REPOBLIKAN'I MADAGASIKARA Tanindrazana-Fahafahana
Fandrosoana-Law No. 2004-017 authorizing the ratification of the UN Convention against Corruption by
Madagascar.

EXPLANATORY STATEMENT Corruption is an insidious evil with multiple effects, weakens democratic institutions and the rule of law, distorts competition and undermines economic performance. It promotes transnational organized crime, including terrorism, money laundering and trafficking in weapons and drugs. It is a major obstacle to development and poverty alleviation. It knows no borders, and its effects are even more devastating in developing countries. Given its complexity, the fight against corruption requires concerted action by the international community.
The UN Convention against Corruption was adopted by the General Assembly of the United Nations at its 58th session on 31 October 2003. Opened for signature from 9 December 2003, it was signed by the Madagascar 10 December 2003 in Merida, Mexico.
The Convention provides a new instrument to combat corruption worldwide and a framework for action and effective international cooperation in this field.
The purpose of the Convention defined in Article One, is to strengthen national measures to prevent and combat corruption more effectively, facilitate and support international cooperation and technical assistance, and promote respect the rule of law and fundamental values ​​including honesty, sense of responsibility and transparency, good business management and public property.
It requires States Parties to the implementation of preventive measures, the establishment of an effective legal assistance system. She encourages the active participation of civil society and the private sector in the fight against corruption because the actions of the State can not succeed without the support of a well informed population and economic actors.
It marks a turning point in this field in that it creates with respect to States Parties an obligation to return the fruits of corruption despoiled country and provides for the strengthening of international cooperation in the field of extradition of suspects and the recovery by the freezing of bank accounts and confiscation of property.
As a result, the ratification of the UN Convention against Corruption provides better cooperation in human capacity building, technical and institutional and allows the Malagasy government to fight effectively against this scourge. It is an important step towards the creation of a better world and offers the opportunity for Madagascar to express not only solidarity with the international community, but also to support actions by the United Nations as part of the implementation implementation of the millennium development program.
This is the purpose of this Act.
REPOBLIKAN'I MADAGASIKARA Tanindrazana-Fahafahana
Fandrosoana-Law No. 2004-017 authorizing the ratification of the UN Convention against Corruption by
Madagascar.
The National Assembly and the Senate have adopted in their respective session dated 23 June 2004 and 06 July 2004, the Act which reads as follows:
Article: Is authorized the ratification of the Convention United Nations against corruption by Madagascar.
Article 2: This Law shall be published in the Official Journal of the Republic. It shall be enforced as State law.
Antananarivo, July 6, 2004
,
THE PRESIDENT OF THE NATIONAL ASSEMBLY ft
Ramampy LECHAT Marie ZénaÞ
THE PRESIDENT OF THE SENATE

Rajemison Rakotomaharo United Nations Convention against corruption Preamble

The States Parties to this Convention,
Concerned about the seriousness of the problems of corruption and the threat it poses to the stability and security of societies, undermining democratic institutions and values, ethical values and justice and jeopardizing sustainable development and the rule of law,
Concerned also about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money laundering,

Concerned further cases of corruption that involve vast quantities of assets, which may constitute a substantial part of 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 affects all societies and economies, making international cooperation essential to prevent and control it,
Convinced also that a comprehensive and multidisciplinary approach is required to prevent and combat corruption effectively,
Further convinced that technical assistance can play an important role in enhancing the State capacity to, including the building capacity and institutions to 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 more effectively international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery,
Acknowledging the fundamental principles of respect for the safeguards provided by law in criminal proceedings and in civil or administrative proceedings to adjudicate property rights,
Bearing in mind the responsibility of all States to prevent and eradicate corruption and that they must cooperate them with the support and participation of individuals and groups outside the public sector, such as civil society, nongovernmental organizations and communities of people, for their efforts in this area are effective,
Bearing in mind the principles of proper management of public affairs and public property, fairness, responsibility and equality before the law and the need to safeguard integrity and to foster a culture of rejection of corruption ,
Welcoming the work of the Commission on crime prevention and criminal justice and the United Nations Office against drugs and crime in preventing and combating corruption,
Recalling the work in this area by other international and regional organizations, including the Customs cooperation Council activities (also called the World Customs Organization), the Council of Europe, the League of Arab States, the Organization for cooperation and economic development, the Organization of American States, the African Union and the European Union,
Taking note with appreciation of multilateral instruments to prevent and combat corruption, including, among others, the Inter-American Convention against corruption, adopted by the Organization of American States on 29 March 1996,1 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 European Union 26 May 1997,2 the Convention on the fight against corruption of foreign public officials in international business transactions, adopted by the Organization for economic cooperation and development on 21 November 1997,3 the criminal Law Convention on corruption adopted by the Council of Europe Committee of Ministers of 27 January 1999,4 the civil Law Convention on corruption adopted by the Committee of Ministers of the Council of Europe on 4 November 1999,5 and the Convention on the prevention and combating against corruption, adopted by the heads of State and Government of the African Union on 12 July 2003
Welcoming the entry into force on 29 September 2003, the United Nations Convention against Transnational transnational organisée6,
Have agreed as follows: Chapter
. General Purpose

Article This Convention is:
a) To promote and strengthen measures to prevent and combat corruption more effectively;
b) To promote, facilitate and support international cooperation and technical assistance for the prevention of corruption and struggle against it, including asset recovery;

1 See E / 1996/99. 2 Official Journal of the European Communities, C 195, 25 June 1997. 3 See Corruption and Integrity Improvement Initiatives in Developing Countries
(United Nations publication, Sales No. E.98.III.B.18). 4 Council of Europe, European Treaty Series, No. 173. 5 Ibid., No. 174. 6 resolution 55/25, annex I.
c) To promote integrity, accountability and proper management of public affairs and public property.

Article 2 Terminology For the purposes of this Convention:
a) The term "public official": i) any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of seniority; ii) any other person exercising a public function, including for a public agency or public enterprise, or provides a public service, as those terms are defined in the domestic law of the State Party and as applied in the pertinent area the law of that State; iii) any other person defined as a "public official" in the domestic law of a State Party. However, the purpose of some specific measures contained in chapter II of this Convention, one can hear "public official" means any person exercising a public function or provides a public service as such terms are defined in the domestic law of the State Party and as applied in the pertinent area of ​​law of that State;
b) The term "foreign official" means any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public agency or public enterprise;
c) The term "official of a public international organization" an international civil servant or any person authorized by such an organization to act on its behalf;
d) The term "goods" all types of assets, tangible or intangible, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to such assets or rights thereto;
e) The term "proceeds of crime" any property directly or indirectly from the commission of an offense or obtained directly or indirectly by the principal;
f) "Freezing" or "seizure" shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property by order of a court or other competent authority;
g) The term "confiscation" the permanent deprivation of property by order of a court or other competent authority;
h) The term "predicate offense" any offense as a result of which is generated that may become the subject of an offense as defined in Article 23 of this Convention;
i) The term "controlled delivery" technique of allowing the exit of the territory, the passage through the country or entering the territory of one or more States,
illicit or suspect consignments being, the knowledge and under the control of the competent authorities of those States, to investigate a crime and identify persons involved in the commission.
Article 3 Scope
1. This Convention applies in accordance with its terms, to the prevention, investigation and prosecution of corruption and to the freezing, seizure, confiscation and return of proceeds of offenses established in accordance with this Convention.
2. For the purposes of this Convention, it is not necessary unless it otherwise, that the offenses referred to therein causing injury or harm to the state.
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 internal affairs of other States.

2. Nothing in this Convention entitles a State Party to undertake in the territory of another State jurisdiction and performance of functions which are exclusively reserved to the authorities of that other State by its domestic law.
Chapter II. Preventive measures
Article 5 Policies and prevention of corrupt practices
1. Each State Party shall develop and shall, in accordance with fundamental principles of its legal system, for the effective prevention of corruption and coordinated policies that promote the participation of society and reflect the principles of rule of law, good management public affairs and public property, integrity, transparency and accountability.
2. Each State Party shall endeavor to establish and promote effective practices aimed at preventing corruption.
3. Each State Party shall endeavor to periodically evaluate relevant legal instruments and administrative measures in order to determine if they are adequate to prevent and combat corruption.
4. States Parties shall, as appropriate and in accordance with fundamental principles of its legal system, each other and with relevant international and regional organizations in promoting and developing the measures referred to in this article. As part of this collaboration may include participation in international programs and projects to prevent corruption.
Article 6 Body or preventing corruption bodies
1. Each State Party shall ensure, in accordance with fundamental principles of its legal system, there exist one or more organs, as appropriate, that prevent corruption by such means as:
a) Implementing the policies referred to in Article 5 of this Convention and, if necessary, supervision and coordination of the policy;
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 necessary independence, in accordance with fundamental principles of its legal system, to enable them to effectively perform their duties free from any influence undue. Material resources and the necessary specialized personnel, as well as the training that such staff may require to carry out their functions, should be provided.
3. Each State Party shall inform the Secretary General of the United Nations name and address of the authority or authorities that may assist other States Parties in developing and implementing specific preventive measures of corruption. Article 7 Public sector

1. Each State Party shall endeavor, where appropriate and in accordance with fundamental principles of its legal system, to adopt, maintain and strengthen systems for the recruitment, hiring, retention, promotion and retirement of civil servants and, where appropriate, other non-elected public officials:
a) are based on principles of efficiency, transparency and objective criteria such as merit, equity and aptitude;
b) include adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption and, if necessary, to ensure rotation of these positions;
c) promote adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party;
d) Encourage the provision of educational and training programs that enable them to perform their functions correctly, honorable and proper and that provide them with appropriate specialized training to enhance their awareness of the risks inherent corruption the exercise of their functions. Such programs may make reference to the applicable codes and standards.
2. Each State Party shall also consider adopting appropriate legislative and administrative measures, consistent with
objectives of this Convention and in accordance with fundamental principles of its domestic law, to prescribe criteria concerning candidature for and the election to public office.

3. Each State Party shall also consider adopting appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with fundamental principles of its domestic law, to increase the transparency of funding of candidatures for elected public office and, where appropriate, of political party funding.
4. Each State Party shall, in accordance with fundamental principles of its domestic law, adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interest.
Article 8 Codes of conduct for public officials
1. In order to fight against corruption, each State Party shall encourage especially integrity, honesty and responsibility among its public officials, in accordance with fundamental principles of its legal system.
2. In particular, each State Party shall endeavor to apply, within its own institutional and legal systems, codes or standards of conduct for the correct, honorable and proper performance of public functions.
3. For the purposes of applying the provisions of this Article, each State Party shall, where appropriate and consistent with fundamental principles of its legal system, relevant regional organizations, initiatives, interregional and multilateral, such as the International Code of conduct for public officials annexed to resolution 51/59, the General Assembly, dated 12 December 1996.
4. Each State Party shall also consider, in accordance with fundamental principles of its domestic law, to establish measures and natural systems to facilitate the reporting by public officials to competent authorities acts of corruption of which they have knowledge in the performance of their duties.
5. Each State Party shall, where appropriate and in accordance with fundamental principles of its domestic law, to establish measures and systems which obliges public officials to report to competent authorities including outside activities, while employment, investments, assets and substantial gifts or benefits that may constitute a conflict of interest with their functions as public officials.
6. Each State Party shall consider taking, in accordance with fundamental principles of its domestic law, disciplinary or other measures against public officials who violate the codes or standards established under this article.
Article 9 Public procurement and public financial management
1. Each State Party shall, in accordance with fundamental principles of its legal system, the necessary steps to establish appropriate systems of procurement that are based on transparency, competition and objective criteria in decision-making and that are effective, inter alia, to prevent corruption. Such systems, the application of which threshold values ​​can be taken into account, inter alia:
a) The public distribution of information on procurement procedures and contracts, including information on tenders and relevant information on the award of contracts, sufficient time allowing potential bidders to prepare and submit their tenders;
b) in advance of the conditions for participation, including selection criteria and award the rules for tendering, and their publication;
c) The use of objective and predetermined criteria for making decisions concerning the award of public contracts, in order to facilitate the subsequent verification of the correct application of the rules or procedures;
d) An effective system of internal remedies, including an effective appeals system, which guarantees the exercise of remedies in case of non-compliance with the rules or procedures established pursuant to this paragraph;
e) If necessary, measures to regulate matters regarding personnel responsible for procurement, such as the requirement of a declaration of interest in particular public procurement procedures for selection of personnel and training requirements.

2. Each State Party shall, in accordance with fundamental principles of its legal system, take appropriate measures to promote transparency and accountability in the management of public finances. These measures include:
a) Procedures for the adoption of the national budget;
b) timely reporting of expenditures and revenues;
c) A system of accounting and auditing standards, and control in the second degree;
d) Effective risk management systems and internal controls; and
e) If necessary, corrective measures in case of breach of the requirements of this paragraph.
3. Each State Party shall, in accordance with fundamental principles of its domestic law, civil and administrative measures necessary to preserve the integrity of accounting books, records, financial statements or other documents related
public expenditure and revenue and to prevent falsification.
Article 10 Public Information
Given the need to fight against corruption, each State Party shall, in accordance with fundamental principles of its domestic law the necessary measures to increase the transparency of its public administration, including with regard to its organization, functioning and decision-making process necessary. These measures may include:
a) Adopting procedures or regulations allowing users to obtain, if appropriate, information on the organization, functioning and decision-making processes in public administration and, with due regard protection of privacy and personal data, on decisions and legal acts that concern them;
b) Simplifying, if any, administrative procedures to facilitate access to the competent decision of authorities; and
c) Publishing information, which may include periodic reports on the risks of corruption in public administration.
Article 11 Measures for judges and prosecution services
1. Given the independence of the judiciary and its crucial role in the fight against corruption, each State Party shall, in accordance with fundamental principles of its legal system, measures to strengthen integrity and to prevent opportunities for corruption among without prejudice to their independence. These measures may include rules about their behavior.
2. Measures to the same effect as those taken pursuant to paragraph 1 of this article may be introduced and applied within the prosecution service in those States Parties where these form a separate body but enjoy similar independence the judges. Article 12 Private sector

1. Each State Party shall, in accordance with fundamental principles of its domestic law, measures to prevent corruption involving the private sector, enhance the standards of accounting and auditing in the private sector and, where appropriate, provide civil penalties, administrative or criminal effective, proportionate and dissuasive penalties for non-compliance with these measures.
2. Measures to achieve these objectives may include:
a) Promoting cooperation between detection and 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 business and all relevant professions operate to correct, honorable and adequate to prevent conflicts of interest and to encourage the implementation of good commercial practices among businesses and in the contractual relations with the State;
c) Promoting transparency among private entities, including, if necessary, through measures regarding the identity of natural and legal persons involved in the establishment and management of companies;
d) Preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licenses granted by public authorities for commercial activities;

e) Preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period, of restrictions on the exercise of professional activities of former public officials or employed by the private sector public employees after their resignation or retirement, where such activities or employment relate directly to the functions that those public officials held or supervised during their tenure;
f) Ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing to assist in preventing and detecting acts of corruption and submission of required accounts and financial statements of such private enterprises appropriate procedures to audit and certification.
3. In order to prevent corruption, each State Party shall take the necessary measures, in accordance with its domestic laws and regulations regarding the maintenance of books, records, the publication of information on the financial statements and standards of accounting and auditing to prohibit the following acts carried out for the purpose of committing any of the offenses established in accordance with this Convention:
a) The establishment of off-books;
b) Operations outside books or inadequately identified;
c) The recording of non-existent expenditure;
d) The entry of liabilities with which the subject is not properly identified;
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 expenses that constitute bribes, the payment of which is one of the elements of the offenses established in accordance with Articles 15 and 16 of this Convention and, if necessary, other expenses incurred in furtherance of corrupt conduct.
Article 13 Participation of society
1. Each State Party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, NGOs and communities of people, prevention of corruption and the fight against this phenomenon and for better public awareness of the existence, causes and gravity of corruption and the threat it represents. This participation should be strengthened by such measures include:
a) Enhancing the transparency of decision making and promote public participation in these processes;
b) Ensure effective public access to information;
c) Undertaking public information activities that contribute to non-tolerance of corruption, as well as public education programs, particularly in schools and universities;
d) Respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. That freedom may be subject to certain restrictions, but these shall only be prescribed by law and are necessary: ​​
i) For respect of the rights or reputations of others;
ii) For the protection of national security or of public order, or the health or morals.
2. Each State Party shall take appropriate measures to ensure that the relevant anti-corruption bodies referred to in this Convention are known to the public and makes them accessible, where appropriate, so that all facts may be considered to constitute an offense established in accordance with this Convention to be their reporting, including anonymously.
Article 14 Measures to prevent money laundering
1. Each State Party:

a) Institute a comprehensive domestic regime of regulation and supervision of banks and nonbank financial institutions, including natural or legal persons that provide formal or informal services for transmission of money or value and, if necessary , other bodies particularly susceptible to money-laundering, within its jurisdiction to deter and detect all forms of money laundering. This diet focuses on the requirements of customer identification and, where appropriate, beneficial owner identification, record-keeping and reporting of suspicious transactions;
B) Shall, without prejudice to Article 46 of this Convention, ensure that administrative, regulatory, law enforcement and other authorities dedicated to fight against money laundering (including, where its domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions defined by its domestic law and, to this end, envisages the creation of a financial intelligence unit to serve as a national center for the collection, analysis and dissemination of information regarding potential money laundering.
2. States Parties shall consider implementing feasible measures to detect and monitor the movement of cash and appropriate negotiable instruments, subject to safeguards to ensure proper use of information and without impeding in any way the movement of legitimate capital. Such measures may include a requirement that individuals and businesses report the cross-border transfer of substantial quantities of cash and appropriate negotiable instruments.
3. States Parties shall consider implementing appropriate and feasible measures to require financial institutions, including money remitters:
a) To include on forms and in messages for the electronic transfer of funds accurate and useful information on the originator;
b) To maintain such information throughout the payment chain; and
c) To apply enhanced scrutiny to transfers of funds unaccompanied complete information on the payer.
4. In establishing a domestic regime of regulation and control under this article, and without prejudice to any other article of this Convention, States Parties are invited to be inspired by relevant initiatives of regional organizations interregional and multilateral organizations against money laundering.
5. States Parties shall endeavor to develop and promote global, regional, subregional and bilateral cooperation among judicial, law enforcement services and financial regulatory authorities in the fight against laundering 'money.
Chapter III. Criminalization and law enforcement Article
15 Bribery of national public officials
Each State Party shall adopt such legislative and other measures to establish as criminal offenses, when the acts were committed intentionally:
a) The promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for himself
or another person or entity, for him or s' refrain from acting in the exercise of official duties;
b) the way a public official to solicit or accept, directly or indirectly, of an undue advantage, for himself or for another person or entity to perform or abstain from doing an act in the performance of his official duties.
Article 16 Bribery of foreign public officials and officials of public international organizations


1. Each State Party shall adopt such legislative and other measures necessary to establish as criminal offenses, when the acts were committed intentionally, the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for himself or for another person or entity, so that he or refrain from doing an act in the exercise of his official duties, in order to obtain or retain business or other improper advantage in connection with international trade activities.
2. Each State Party shall consider adopting such legislative and other measures necessary to establish as criminal offenses, when the acts were committed intentionally, the fact that a foreign public official or an official of a public international organization, solicit or accept, directly or indirectly, of an undue advantage, for himself or for another person or entity to perform or abstain from performing an act in the exercise of his official duties.
Article 17 Embezzlement, misappropriation or other
unlawful use of property by a public official
Each State Party shall adopt such legislative and other measures to establish as criminal offenses, when the acts were committed intentionally, the embezzlement, misappropriation or other unauthorized use, by a public official for himself or benefit of another person or entity, all assets, funds or public or private securities or any other thing of value that were given to him in his duties.
Article 18 Trading in influence
Each State Party shall consider adopting such legislative and other measures necessary to establish as criminal offenses, when the acts were committed intentionally:
a) The promise, offering or giving to a public official or any other person, directly or indirectly, of an undue advantage to the said agent or the person abuse his real or supposed influence to obtain
an administration or public authority of the State Party an undue advantage for the original instigator of the act or for any other person;
b) In fact, a public official or other person to solicit or accept, directly or indirectly, of an undue advantage for himself or herself or for another person to abuse his real influence or supposed to be obtaining from an administration or public authority of the State Party an undue advantage.
Article 19 Abuse of functions
Each State Party shall consider adopting such legislative and other measures necessary to establish as criminal offenses, when the act was committed intentionally to a public official abusing his office or position, ie, is to say, to do or abstain from doing, in the exercise of his functions, act in violation of laws to obtain an undue advantage for himself or for another person or entity. Article 20 Illicit enrichment

Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures necessary to establish as criminal offenses, when the act was committed intentionally, illicit enrichment that is to say a substantial increase in the assets of a public official that he can not reasonably explain in relation to his lawful income.
Article 21 Bribery in the private sector
Each State Party shall consider adopting such legislative and other measures to establish as criminal offenses, when the acts were committed intentionally in the course of economic, financial or commercial activities:
a) The promise, offering or giving, directly or indirectly, of an undue advantage to any person who directs a private sector entity or work for such an entity in any capacity whatsoever for itself or for another person, so that, in breach of their duties, it should perform or refrain from doing an act;

b) In fact, for anyone who runs a private sector entity or work for such an entity in any capacity whatsoever, solicit or accept, directly or indirectly, of an undue advantage, for himself or for another person to do or abstain from doing an act in breach of their duties.
Article 22 Embezzlement of property in the private sector
Each State Party shall consider adopting such legislative and other measures to establish as criminal offenses, when the act was committed intentionally in the framework of economic, financial or commercial activities, embezzlement by a person who directs a private sector entity or work for such an entity in any capacity whatsoever, of any property, of private funds or securities or any other thing of value that were given to him in his duties.
Article 23 Laundering of crime
1. Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures necessary to establish as criminal offenses, when the acts were committed intentionally:
a) i) The conversion or transfer of property, it knowing that they are the proceeds of crime for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the predicate offense to evade the legal consequences of his actions;
ii) The concealment or disguise of the true nature, origin, location, disposition, movement or ownership of property or rights with respect to the author knows that they are the proceeds of crime;
b) Subject to the basic concepts of its legal system:
i) The acquisition, possession or use of property, which acquires, holds or uses them knows, when he given that they are the proceeds of crime;
ii) participation in the offenses established in accordance with this section or any association, agreement, attempt or complicity by providing assistance, help or advice for its commission.
2. For the purposes of paragraph 1 of this Article:
a) Each State Party shall seek to apply paragraph 1 of this Article to the widest range of predicate offenses;
b) Each State Party shall include as predicate offenses at a minimum a comprehensive range of criminal offenses established in accordance with this Convention;
c) For the purposes of paragraph b) above, predicate offenses include offenses committed both within and outside the territory under the jurisdiction of the State Party. However, offenses committed outside the territory under the jurisdiction of a State Party shall constitute a predicate offense when the act corresponding
is a criminal offense in the domestic law of the State where it was committed and constitute a criminal offense in the domestic law of the State Party applying this article had it been committed in its territory;
d) Each State Party shall furnish to the Secretary General of the United Nations copies of its laws that give effect to this article and of any subsequent changes to such laws or a description of these laws and subsequent amendments;
e) When the fundamental principles of domestic law of a State Party so require, it may be provided that the offenses set out in paragraph 1 of this Article shall not apply to persons who committed the predicate offense. Article 24 Concealment

Without prejudice to Article 23 of this Convention, each State Party shall consider adopting such legislative and other measures necessary to establish as criminal offenses, when the acts were committed intentionally after the commission of a any of the offenses established in accordance with this Convention without having participated in such offenses, the concealment or continued retention of property, knowing that such property is of any of the offenses established in accordance with this Convention.
Article 25 Obstruction of justice

Each State Party shall adopt such legislative and other measures to establish as criminal offenses, when the acts were committed intentionally:
a) The use of physical force, threats or intimidation or the promise, offering or giving of an undue advantage to induce false testimony or to interfere testimony or the evidence in proceedings relating to the commission of offenses established in accordance with this Convention;
b) The use of physical force, threats or intimidation to impede an officer of justice or agent detection and law enforcement to perform the duties of office in connection with the commission of offenses established in accordance with this Convention. Nothing in this paragraph shall affect the right of States Parties to have legislation that protects other categories of public officials.
Article 26 Corporate liability
1. Each State Party shall adopt the necessary measures, consistent with its legal principles, to establish the liability of legal persons involved in offenses established in accordance with this Convention.
2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.
3. Such liability shall be without prejudice to the criminal liability of individuals having committed the offenses.
4. Each State Party shall, in particular, that legal persons held liable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal, including monetary sanctions.
Article 27 Participation and attempt
1. Each State Party shall adopt such legislative and other measures to establish as criminal offenses under its domestic law, taking part in any capacity whatsoever, such as an accomplice, assistant or instigator in an offense established in accordance with this Convention.
2. Each State Party may adopt such legislative and other measures to establish as criminal offenses under its domestic law, any attempt to commit an offense established in accordance with this Convention.
3. Each State Party may adopt such legislative and other measures to establish as criminal offenses under its domestic law, the preparation for an offense established in accordance with this Convention.
Article 28 Knowledge, intent and motivation
as elements of an offense
Knowledge, intent or purpose required as an element of an offense established in accordance with this Convention may be inferred from objective factual circumstances. Article 29 Prescription

Where applicable, each State Party shall, under its domestic law a long statute of limitations in which proceedings may be brought in right of any of the offenses established in accordance with this Convention and set a deadline more long or suspends the limitation period where the alleged offender has evaded justice.
Article 30 Prosecution, adjudication and sanctions
1. Each State Party shall make the commission of an offense established in accordance with this Convention liable to sanctions that take into account the gravity of that offense.
2. Each State Party shall take the necessary measures to establish or maintain, in accordance with its legal system and constitutional principles, an appropriate balance between any immunities or jurisdictional privileges accorded to its public officials in the exercise of their functions, and the possibility if necessary, to seek, prosecuting and adjudicating offenses established in accordance with this Convention.

3. Each State Party shall endeavor to ensure that any judicial discretion conferred by its domestic law relating to judicial proceedings against persons for offenses established in accordance with this Convention to be exercised to maximize the effectiveness of detection and repression of these offenses, with due regard to the need to deter regarding their commission.
4. With regard to offenses established in accordance with this Convention, each State Party shall take appropriate measures in accordance with its domestic law and with due regard for the rights of defense, to ensure that the conditions imposed decisions release pending the trial or appeal take into account the need to ensure the presence of the defendant at subsequent criminal proceedings.
5. Each State Party shall take into account the gravity of the offenses concerned when considering the eventuality of early release or parole of persons convicted of such offenses.
6. Each State Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures, if any, to the competent authority to revoke, suspend or transfer a public official accused of an offense established in accordance with this Convention, keeping in mind the principle of the presumption of innocence.
7. When the gravity of the offense warrants, each State Party shall, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures for the disqualification, by court or by any other appropriate means, for a period determined by its domestic law, persons convicted of offenses established in accordance with this Convention from:
a) Holding public office; and
b) Holding office in an enterprise in which the State is fully or partially owns.
8. Paragraph 1 of this Article shall be without prejudice to the exercise of disciplinary powers by the competent authorities against civil servants.
9. Nothing in this Convention shall affect the principle that the definition of offenses established in accordance with it and applicable legal defenses or other legal principles governing the lawfulness of conduct is reserved to the domestic law of
a State Party and that such offenses are prosecuted and punished according to the law.
10. States Parties shall endeavor to promote the reintegration into society of persons convicted of offenses established in accordance with this Convention.
Article 31 Freezing, seizure and confiscation
1. Each State Party shall, to the extent possible within its domestic legal system, the measures necessary to enable confiscation of:
a) Proceeds of crime derived from offenses established in accordance with this Convention or property the value of which corresponds to such proceeds;
b) Property, equipment or other instrumentalities used or intended for use in offenses established in accordance with this Convention.
2. Each State Party shall take the necessary measures to enable the identification, tracing, freezing or seizure of all that is mentioned in paragraph 1 of this Article the purpose of eventual confiscation.
3. Each State Party shall, in accordance with its domestic law, such legislative and other measures necessary to regulate the administration by the competent authorities of frozen, seized or confiscated property covered in paragraphs 1 and 2 of this Article.
4. If such proceeds of crime have been transformed or converted, in part or in full, into other property, they are subject to measures referred to in this article instead of the proceeds.
5. If such proceeds of crime have been intermingled with property acquired from legitimate sources, such property, without prejudice to any power to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled there.

6. Income or other benefits derived from such proceeds of crime, from property into which the proceeds have been transformed or converted or from property with which it has been intermingled shall also be subject to the measures referred to in this article, in the same way and to the same extent as proceeds of crime.
7. For the purposes of this Article and Article 55 of this Convention, each State Party shall empower its courts or other competent authorities to order the production or seizure of bank, financial or commercial. A State Party may not invoke bank secrecy to refuse to give effect to the provisions of this paragraph.
8. States Parties may consider requiring that an offender demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation, to the extent that such a requirement is consistent with fundamental principles of their domestic law and the nature of judicial and other proceedings.
9. The interpretation of the provisions of this Article shall in no way prejudice the rights of bona fide third parties.
10. Nothing in this article shall affect the principle that the measures referred to therein are defined and implemented in accordance with the domestic law of each State Party and subject to them.
Article 32 Protection of witnesses, experts and victims
1. Each State Party shall in accordance with its domestic legal system and within its means, appropriate measures to ensure effective protection against potential retaliation or intimidation for witnesses and experts who give testimony concerning offenses established in accordance with this Convention and, if necessary, their parents and other persons close to them.
2. The measures envisaged in paragraph 1 of this article may include, without prejudice to the rights of the defendant, including the right to due process:
a) To prepare for the physical protection of such persons, including proceedings as necessary and wherever possible, to provide relocating them and permitting, where appropriate, that information about their identity and place where they are not disclosed or that disclosure is limited;
b) Providing evidentiary rules to permit witnesses and experts to give testimony in a manner that ensures the safety, especially as permitting testimony by the use of communications technology such as video links or other adequate means .
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 provisions of this Article shall also apply to victims as they are witnesses.
5. Each State Party, subject to its domestic law, shall ensure that the views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders in a manner that bears not prejudice the rights of the defense.
Article 33 Protection of persons who provide information
Each State Party shall consider incorporating into its domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who reports to the competent authorities, in good faith and based on reasonable suspicion, all facts concerning offenses established in accordance to this Convention.
Article 34 Consequences of acts of corruption
With due regard to rights of third parties acquired in good faith, each State Party shall, in accordance with fundamental
principles of its domestic law, measures to address the consequences of corruption. In this context, States Parties may consider corruption a relevant factor in legal proceedings to annul or rescind a contract, withdraw a concession or other similar instrument or take any other action corrective.
Article 35 Damages
Each State Party shall take the necessary measures, in accordance with principles of its domestic law, to ensure that entities or persons who have suffered harm due to an act of corruption the right to initiate legal action against those responsible that damage in order to obtain compensation.
Article 36 Specialized authorities

Each State Party shall ensure, in accordance with fundamental principles of its legal system, there exist a body or bodies or persons specialized in the fight against corruption by detecting and repression. Such body or bodies or persons shall be granted the necessary independence, in accordance with fundamental principles of the legal system of the State Party, in order to exercise their functions effectively and free from any undue influence. Such persons or staff of such body or bodies should have the appropriate training and resources to exercise their tasks.
Article 37 Cooperation with the detection and law enforcement
1. Each State Party shall take appropriate measures to encourage persons who participate or have participated in the commission of an offense established in accordance with this Convention to provide the competent authorities of information for purposes of investigation and search for evidence and a specific help that may contribute to depriving offenders of the proceeds of crime and to recovering such proceeds.
2. Each State Party shall consider providing for the possibility, in appropriate cases, to lighten the punishment of an accused person who provides substantial cooperation in the investigation or prosecution of an offense established in accordance with this Convention.
3. Each State Party shall consider providing for the possibility, in accordance 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 offense established in accordance 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 another
State Party, the States Parties concerned may consider entering into agreements or arrangements in accordance with their domestic law, concerning the potential provision by the other State Party of the treatment described in paragraphs 2 and 3 of this Article.
Article 38 Cooperation between national authorities
Each State Party shall take the necessary measures to encourage, in accordance with its domestic law, cooperation between, on the one hand, its public authorities, as well as its public officials and, on the other hand, its authorities responsible for investigation and prosecution of criminal offenses. Such cooperation may include:
a) Informing the latter, on their own, the latter where there are reasonable grounds to believe that the offenses established in accordance with Articles 15, 21 and 23 of this Convention has been committed; or
b) In the first to provide, upon request, to the latter all the necessary information.
Article 39 Cooperation between national authorities and private sector
1. Each State Party shall take the necessary measures to encourage, in accordance with its domestic law, cooperation between national authorities responsible for investigating and prosecuting and private sector entities, especially financial institutions, on matters concerning the commission offenses established in accordance 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 authorities responsible for investigating and prosecuting the commission of an offense established in accordance with this Convention. Article 40 Bank secrecy

Each State Party shall, in case of domestic criminal investigations of offenses established in accordance with this Convention, that there has in its domestic legal system appropriate mechanisms to overcome obstacles that may result from the application of laws bank secrecy.
Article 41 Criminal record

Each State Party may adopt such legislative or other measures to take into account the conditions and the purposes it deems appropriate, of any conviction which the alleged offender had previously been in another state, to use this information as part of criminal proceedings for an offense established in accordance with this Convention. Article 42 Jurisdiction

1. Each State Party shall adopt the necessary measures to establish its jurisdiction over the offenses established in accordance with this Convention in the following cases:
a) The offense is committed in its territory; or
b) The offense is committed on board a ship flying its flag or on board an aircraft registered under its laws at the time the offense is committed.
2. Subject to article 4 of this Convention, a State Party may also establish its jurisdiction of any such offense when:
a) When the offense is committed against one of its nationals; or
b) The offense is committed by one of its nationals or a stateless person habitually resident in its territory; or
c) The offense is one of those established in accordance with paragraph b) ii) of paragraph 1 of Article 23 of this Convention and is committed outside its territory for the commission, within its territory , an offense established in accordance with paragraphs a) i) and ii) or b) i) of paragraph 1 of Article 23 of this Convention; or
d) The offense is committed against.
3. For the purposes of Article 44 of this Convention, each State Party shall take the necessary measures to establish its jurisdiction over the offenses established in accordance with this Convention when the alleged offender is present on its territory and that it does not extradite that person simply because it is one of its nationals.
4. Each State Party may also take the necessary measures to establish its jurisdiction over the offenses established in accordance with this Convention when the alleged offender is in its territory and it does not extradite him.
5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned so that other States Parties are conducting an investigation or, prosecution or judicial proceeding concerning the same conduct, the competent authorities of those States Parties shall consult, as appropriate, to coordinate their actions.
6. Without prejudice to norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.
Chapter IV. International cooperation Article 43 International cooperation

1. States Parties shall cooperate in criminal matters in accordance 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 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, that the law of the requested State Party qualifies or denominate the offense in the same way that the requesting State Party, if the conduct underlying the offense for which assistance is sought is a criminal offense under the laws of both States Parties.

Article 44 Extradition 1. This section applies to offenses established in accordance with this Convention where the person subject to the request for extradition is located in the territory of the requested State Party, provided that the offense for which extradition is sought is punishable under the domestic law of the requesting State Party and the requested State Party.

2. Notwithstanding the provisions of paragraph 1 of this Article, a State Party whose law so permits may grant the extradition of a person for any of the offenses covered by this Convention that are not punishable under its law.
3. If the request for extradition includes several separate offenses, at least one of which is extraditable under this article and some of which are not extraditable because of the length of imprisonment but are related offenses established in accordance with this Convention, the requested State Party may apply this article also to such offenses.
4. Each of the offenses to which this section applies is automatically included in any extradition treaty existing between States Parties as an offense whose author can be extradited. States Parties undertake to include such offenses as the author can be extradited in any extradition treaty concluded between them. A State Party whose law so permits, in case it uses this Convention for extradition, shall not consider any of the offenses established in accordance with this Convention as a political offense.
5. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the basis legal extradition for the offenses to which this article applies.
6. A State Party that makes extradition conditional on the existence of a treaty:
a) When depositing its instrument of ratification, acceptance, approval or accession to this Convention, inform the Secretary General of the United Nations whether it will take this Convention as the legal basis for cooperation on extradition with other States Parties; and
b) If he does not take this Convention as the legal basis for cooperation on extradition, seek, where necessary, to conclude extradition treaties with other States Parties in order to apply this Article.
7. States Parties that do not make extradition conditional on the existence of a treaty shall recognize them for offenses to which this section applies the offenses of which the author can be extradited.
8. Extradition shall be subject to the conditions provided by the law of the requested State Party or by applicable extradition treaties, including, in particular, conditions relating to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.
9. States Parties shall, subject to their domestic law, to expedite extradition procedures and to simplify the requirements for evidence relating thereto regarding the offenses to which this section applies.
10. Subject to the provisions of its internal law and has extradition treaties it concluded, the requested State Party may, at the request of the requesting State Party and if it considers that circumstances warrant and that it is urgent, detain a person in its territory whose extradition is requested or taken against other appropriate measures to ensure his presence at extradition proceedings.
11. A State Party in whose territory the alleged offender, if it does not extradite such person in respect of an offense to which this section applies simply because it is one of its nationals, shall, at the request of the State Party seeking extradition, submit the case without undue delay to its competent authorities for prosecution. Those authorities shall take their decision and conduct their proceedings in the same way as for any other serious offense under the domestic law of that State Party. The States Parties concerned shall cooperate, particularly in terms of procedure and evidence, to ensure the effective prosecution.

12. When a State Party under its domestic law, is allowed to extradite or submit any other way one of its nationals if that person is then returned to its territory to serve the sentence in outcome of the trial or proceedings at the origin of the request for extradition or surrender, and when that State Party and the requesting State Party agreed on this option and other terms they may deem appropriate this conditional extradition or surrender shall be sufficient to the performance of the obligation in paragraph 11 of this Article.
13. If extradition, sought for purposes of enforcing a sentence, is refused because the person subject of this application is a national of the requested State Party, the latter, if its domestic law so permits in accordance with the requirements of this law and at the request of the requesting State Party, consider the enforcement of himself the sentence imposed under the domestic law of the requesting State Party or the remainder thereof.
14. Any person subject to prosecution for any of the offenses to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all rights and all the guarantees provided by the domestic law of the State Party in whose territory it is located.
15. Nothing in this Convention shall be construed as requiring the requested State Party to extradite if there is serious reason to believe that the request was made for the purpose of prosecuting or punishing a person because of sex, race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person for any one of these reasons.
16. States Parties may not refuse a request for extradition on the sole ground that the offense is also considered to involve fiscal matters.
17. Before refusing extradition, the requested State Party shall, if necessary, the requesting State Party to provide it with ample opportunity to present its opinions and to provide information in support of its allegations .
18. States Parties shall endeavor to conclude bilateral and multilateral agreements or arrangements to enable extradition or to increase efficiency.
Article 45 Transfer of sentenced persons
States Parties may consider entering into agreements or bilateral or multilateral arrangements relating to the transfer on their territory of persons sentenced to imprisonment or other deprivation of liberty due to offenses established in accordance with this Convention for that they can serve the remainder of their sentence.

Article 46 Mutual assistance 1. States Parties shall provide mutual assistance widest in investigations, prosecutions and judicial proceedings concerning offenses covered by this Convention.
2. The widest possible mutual assistance is granted, provided that the laws, treaties, agreements and arrangements of the requested State Party, in investigations, prosecutions and judicial proceedings relating to offenses for which a legal person may be held liable in the requesting State Party in accordance with Article 26 of this Convention. 3
. Mutual legal assistance to be granted under this article may be requested to:
a) Taking evidence or statements;
b) service of judicial documents;
c) Executing searches and seizures, and freezing;
d) Examining objects and sites;
e) Providing information, evidentiary items and expert evaluations;
f) Providing originals or certified copies of relevant documents and records, including government, bank, financial or commercial documents and society;
g) Identifying or tracing proceeds of crime, property, instrumentalities or other things to gather evidence;
h) Facilitating the voluntary appearance of persons in the requesting State Party;
i) Any other type of assistance that the law of the requested State Party;

j) Identifying, freezing and tracing proceeds of crime in accordance with Chapter V of this Convention;
k) The recovery of assets, in accordance with Chapter V of the present Convention.
4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, provide information relating to criminal matters to a competent authority of another State Party where they believe that such information could help celle- it to undertake or carry out investigations and criminal proceedings or could that State Party to submit a request under this Convention.
5. The transmission of information pursuant to paragraph 4 of this Article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information shall comply with a request that said information remain confidential, even temporarily, or that their use is subject to restrictions. However, this does not prevent the receiving State Party from disclosing during the judicial proceedings information to the discharge of an accused. In the latter case, the State Party that receives information shall notify the State Party that communicates before the revelation, and if it is so requested, consult with. If, in an exceptional case, advance notice is not possible, the State Party that receives information promptly inform the revelation the State Party that communicates.
6. The provisions of this Article shall not affect the obligations under any other bilateral or multilateral treaty
governs or will govern, in whole or in part, mutual legal assistance.
7. Paragraphs 9 to 29 of this Article shall apply to requests made pursuant 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 corresponding provisions of that treaty shall apply unless the States Parties agree to apply in their place paragraphs 9 to 29 of this Article. States Parties are strongly encouraged to apply these paragraphs if they facilitate cooperation.
8. States Parties shall not invoke bank secrecy to refuse assistance under this section.
9. a) Where, under this section responds to a request for assistance in the absence of dual criminality, a requested State Party considers the subject of this Convention as set out in Article ;
b) States Parties may use the lack of dual criminality for refusing to provide assistance under this article. However, a requested State Party shall, where consistent with the basic concepts of its legal system, render assistance requested if it does not involve coercive action. This assistance may be refused if the request is minor matters or matters for which the cooperation or assistance requested can be obtained on the basis of other provisions of this Convention;
c) Each State Party may consider taking the necessary measures to enable it to provide more assistance under this article, in the absence of dual criminality.
10. A detained or serving a sentence in the territory of a State Party whose presence is required in another State Party for the purpose of identification or testimony or that it provides otherwise assistance to obtaining evidence in any investigation, prosecution or proceedings relating to offenses covered by this Convention may be transferred if the following conditions are met:
a) The person freely consents and knowingly;
b) The competent authorities of both States are Parties agree, subject to such conditions as those States Parties may deem appropriate.
11. For the purposes of paragraph 10 of this article:
a) The State Party to which the person is transferred shall have the authority and obligation to keep in custody, unless otherwise requested or authorized by the State Party from which the person was transferred;

b) The State Party to which the person is transferred shall without delay of the obligation to return to state custody Party from which she was transferred, under
what has been agreed in advance or otherwise decided by the competent authorities of both States Parties;
c) The State Party to which the person is transferred shall not require the State Party from which it was transferred to initiate extradition proceedings for it to be delivered to him;
d) It is considered the time the person has spent in custody in the State Party to which she was transferred for the purpose of calculation of the sentence being served in the State from which he or she was transferred.
12. Unless the State Party from which a person is to be transferred in accordance with paragraphs 10 and 11 of this article so agrees, that person, whatever his nationality, is not prosecuted, detained, punished or subject to other restrictions of personal liberty in the territory of the State Party to which it is transferred in respect of acts, omissions or convictions prior to his departure from the territory of the State Party from which she was transferred.
13. Each State Party shall designate a central authority that has 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 execution. If a State Party has a special region or territory with a separate system of mutual assistance, it may designate a distinct central authority that shall have the same function for that region or territory. Central authorities shall ensure the execution or the rapid and proper form of applications received. If the central authority transmits the request to a competent authority for execution, it encourages the rapid implementation and proper form of the application by the competent authority. The central authority designated for this purpose is the subject of a notification to the Secretary General of the United Nations at the time each State Party deposits its instrument of ratification, acceptance or approval or accession to this Convention. Requests for legal assistance and any communication relating thereto is transmitted to the central authorities designated by the States Parties. This provision is without prejudice to the right of any State Party to require that such requests and communications be addressed through diplomatic channels and, in urgent cases, if agreed by the States Parties, 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 acceptable to the requested State Party, under conditions allowing that State Party to establish authenticity. The language or languages ​​acceptable to each State Party shall be notified to the Secretary General of the United Nations at the time the State Party deposits its instrument of ratification, acceptance or approval or accession to this Convention. In case of emergency and if 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 the following information:
a) The identity of the authority making the request;
b) The purpose and nature of the investigation, prosecution or proceeding to which the request relates, and the name and functions of the authority in charge;
c) A summary of the relevant facts, except in relation to 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 appears necessary to execute the request in accordance with its domestic law or when it can facilitate such execution.

17. A request is executed under the domestic law of the requested State Party and, to the extent not contrary to the law of the requested State Party and where possible, in accordance with the procedures specified in the request.
18. Where possible and consistent with fundamental principles of domestic law, if a person who is on the territory of a State Party to be heard as a witness or expert by judicial authorities of another State Party, the first State Party may, at the request of the other, permit the hearing by video conference if it is not possible or desirable 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 a judicial authority of the requested State Party will attend.
19. The State Party shall not transmit or use information or evidence furnished by the requested State Party for investigations, prosecutions or proceedings other than those stated in the request without the prior consent of the State part required. Nothing in this paragraph shall prevent the requesting State Party from disclosing in its proceedings information or evidence that is exculpatory. In this case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if it is so requested, consult with. If, in an exceptional case, advance notice is not possible, the requesting State Party shall promptly inform the requested State Party of revelation.
20. The requesting State Party may require that the requested State Party keep confidential the request and its content except to the extent necessary to execute it. If the requested State Party can not comply with this requirement, it shall promptly inform the requesting State Party.
21. Mutual legal assistance may be refused:
a) If the request is not made in accordance with this section;
B) If the requested State Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests;
c) If the domestic law of the requested State Party shall prohibit its authorities to take the required measures if it was a similar offense subject to investigation, prosecution or judicial proceedings under their own jurisdiction;
d) If it would be contrary to the legal system of the State Party relating to mutual legal assistance for the request.
22. States Parties may not refuse a request for assistance on the sole ground that the offense is also considered to involve fiscal matters.
23. Any refusal of mutual legal assistance shall be provided.
24. The State Party shall execute the request for judicial assistance as soon as possible and take into account wherever possible of any deadlines suggested by the requesting State Party and who are motivated, preferably in the request. The requesting State Party may make reasonable requests for information on the status of actions taken by the requested State Party to grant his request. The requested State Party shall respond to reasonable requests by the requesting State Party on progress in the execution of the request. When the requested assistance is no longer necessary, the requesting State Party shall promptly inform the requested State Party.
25. Mutual legal assistance may be postponed by the State Party on the ground that it interferes with an ongoing investigation, prosecution or judicial proceeding.
26. Before refusing a request under paragraph 21 of this article or postponing its execution pursuant to paragraph 25, the requested State Party studying with the requesting State Party an opportunity to provide mutual assistance in the conditions it deems necessary. If the requesting State Party accepts assistance subject to these conditions, it conforms to the latter.

27. Without prejudice to paragraph 12 of this article, a witness, expert or other person who, at the request of the requesting State Party, consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to other restrictions of personal liberty in that territory in respect of acts, omissions or convictions prior to his departure from the territory of the State Party. This shall cease when the witness, expert or other person having had, for a period of 15 consecutive days or for any period agreed by States Parties as of the date they were officially informed that their presence was longer required by the judicial authorities an opportunity to leave the territory of the requesting State Party, has nevertheless remained voluntarily or, having left it, has returned voluntarily.
28. The ordinary costs of executing a request shall be borne by the requested State Party, unless otherwise agreed between the States Parties concerned. When significant or extraordinary expenses are or are subsequently found necessary to execute the request, the States Parties shall consult to determine the conditions under which the request will be executed and how the costs will be covered.
29. The requested State Party:
a) provide to the requesting State Party copies of government records, documents or information in its possession that under its domestic law, the public;
b) May, at its discretion, provide to the requesting State Party in whole, in part or on conditions it considers appropriate, copies of all records, documents or information in its possession that under its domestic law, the public has no access.
30. States Parties shall consider, where appropriate, the possibility of concluding agreements or bilateral or multilateral arrangements that would serve the objectives of this article, give practical effect to or enhance the provisions.
Article 47 Transfer of criminal proceedings
States Parties shall consider the possibility of transferring to one another proceedings for the prosecution of an offense established in accordance with this Convention in cases where such transfer is considered necessary in the interest of the proper administration of justice and, especially when several jurisdictions are involved, with a view to concentrating the prosecution.
Article 48 Cooperation between the detection and law enforcement
1. States Parties shall cooperate closely in accordance with their respective legal and administrative systems, to enhance the effectiveness of detection and punishment of offenses covered by this Convention. In particular, States Parties shall take effective measures to:
a) Strengthening the channels of communication between their competent authorities, agencies and services and, if necessary, establish in order to facilitate the secure and rapid exchange of information concerning all aspects of the offenses covered by this Convention, including, the States Parties concerned deem it appropriate, links with other criminal activities;
b) To cooperate with other States Parties, with respect to offenses covered by this Convention, in conducting inquiries regarding the following:
i) Identity and activities of persons suspected of involvement in such offenses where they are or where other persons concerned;
ii) The movement of crime or property derived from the commission of such offenses;
Iii) The movement of property, equipment or other instrumentalities used or intended for use in the commission of these offenses;
c) To provide, when appropriate, necessary items or quantities of substances required for analysis or investigation;
d) To exchange, where appropriate, with other States Parties on specific means and methods used to commit offenses covered by this Convention, including the use of false identities, forged documents, modified or falsified or other means of concealing activities;

e) To facilitate effective coordination between their authorities, agencies and services and promote the exchange of personnel and other experts, including, subject to the existence of bilateral agreements or arrangements between the States Parties concerned, the posting of liaison officers;
f) To exchange information and coordinate administrative and other measures, as appropriate, for early identification of the offenses covered by this Convention.
2. To give effect to this Convention, States Parties shall consider entering into agreements or bilateral or multilateral arrangements on direct cooperation between their detection and law enforcement and, where such agreements or arrangements already exist, the edit. In the absence of such agreements or arrangements between the States Parties concerned, the latter may be based on this Convention to establish cooperation on law enforcement concerning offenses covered by this Convention. Whenever appropriate, States Parties shall make full use of agreements or arrangements, including international or regional organizations, to enhance cooperation between their law enforcement agencies.
3. States Parties shall endeavor to cooperate within their means to fight against the offenses covered by this Convention committed through the use of modern techniques. Article 49 Joint investigations

States Parties shall consider entering into agreements or bilateral or multilateral arrangements under which, for the matters that are the subject of investigations, prosecutions or judicial proceedings in one or more States, the competent authorities concerned may establish bodies joint investigation. In the absence of such agreements or arrangements, joint investigations may be undertaken on a case by case basis. The States Parties involved shall ensure that the sovereignty of the State Party in whose territory the investigation is to take place is fully respected.
Article 50 Special investigative techniques
1. In order to combat corruption effectively, each State Party, to the extent that the fundamental principles of its domestic legal system
permitted and under the conditions prescribed by its domestic law, shall, within the limits of its resources, the measures to ensure that its competent authorities can use appropriately, within its territory, controlled delivery and, where it deems appropriate, other special investigative techniques such as electronic surveillance or other forms surveillance and undercover operations, and that the evidence collected by these techniques are admissibility in court.
2. For the purpose of investigating the offenses covered by this Convention, States Parties are encouraged to conclude, if necessary, agreements or appropriate bilateral or multilateral arrangements for using such special investigative techniques in the context of international cooperation . These agreements or arrangements are concluded and implemented in full respect of the principle of sovereign equality of States and shall be implemented in strict compliance with their provisions.
3. In the absence of agreements or arrangements referred to in paragraph 2 of this article, decisions to use such special investigative techniques at the international level are made case by case basis and may, if necessary, take into account 'agreements and financial arrangements for the exercise of jurisdiction by the States Parties concerned.
4. controlled delivery is decided to use the international level may, with the consent of the States Parties concerned, include methods such as the interception of goods or funds and permission to continue their route, without alteration or be removed or replaced in whole or part of the goods or funds.
Chapter V. Asset recovery Article 51 General provision

1. The return of assets pursuant to this chapter is a fundamental principle of this Convention, and States Parties shall afford cooperation and the further assistance in this regard.
Article 52 Prevention and detection of transfers of proceeds of crime

1. Without prejudice to Article 14 of this Convention, each State Party shall in accordance with its domestic law, the necessary measures for financial institutions within its jurisdiction are required to verify the identity of customers and take reasonable steps to determine the identity of beneficial owners of funds deposited into high, and to submit to enhanced monitoring accounts that people who exercise, or have held, important public functions and their family members and their entourage seek to open or hold directly or seeking to make open or hold an intermediary. This monitoring is reasonably designed to detect suspicious transactions to
reporting to competent authorities and should not be interpreted as a way to discourage financial institutions - or prohibit - to maintain business relationships with any legitimate customer.
2. To facilitate the implementation of the measures in paragraph 1 of this Article, each State Party in accordance with its domestic law and inspired by relevant initiatives of regional, interregional and multilateral organizations against laundering money:
a) Issue advisories regarding the types of natural or legal person to whose accounts financial institutions within its jurisdiction will apply enhanced scrutiny, the types of accounts and transactions to which to pay particular attention, as well as measures concerning the opening of such accounts, their behavior and the recording of transactions; and
b) Where appropriate, notify financial institutions within its jurisdiction, at the request of another State Party or on its own initiative, the identity of the natural or legal persons they should monitor more strictly the accounts, in addition to those whom the financial institutions may otherwise identify.
3. In the context of paragraph a) of paragraph 2 of this Article, each State Party shall implement measures to ensure that its financial institutions maintain adequate records, over an appropriate period, of accounts and transactions involving the persons mentioned in paragraph 1 of this section which states should, as a minimum, information about the customer's identity and, to the extent possible, of the beneficial owner.
4. With the aim of preventing and detecting transfers of proceeds of offenses established in accordance with this Convention, each State Party shall implement appropriate and effective measures to prevent, with the help of its regulatory and oversight bodies, the establishment of banks that have no physical presence and that are not affiliated with a regulated financial group. In addition, States Parties may consider requiring their financial institutions to refuse to establish or continue correspondent banking relationships with such institutions and to keep building relationships with foreign financial institutions for 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 accordance with its domestic law, to appropriate public officials, effective systems of disclosure of financial information and provide for appropriate sanctions for non-compliance. Each State Party shall also consider taking the necessary measures to enable its competent authorities to share that information with the competent authorities of other States Parties when they need to investigate the offenses established in accordance with this Convention , claim it and recover.
6. Each State Party shall consider taking, in accordance with its domestic law, the necessary measures for its appropriate public officials having an interest or a delegation of signature or other authority over a financial account in a foreign country are required to report it to authorities competent and maintain appropriate records related to such accounts. It also provides for appropriate sanctions for non-compliance with this obligation.
Article 53 Measures for direct recovery of property
Each State Party in accordance with its domestic law:

a) Take the necessary measures to permit another State Party to initiate its courts civil action for recognition of the existence of a right of ownership on property acquired through an offense established in accordance with the this Convention;
b) Take the necessary measures to permit its courts to order offenders established in accordance with this Convention to pay compensation or damages to another State Party that has been harmed by such offenses; and
c) Take the necessary measures to permit its courts or competent authorities, when having to decide on confiscation, to recognize the legitimate right of ownership claimed by another State Party on property acquired through an offense established in accordance to this Convention.
Article 54 Mechanisms for recovery of property
through international cooperation in confiscation
1. To ensure mutual assistance provided for in Article 55 of this Convention concerning the property acquired through an offense established in accordance with this Convention or used for such an offense, each State Party in accordance with its domestic law:
a) Take the necessary measures to enable its competent authorities to give effect to a confiscation order of a court of another State Party;
b) Take the necessary measures to permit its competent authorities, where they have jurisdiction in the case, to order the confiscation of such property of foreign origin by adjudication of an offense of money laundering or other offense within its jurisdiction or by other procedures authorized under its domestic law; and
c) Consider taking the necessary measures to allow confiscation of such property without a criminal sentence if the offender can not be prosecuted by reason of death, flight or absence or in other appropriate.
2. In order to provide mutual legal assistance that is requested pursuant to paragraph 2 of his Article 55, each State Party in accordance with its domestic law:
a) Take the necessary measures to permit its competent authorities freeze or seize property by order of a court or competent authority of a requesting State Party ordering the freezing or seizure, which gives the State Party has reasonable cause to believe that there sufficient reason to take such measures and the goods later will be a forfeiture order for the purposes of subparagraph a) of paragraph 1 of this Article;
b) Take the necessary measures to enable its competent authorities to freeze or seize property on the basis of a request giving the State Party has reasonable cause to believe there is sufficient reason to take such measures and that property later will be a forfeiture order for the purposes of subparagraph a) of paragraph 1 of this Article; and
c) Consider taking additional measures to permit its competent authorities to preserve property for confiscation, such as on the basis of an arrest or criminal charge abroad in connection with their acquisition.
Article 55 International cooperation for purposes of confiscation
1. To the extent possible within its domestic legal system, a State Party that has received from another State Party having jurisdiction over an offense established in accordance with this Convention for confiscation of proceeds of crime , property, equipment or other instrumentalities referred to in paragraph 1 of Article 31 of this Convention, which are located in its territory:
a) Submit the request to its competent authorities in order to issue a confiscation order and, if it occurs, to execute it; or

b) Submit to its competent authorities so that it is executed within the application, the order of confiscation issued by a court in the territory of the requesting State Party in accordance with paragraph 1 of Article 31 and paragraph a) of paragraph 1 of Article 54 of this Convention insofar as it relates to proceeds of crime, property, equipment or other instrumentalities referred to in paragraph 1 of Article 31 which are situated in its territory.
2. Following a request made by another State Party having jurisdiction over an offense established in accordance with this Convention, the requested State Party shall take measures to identify, trace and freeze or seize proceeds of crime, property, equipment or other instrumentalities referred to in paragraph 1 of Article 31 of this Convention, with a view to subsequent confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the requested State Party.
3. The provisions of Article 46 of this Convention shall apply mutatis mutandis to this Article. In addition to the information in paragraph 15 of article 46, requests made pursuant to this article shall contain:
a) If the request falls under subparagraph a) of paragraph 1 of this article, a description of the property to confiscated, including, to the extent possible, the place where they are and, as appropriate, their estimated value and a statement of the facts on which the requesting State Party is founded that is sufficient to allow the requested State Party to seek a confiscation order on the basis of its domestic law;
b) If the request falls under subparagraph b) of paragraph 1 of this article, a legally admissible copy of an order of confiscation issued by the requesting State Party upon which the request is based, a statement of the facts and information as limits within which it is required to enforce the decision, a statement specifying the measures taken by the requesting State Party to provide adequate notification of the bona fide third parties and to ensure due process and a statement that the confiscation order is final;
c) If the request falls under 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 legally admissible copy of the decision on which the application is based.
4. The decisions or actions provided for in paragraphs 1 and 2 of this article are taken by the requested State Party in accordance with its domestic law and subject to the provisions of the law and its procedural rules or any bilateral agreement or arrangement or multilateral, binding it to the requesting State Party.
5. Each State Party shall furnish to the Secretary General of the United Nations copies of its laws and regulations that give effect to this section and a copy of any subsequent changes to such laws and regulations or a description of these laws , regulations and subsequent modifications.
6. If a State Party elects to make the taking of the measures referred to in paragraphs 1 and 2 of this Article to the existence of a relevant treaty, it will take this Convention the necessary and sufficient treaty basis.
7. Cooperation under this article may also be refused or provisional measures can be lifted if the requested State Party does not receive sufficient and timely evidence or if the property is of minimal value.
8. Before lifting any provisional measure taken pursuant to this article, the requested State Party shall, wherever possible, to the State Party an opportunity to present his arguments in favor of maintaining the measure.
9. The provisions of this section 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 take measures enabling him, without prejudice to its own investigations, prosecutions or judicial proceedings, to communicate, without prior request, to another State Party information on the product of offenses established in accordance with this Convention when it considers that the disclosure of such information might assist the receiving State Party in initiating or carrying out investigations, prosecutions or judicial proceedings or might lead to the submission by the State Party of a request under this chapter of the Convention.
Article 57 Return and disposal of assets
1. A State Party Property confiscated pursuant to section 31 or 55 of this Convention provides, including by return to its prior legitimate owners, pursuant to paragraph 3 of this Article and in accordance with the this Convention and its domestic law.
2. Each State Party shall, in accordance with fundamental principles of its domestic law, such legislative and other measures necessary to permit its competent authorities to return confiscated property, when acting on the request of another State Party in accordance with this Convention, and taking into account the rights of bona fide third parties.
3. In accordance with Articles 46 and 55 of this Convention and paragraphs 1 and 2 of this article, the requested State Party:
a) In the case of embezzlement of public funds or laundering embezzled public funds, referred to in Articles 17 and 23 of this Convention, when the confiscation was executed in accordance with Article 55 and on the basis of a final judgment in the requesting State Party, a requirement that can be waived, return the confiscated property to the requesting State Party;
b) In the case of proceeds of any other offense covered by this Convention, when the confiscation was executed in accordance with Article 55 of this Convention and on the basis of a final judgment in the requesting State Party, a requirement in that can be waived, return the confiscated property to the requesting State Party, when it provides reasonably establishes its prior ownership of such confiscated property to the requested State Party or when it recognizes damage to the State party as a basis for returning the confiscated property;
c) In all other cases, give priority consideration to returning confiscated property to the requesting State Party to return to its prior legitimate owners or compensating the victims of the offense.
4. If applicable, and unless States Parties decide otherwise, the requested State Party may deduct reasonable expenses incurred in investigations, prosecutions or judicial proceedings leading to the return or disposition of confiscated property under this article.
5. If appropriate, States Parties may also give special consideration to conclude a case by case agreements or mutually acceptable arrangements for the final disposal of confiscated property.
Article 58 Financial intelligence unit
States Parties shall cooperate in order to prevent and combat the transfer of proceeds of offenses established in accordance with this Convention and to promote the means of recovering such proceeds and, to this end, shall consider establishing a financial intelligence unit who will be responsible for receiving, analyzing and disseminating to the competent authorities reports of suspicious financial transactions.
Article 59 Bilateral and multilateral arrangements
States Parties shall consider entering into agreements or bilateral or multilateral arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this chapter of the Convention.
Chapter VI.
technical assistance and information exchange Article 60 Training and technical assistance
1. Each State Party shall establish, develop or improve the extent of the needs, specific training programs for its personnel responsible for preventing and combating corruption. These programs could deal in particular with the following:

a) effective prevention measures, detection, investigation, punishment and control directed against corruption, including the use of the methods of evidence gathering and investigation;
b) Capacity development and planning strategies against corruption;
c) Training competent authorities in the preparation of requests for mutual legal assistance that meet the requirements of this Convention;
d) Evaluation and strengthening of institutions, public service management and public finances (including public procurement), and the private sector;
e) Prevention of transfers of proceeds of offenses established in accordance with this Convention, the fight against these transfers and recovering such proceeds;
f) Detecting and freezing of the transfer of proceeds of offenses established in accordance with this Convention;
g) Surveillance of the movement of proceeds of offenses established in accordance with this Convention, as well as
transfer methods, concealment or disguise of such proceeds;
h) Mechanisms and legal and appropriate and effective administrative methods for facilitating the return of proceeds of offenses established in accordance with this Convention;
i) Methods used in protecting victims and witnesses who cooperate with judicial authorities; and
j) Training in national and international regulations and in languages.
2. States Parties shall consider, in their national plans and programs of fight against corruption, to agree, within their capabilities, the most extensive technical assistance, especially to developing countries, including material support and training in the areas mentioned in paragraph 1 of this article, and training and assistance and the mutual exchange of relevant experience and expertise, which will facilitate international cooperation between States Parties in areas of extradition and mutual legal assistance.
3. States Parties shall strengthen, to the extent necessary, measures to maximize operational and training activities within international and regional organizations and under agreements or relevant bilateral and multilateral arrangements.
4. States Parties shall consider assisting one another, upon request, in conducting evaluations, studies and research on the types, causes, effects and costs of corruption in their territory to develop, with the participation of competent authorities and society, strategies and action plans to combat corruption.
5. In order to facilitate the recovery of proceeds of offenses established in accordance with this Convention, States Parties may cooperate in providing the names of experts who could assist in achieving this objective.
6. States Parties shall consider to take advantage of conferences and sub-regional seminars, regional and international to promote cooperation and technical assistance and to stimulate discussions on common problems, including the problems and needs of developing countries and transition economies.
7. States Parties shall consider establishing mechanisms to voluntary to contribute financially, through technical assistance programs and projects, the efforts of developing countries and transition economies to implement this Convention.
8. Each State Party shall consider making voluntary contributions to the United Nations Office against Drugs and Crime to encourage, through the latter, programs and projects in developing countries to implement the this Convention.
Article 61 Collection, exchange and analysis of information on corruption

1. Each State Party shall consider analyzing, in consultation with experts, trends in corruption in its territory and the circumstances in which corruption offenses are committed.

2. States Parties shall consider developing and sharing, with each other and through international and regional organizations, their statistical and analytical expertise concerning corruption and information to develop, insofar possible, common definitions, standards and methodologies, and information about the best practices to prevent and fight corruption.
3. Each State Party shall consider monitoring its policies and concrete measures against corruption and to assess their implementation and effectiveness.
Article 62 Other measures: implementation of the Convention by
economic development and technical assistance
1. States Parties shall take measures to ensure the optimal implementation of this Convention to the extent possible, through international cooperation, taking into account the negative effects of corruption on society in general and on sustainable development in particular .
2. States Parties shall make concrete efforts to the extent possible and in coordination with each other and with regional and international organizations:
a) To enhance their cooperation at various levels with developing countries, to strengthen the ability of the latter to prevent and combat corruption;
b) To enhance financial and material assistance to developing countries to support their efforts to prevent and fight corruption effectively and to help them implement this Convention successfully;
c) To provide technical assistance to developing countries and transition economies to assist them in meeting their needs for the implementation of this Convention. To do this, States Parties shall endeavor to voluntarily make adequate and regular contributions to an account specifically for this purpose as part of a United Nations funding mechanism. States Parties may also give special consideration, in accordance with their domestic law and the provisions of this Convention, to contributing to that account a percentage of the money or of the corresponding value of proceeds of crime or property confiscated in accordance with the provisions of this Convention;
d) To encourage and persuade other States and financial institutions as appropriate to join them in efforts under this article, in particular by providing developing countries with more
training programs and modern equipment to help them achieve the objectives of this Convention.
3. Whenever possible, these measures shall be without prejudice to existing commitments to external or other financial cooperation arrangements help the bilateral, regional or international.
4. States Parties may conclude agreements or bilateral or multilateral arrangements on material and logistical assistance, taking into consideration the financial arrangements necessary to ensure the effectiveness of international cooperation means provided by this Convention and to prevent, detect and combating corruption.
Chapter VII.
Enforcement mechanisms Article 63 Conference of States Parties to the Convention
1. A Conference of States Parties to the Convention is established to improve the capacity of States Parties to achieve the objectives of this Convention and strengthen their cooperation for this purpose and to promote and review the implementation of this Convention.
2. The Secretary-General of the United Nations shall convene the Conference of States Parties at the latest one year after the entry into force of this Convention. Subsequently, the Conference of States Parties will hold regular meetings under the rules of procedure adopted.
3. The Conference of States Parties shall adopt rules of procedure and rules governing the functioning of the activities set forth in this Article, including rules concerning the admission and participation of observers and the payment of expenses incurred in respect of these activities .
4. The Conference of the States Parties shall agree upon activities, procedures and working methods in order to achieve the objectives set out in paragraph 1 of this article, including:

a) Facilitating activities by States Parties under Articles 60 and 62 and chapters II to V of this Convention, including by encouraging the mobilization 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 return of proceeds of crime, including through the publication of relevant information referred to in this Article;
c) Cooperating with relevant international and regional organizations and arrangements, and relevant 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 the States Parties;
f) Making recommendations to improve this Convention and its implementation;
g) It notes the technical assistance requirements of States Parties regarding the application of this Convention and recommending any action it may deem necessary in that respect.
5. For the purposes of paragraph 4 of this Article, the Conference of States Parties asked about the measures taken and the problems encountered by States Parties to implement the Convention by using the information that they provide it and through additional review mechanisms as may be established.
6. Each State Party shall provide the Conference of States Parties, as it requires, for information on its programs, plans and practices as well as legislative and administrative measures to implement this Convention. The Conference of States Parties shall examine the most effective way to receive information and react to it, including, inter alia, States Parties and relevant international organizations. Inputs received from relevant non-governmental organizations duly accredited in accordance with procedures to be adopted by the Conference of States Parties may also be considered.
7. Pursuant to paragraphs 4 to 6 of this article, the Conference of States Parties shall, if it deems it necessary, any 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 necessary secretariat services to the Conference of States Parties to the Convention.
2. The secretariat:
a) Assist the Conference of States Parties to carry out the activities set out in Article 63 of this Convention and make arrangements and provide the necessary services for the sessions of the Conference of States Parties;
b) assist States Parties, upon request, to provide information to the Conference of States Parties as provided for in paragraphs 5 and 6 of Article 63 of this Convention; and
c) Ensure the necessary coordination with the secretariats of relevant international and regional organizations.
Chapter VIII.
Final Provisions Article 65 Implementation of the Convention
1. Each State Party shall take the necessary measures, including legislative and administrative, in accordance with fundamental principles of its domestic law, to ensure the performance of its obligations under this Convention.
2. Each State Party may adopt more strict or severe measures than those provided for by this Convention for preventing and combating corruption.
Article 66 Dispute settlement
1. States Parties shall endeavor to settle disputes concerning the interpretation or application of this Convention through negotiation.
2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which can not be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, subject to 'arbitration. If, within six months from the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any of them may refer the dispute to the international Court of Justice by request in accordance with the Statute of the Court.

3. Each State Party may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto 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 to any State Party having made such a reservation.
4. Any State Party that has made a reservation under paragraph 3 of this Article may be withdrawn at any time by notification to the Secretary General of the United Nations.
Article 67 Signature, ratification, acceptance, approval and accession
1. This Convention shall be open for signature by all States from 9 to 11 December 2003 in Mérida (Mexico) and, thereafter, at the Headquarters of the United Nations in New York until 9 December 2005
2. This Convention is open for signature by regional economic integration organizations provided that at least one member State of such organization has signed pursuant to paragraph 1 of this Article.
3. This Convention is subject to ratification, acceptance or approval. The instruments 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. In that instrument of
ratification, acceptance or approval, such organization shall declare the extent of its competence in matters covered by this Convention. It shall also inform the depositary of any relevant modification in the extent 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. The instruments of accession are deposited with the Secretary General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence in matters covered by this Convention. It 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 ninetieth day following the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For purposes of this paragraph, any instrument deposited by a regional economic integration organization is considered a tool in addition 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, the Convention shall enter into force thirty days after the filing date of the instrument relevant by such State or organization or the date it comes into force in accordance with paragraph 1 of this Article, whichever is later. Article 69 Amendment

1. At the expiration of five years from the entry into force of this Convention, a State Party may propose an amendment and transmit it to the Secretary General of the United Nations. Who shall thereupon communicate the proposed amendment to the States Parties and the Conference of States Parties to the Convention for the consideration of the proposal and the adoption of a decision. The Conference of States Parties shall make every effort to achieve consensus on each amendment. If all efforts in this direction have been exhausted and no agreement reached, it will, ultimately, that the amendment be adopted, a majority vote of two thirds of the States Parties present at the Conference of States Parties and voting.
2. Regional economic integration organizations shall exercise, under this article, their right to vote in areas under their jurisdiction, a number of votes equal to the number of their member States Parties to

This Convention. They do not exercise their right to vote if their member States exercise theirs and vice versa.
3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.
4. An amendment adopted in accordance with paragraph 1 shall enter into force for a State Party ninety days after the date of deposit by that State Party to the Secretary General of the United Nations of an instrument of ratification, acceptance or approval of the amendment.
5. An amendment entered into force is binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Convention and any earlier amendments that they have ratified, accepted or approved. Article 70 Denunciation

1. A State Party may denounce this Convention by written notification to the Secretary General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary General.
2. A regional economic integration organization 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 the depositary of this Convention.
2. The original of this Convention, of which the English, Arabic, Chinese, Spanish, French and Russian texts are equally authentic, shall be deposited with the Secretary General of the United Nations.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized by their respective Governments, have signed this Convention.