Party, the relevant authorities. In such cases, notice of such request or the copy is sent at the request of the receiving party authorised for the central authority of the requesting party to the central authorities notified. 3. Any request or communication relating to the first and second subparagraph, may be made by the international criminal police organisation (INTERPOL). 4. If a request is made in accordance with the second paragraph of this article and the authority is not competent to examine it, it sends the request to the competent national authority and shall immediately notify the Requesting Party of the following their actions. 5. requests or notifications relating to Chapter 2 of this title and not for the use of coercive measures, the competent authorities of the requesting party may be sent directly to the requested party to the competent authorities. 6. Any party at the time when this Convention is signed or filed in storage of its instrument of ratification, acceptance, approval or accession, notify the Secretary-General of the Council of Europe, the efficiency, the Department requests are to be made within its central addressable notified body. Article 31 — information the requested Party shall promptly inform the requesting Party of the activities carried out in this chapter and in the context of the request for final action. The requested Party shall promptly inform the requesting Party of any circumstances which make it impossible to perform the requested operation, or it can substantially delay. Chapter v final provisions article 32 – signature and entry into force 1 this Convention shall be open for signature the Member States of the Council of Europe and the countries which are not Member States, 1 but which have participated in the elaboration of this Convention. Such States may express their consent to be certified by: a) signature without reservation of ratification, acceptance or approval, or (b)) signature, subject to ratification, acceptance or approval. 2. the instruments of ratification, acceptance or approval shall be submitted by the Secretary-General of the Council of Europe. 3. this Convention shall enter into force on the first day of the month following the period of three months from the date of that 14 countries have provided their consent to be bound by the Convention in accordance with the provisions of the first subparagraph. Any such State not transnational group against corruption (GRECO) at the time of ratification, automatically become a member on the date of entry into force of the Convention. 4. Any State which expresses its consent to be bound by the Convention obligations, the Convention shall enter into force on the first day of the month following that in which the expiry of three months after the date on which the State has given its consent to be bound by the Convention in accordance with the provisions of the first subparagraph. Any signatory State not transnational group against corruption (GRECO) at the time of ratification, the Member automatically becomes a member of the date of entry into force of the Convention for that State. Article 33 – accession to the Convention 1 after the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation with the Member States of the Convention, may invite the European Community, as well as any State not a member of the Council and has not participated in the elaboration of the Convention, to accede to this Convention, acting in accordance with the Statute of the Council of Europe, provided for in article 20 d of the votes cast and that unanimously adopted the Convention of representatives of the Member States in the Committee of Ministers. 2. In the case of the European Community and any State which accedes to the Convention in accordance with the first chapter, the Convention shall enter into force on the first day of the month following that in which the period of three months from the date of accession which has been submitted to the Secretary-General of the Council of Europe. The European Community and any State party to this Convention if it has not yet been accession to Greco member automatically becomes a on the date when the Convention enters into force for that country. Article 34 – territorial application 1 any State signing this Convention or depositing its instrument of ratification submitted, acceptance, approval or accession, may specify the territory or territories to which this Convention shall apply. 2. Any State may at any time submit to the European Council a declaration addressed to the Secretary General, in which it states that extend the application of this Convention the territory specified in the Declaration. In this territory the Convention shall enter into force on the first day of the month following the period of three months from the date on which the Secretary-General has received the following statement. 3. any declaration made under the two preceding parts of the article of any territory specified in the Declaration, be withdrawn by a notification addressed to the Secretary General. Withdrawal shall take effect on the first day of the month following the period of three months from the date on which the Secretary-General has received the following statement. Article 35 – relationship with other conventions and treaties 1. this Convention shall not affect the rights and obligations arising from international multilateral conventions concerning special matters. 2. The parties to the Convention may conclude bilateral or multilateral agreements on matters covered by this Convention, to complement or reinforce its provisions or facilitating the application of the principles contained therein. 3. If two or more parties have already concluded an agreement or Treaty on the matters covered by this Convention or have otherwise established relations in such matters, they are entitled to apply the Convention in place of the arrangement or agreement, or otherwise adjust the established relationships, if it facilitates international co-operation. Article 36 – declarations any State signing this Convention or depositing its instrument of ratification submitted, acceptance, approval or accession declare that it qualified as a criminal offence in the active and passive corruption with respect to foreign public officials under article 5, in respect of officials of international organisations under article 9 and in respect of the international judicial officials in accordance with the Article 11 only to the extent that it applies to a public official or judge acts or omissions in breach of his duties. Article 37 reservations 1 — any State signing this Convention or depositing its instrument of ratification submitted, acceptance, approval or accession, declare that it can use the reservation rights either fully, or in part, does not qualify in their national legislation as criminal offences referred to in 4, 6, 8, 10 and 12, or passive corruption, in accordance with article 5. 2. Any State may, when signing this Convention or depositing its instrument of ratification submitted, acceptance, approval or accession, declare that it uses for reservations of rights referred to in the second paragraph of article 17. 3. any State signing this Convention or depositing its instrument of ratification submitted, acceptance, approval or accession declare that it may refuse mutual legal assistance under article 26, first paragraph, if the request concerns an offence which the requested Party considers a political criminal offence. 4. No State, in applying this article the first, second and third subparagraph, may not require reservations for more than 5 conditions referred to therein. No other reservations are not permitted. The same kind of reservations for 4, 6 and 10 will be considered one reservation. Article 38: the Declaration and reservation validity and revision 1. the Declaration referred to in article 36 and reservations referred to in article 37 shall be valid for three years from the date when the Convention enters into force in a specific country. But such declarations and reservations can be extended to the same time period. 2. Twelve months before the expiry of the Declaration or reservation of the draining of the General Secretariat of the Council of Europe shall notify the State concerned. Not later than three months before the expiry of the State shall notify the Secretary-General that it left, amend or withdraw its declaration or reservation. Where the country concerned has provided the following statement, the Secretary-General shall inform the public that its declaration or reservation is considered automatically extended for six months. If the State concerned up to the end of their intention not to maintain or amend its declaration or reservation, declaration or reservation shall cease to have effect. 3. If a State party shall provide a declaration or reserves the right, in accordance with article 36 and 37, it shall, prior to the extension of the Declaration or reservation or upon request, provides Greco has to be an explanation of the reasons why such an extension is necessary. Article 39: the amendments 1. Proposals for amendments to this Convention may be made by any party, and to the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe, as well as to all States which are not Member States, but which are party to the Convention or to have received the invitation to join it in accordance with the provisions of article 33. 2. All the parties to put forward proposals which are notified to the European criminal problem Committee, which shall submit its conclusions to the Committee of Ministers on the proposal. 3. the Committee of Ministers examined the proposal and the Committee of the Criminal problems (CDPC) and its conclusions, submitted after consultation with the Member States to the Convention that are not members of the Council of Europe, may adopt the amendment. 4. any amendment to the text, adopted by the Committee of Ministers in accordance with the third subparagraph, are sent to the parties for their approval. 5. Any amendment adopted in accordance with the third paragraph of this article shall enter into force on the thirtieth day after all parties have informed the Secretary General of their acceptance of the said amendment. Article 40 – settlement of disputes 1. Council of Europe European Committee on Penal issues is advised on the interpretation and application of this Convention. 2. If the parties have any dispute on the interpretation or application of this Convention, they shall seek to resolve the dispute through negotiation or any other peaceful means of the parties ' discretion, including by submitting the dispute to the European Committee on Penal issues in arbitration decisions will be binding on the parties, or to the International Court of Justice, depending on the agreement of the parties. Article 41 — denunciation 1 any party may at any time denounce this Convention by notification addressed to the Secretary General of the Council of Europe. 2. The denunciation shall take effect on the first day of the month following the period of three months from the date on which the Secretary-General has received the following statement. Article 42 — communication by the Secretary General of the Council of Europe shall notify the Member States of the Council and all States which have acceded to this Convention of: (a)) any State signatory to this Convention; (b)) any instrument of ratification, acceptance, approval or accession deposited by submission; (c) any date) this Convention shall enter into force in accordance with article 32 and 33; (d) any reservation), made in accordance with article 36 or article 37; e) everyone with this Convention activity, communication or information. Above, the Convention has been signed by authorised persons. Signed in Strasbourg, on 27 January 1999, in the English and French languages, both texts being equally authentic, in a single copy that is stored in the archives of the Council of Europe. The Secretary General of the Council of Europe sends out certified copies of this Convention to all Member States of the Council of Europe, countries which are not Member States, but which have participated in the elaboration of this Convention as well as all States invited to accede to this Convention.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 these countries are the following: Belarus, Bosnia and Herzegovina, Canada, Georgia, Japan, Mexico, the Vatican and the United States.