Law N ° 2004-018 Authorizing The Ratification Of The Convention Of The African Union On The Prevention And The Fight Against Corruption By Madagascar

Original Language Title: Loi n°2004-018 autorisant la ratification de la Convention de l’Union Africaine sur la Prévention et la Lutte contre la Corruption par Madagascar

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REPOBLIKAN'I MADAGASIKARA Tanindrazana-Fahafahana-Fandrosoana - law n ° 2004-018 authorizing the ratification of the Convention of the African Union on the Prevention and the fight against Corruption by Madagascar.
STATEMENT of reasons the African States are aware that corruption is a major obstacle to the process of development and to the alleviation of poverty, and it knows no boundaries. Its effects are particularly devastating in developing countries.
Also, they adopted at the second Summit of the African Union, held in Maputo, Mozambique, on July 12, 2003, the Convention of the African Union on the Prevention and the fight against Corruption that Madagascar has signed on February 27, 2004 at Sirte, Libya. In view of the regional and transnational scourge dimension, the strengthening of international cooperation is essential in the fight against corruption.
The Convention of the African Union on the Prevention and the fight against Corruption is to goal: the promotion and strengthening of the implementation by all States parties of the mechanisms needed to prevent, detect, punish and eradicate corruption and offences assimilated, both in the public and private sector;
the facilitation and regulation of cooperation between States parties to ensure the effectiveness of the measures taken in the prevention, detection and punishment of corruption;
the coordination and harmonization of policies and legislations between States parties in the fight against corruption.
She introduced innovative and pioneering elements of practical strategy in the field of the fight against corruption and its prevention.
It guarantees access to information and the involvement of organizations of civil society and the media in the control as part of its application process.
It provides, in its article 10, the transparency in the financing of political parties, as well as the prohibition of the use to this end of funds acquired illegally or by corruption.
It also requires States parties the adoption of measures to facilitate the repatriation of the proceeds of corruption, as well as the promotion of regional, continental and international cooperation in the prevention of corrupt practices in commercial transactions. It also encourages the establishment of relations of mutual legal assistance in criminal matters between the States parties.
Accordingly, the ratification of the Convention of the African Union on the Prevention and the fight against Corruption is an important step towards the promotion of integrity, responsibility, transparency and good management so much public and private affairs. It allows to Madagascar to express not only its solidarity with the international community but also to support efforts by the African Union with a view to the achievement of its objectives.
This is the purpose of this Act.
REPOBLIKAN'I MADAGASIKARA Tanindrazana-Fahafahana-Fandrosoana - law n ° 2004-018 authorizing the ratification of the Convention of the African Union on the Prevention and the fight against Corruption by Madagascar.
The National Assembly and the Senate have adopted in their respective session dated June 23, 2004 and on July 06, 2004, the law whose content follows: Article 1: is authorized, the ratification of the Convention of the African Union on the Prevention and the fight against Corruption by Madagascar.
Article 2: This law shall be published in the Official Journal of the Republic. It will be run as State law.
Antananarivo, July 06, 2004 _ The PRESIDENT of the National Assembly p.i. LECHAT RAMAMPY Mary Zénaïde. The PRESIDENT of the Senate RAJEMISON RAKOTOMAHARO CONVENTION of the African UNION on the PREVENTION and combating corruption preamble the Member States of the African Union: whereas the Constitutive Act of the African Union, which recognizes that freedom, equality, justice, peace and dignity are essential objectives for the realization of the legitimate aspirations of the African peoples;
Considering also article 3 of the Constitution, which calls on the Member States to coordinate and intensify their cooperation, their unity, their cohesion and their efforts to raise the standard of living of African peoples;
Aware of the fact that the Constitutive Act of the African Union points out, among other things, the need to promote and protect human rights and peoples, to consolidate democratic institutions, to encourage the culture of democracy, promote good governance and ensure respect for the rule of law;
Aware of the need to respect human dignity and to encourage the promotion of economic, social and political rights in accordance with the provisions of the African Charter of human and peoples, and other relevant instruments with regard to human rights;
Bearing in mind the Declaration of 1990 on the fundamental changes occurring in the world and their implications for Africa, the Programme of action of Cairo from 1994 to the relaunch of the socio-economic transformation of Africa, and the Plan of action against impunity e adopted in 1996 by the ten-ninth ordinary session of the African Commission on human rights and peoples , and endorsed subsequently by the sixty - fourth ordinary session of the Council of Ministers held in 1996 in Yaoundé (Cameroon), highlighting, among other things, the need to respect the principles of good governance, of primacy e of law, human rights, d emocratisation and effective participation of the people of Africa in the process of good governance;
Concerned about the effects of n negative of corruption and impunity e on stability in political, economic, social and cultural of the African countries, and its negative impact on the economic and social development of the African peoples;
Recognizing that corruption undermines respect for the accountability and transparency in the management of public affairs, as well as the socio-economic development of the continent.
Aware of the need to tackle the root causes of corruption on the continent;
Convinced of the need to implement, as a priority, a criminal policy to protect society against corruption, including the adoption of appropriate legislative measures and appropriate prevention measures;
Determined to establish partnerships between Governments and all segments of civil society, in particular women, youth, the media and the private sector, in order to combat the scourge of corruption;
Recalling decision AHG/Dec. 126 (XXXIV) adopted by the thirty-fourth regular session of the Conference of Heads of State and Government held in June 1998 in Ouagadougou (Burkina Faso), requesting the Secretary-General of OAU to convene a meeting of high-level experts to reflect on ways and means to eliminate the obstacles to the enjoyment of economic rights in collaboration with the Commission on human rights and peoples, social and cultural rights, including the fight against corruption and impunity, and propose legislative measures and other measures to that effect;
Recalling also the decision of the 37th ordinary session of the Conference of Heads of State and Government of OAU, held in July 2001 in Lusaka (Zambia) as well as the declaration adopted by the first session of the Conference of the African Union held in July 2002 in Durban (South Africa), on the implementation of the new partnership for the development of Africa (NEPAD) that requires the implementation of a mechanism coordinated for effective m against corruption;
AGREED to the following: Article first Definitions 1. For the purposes of this Convention, means: "President of the Commission", the President of the Commission of the African Union;
"Confiscation", any sanction or measure giving rise to a final deprivation of property, earnings or products, ordered by a court following a lawsuit filed for one or more criminal offences of corruption;
'Corruption', the acts or practices, including offences assimil sea, prohibited by this agreement;
"Court of justice", a Court duly established by a national law;
"Executive Council", the Executive Council of the African Union;
"Illicit enrichment", the substantial increase in the assets of a public official or any other person that latter can justify in terms of revenues.
'Private sector', the sector of an economy national under private ownership and in which the allocation of factors of production is controlled by the forces of the market rather than by the public authorities, and any other sector of an economy that is not the Government or the public sector.
'Proceeds of corruption', nonphysiques, and physical goods furniture or immovable, tangible or intangible, and any document or legal instrument proving that there are titles for his goods or property, acquired in these same interests as a result of an act of corruption;

'Public official', any officer or employee of the State or its agencies, including those who have been selected, appointed or elected to undertake activities or functions in the name or in the service of the State, at any level of its hierarchy;
"Requested State party", a State party which is addressed a request for extradition or mutual legal assistance, under the terms of this agreement;
"Requesting State party", a State party submitting a request for extradition or mutual legal assistance, under the terms of this agreement;
"State party", Member of the African Union who see this Convention or acceded are, and having deposited its instruments of ratification or accession to the President of the Commission of the African Union.
2. in this agreement, the singular includes the plural and vice versa.
Article 2 objectives the objectives of this Convention are: 1. to promote and strengthen the implementation in Africa, by each of the States parties, the necessary mechanisms to prevent, detect, punish and eradicate corruption and offences assimilated in the public and private sectors;
2. promote, facilitate and regulate cooperation among the States parties to ensure the effectiveness of measures and actions to prevent, detect, punish and eradicate corruption and offences assimilated in Africa;
3. coordinate and harmonize policies and the egislations between States parties for the purpose of prevention, detection, punishment and eradication of corruption on the continent;
4. promote the socio-economic development through the elimination of obstacles to the enjoyment of economic, social, cultural, civil and political rights;
5. create the necessary conditions to promote transparency and accountability in the management of public affairs.
Article 3 principles States parties to this Convention undertake to comply with the following principles: 1. Respect for the principles and institutions, popular participation, the rule of law and good governance;
2. respect for the rights of man and of peoples, in accordance with the African Charter on human and peoples rights and the other relevant instruments concerning human rights;
3. transparency and accountability in the management of public affairs;
4. promotion of social justice to ensure a balanced development socio-economic d.
5 condemnation and rejection of acts of corruption, of similar violations and impunity.
Article 4 scope of application 1. This Convention shall apply to the acts of corruption and following similar offences: (a) the solicitation or acceptance, directly or indirectly, by a public official or any other person, of everything good that has a monetary value, or other benefit, such as a gift, a favor, a promise or a benefit for him - even or for another person or entity in Exchange the accomplishment or the omission of an act in the exercise of its functions;
(b) offering or giving to a public official or any other person, either directly or indirectly, of any property with monetary value, or other benefit, such as a gift, a favor, a promise or a benefit for himself or for another person or entity, in Exchange for the fulfillment or the omission of an act in the exercise of its functions;
(c) the performance or the failure of a public official or any other person, an act in the exercise of his functions, for the purpose of obtaining illicit benefits for himself or for a third party;
(d) the diversion by a public or other officer any property belonging to the State or its subdivisions it has received as part of his duties, for purposes unrelated to those for which they are intended, to his own advantage, as an institution, or that of a third party;
(e) offer the gift, the promise, the solicitation or acceptance, mani era directly or indirectly, any unjustified advantage granted to a person or by a person in a position of responsibility or any other position in a private sector entity, for his own account or that of another person, in Exchange for the performance or omission of an act , contrary to the requirements of its functions;
(f) the offer, the gift, the solicitation or acceptance, either directly or indirectly, or the promise of an advantage not justified by a person or a person asserting or confirming that it is in a position to improperly influence the decision of a person exercising functions in the public sector or private, in return for this advantage, that it intended to itself or to another person as well as the request, receipt or acceptance of the offer or the promise of such an advantage, in consideration of such an influence, it was yes or not actually exercised or that she had been Yes or not decisive for the result expected;
(g) illicit enrichment;
(h) the use or the concealment of the proceeds of one any acts referred to in this article;
(i) participation as an author, co-author, interm through, instigator, accomplice before or after, in any way whatsoever, to the commission or attempted commission or any manoeuvre or conspiracy to commit any act referred to in this article.
2. the present Convention shall also apply, subject to mutual agreement to that effect between two or several States parties to this agreement, for any act or practice of corruption and no similar offences described in this agreement.
Article 5 legislative measures and other measures for the purposes of the application of the provisions of article 2 of the pr & Convention, States parties commit to: 1. adopt legislative measures and other measures to establish as criminal offences, the acts referred to in paragraph 1 of article 4 of this Convention;
2. strengthen national control measures to ensure that the implementation and the activities of foreign companies on the territory of a State party are subject to respect for national legislation in force;
3. establish, operationalize and strengthen authorities or independent national agencies to fight against corruption;
4. adopt legislative and other measures to put in place, operationalize and strengthen internal systems of accounting, accounts and audit follow-up, particularly with respect to public revenues, customs and tax revenue, expenditures and procedures for rental, purchase and management of goods and services;
5. adopt legislative measures and others to protect informants and witnesses in cases of corruption and related offences, including their identity;
6. adopt measures to ensure that citizens report cases of corruption, without fear of reprisal; possibly
7 adopt national legislative measures to suppress the authors of slanderous denunciations and false testimony against innocent people in the trial of corruption and offences assimilated;
8. establish and strengthen mechanisms to promote the education of the population in respect of public and general interest and awareness in the fight against corruption and offences assimil sea, including school programs and media outreach, and to create an environment conducive to respect for ethics.
Article 6 laundering of the proceeds of corruption States parties adopt legislative and other measures necessary to establish as criminal offences: has) conversion, transfer or transfer of property, knowing that this property is the proceeds of acts of corruption or offences assimilated to hide or disguise the illicit ownership origin or assisting any person involved in the Commission of the offence to evade the legal consequences of his action;
(b) the concealment or disguise of the true nature, source, situation, provision, movement or property or rights on the property that is the proceeds of acts of corruption or related offences;
(c) the acquisition, possession or use of the property by knowing, at the time of its receipt, this property is the result of acts of corruption or related offences.
Article 7 fight against corruption and offences assimilated into public service to fight corruption and offences assimilated into the public service, States parties commit to: 1. require that all public officials or those who are d likelihood by law declare their property when their decision-making functions, as well as during and at the end of their mandate;
2. put together an internal Committee or similar body charged to develop a code of conduct and to ensure the application of this code, and educate and train public officials in respect of ethics within the public service;

3. adopt disciplinary measures and the procedures of inquiry in cases of corruption and similar offences in order to keep pace with technological developments and improve the efficiency of the officials responsible for the investigations;
4. ensure transparency, equity and efficiency in the management of procedures for tendering and recruitment in the public service;
5. subject to the provisions of national law, any immunity to public officials is not an obstacle to the opening of an investigation into allegations and a lawsuit against such agents.
Article 8 1 illicit enrichment. Subject to the provisions of their national laws, States parties undertake to adopt the necessary steps to define the illicit enrichment as an offence under their national laws.
2. for the States parties having defined illicit enrichment as an offence under their national laws, such an offence is considered terminated as an act of corruption and similar offences, for the purposes of the provisions of this Convention.
3. any State party which has no d made illicit enrichment as an offence, brings its laws permitting, necessary to the applicant in that State assistance and cooperation for this offence, as provided for in this Convention.
Article 9 access to information each State party shall adopt legislative measures and other measures to give effect to the right of access to any information that is required to help the fight against corruption and offences assimilated.
Article 10 funding of political parties each State party shall adopt legislative and other measures measures to: (a) prohibit the use of funds acquired through equal ill practices and corruption to fund political parties. and (b) integrate the principle of transparency in the financing of political parties.
Article 11 private sector States parties commit to: 1. adopt legislative measures and other measures for future pr and fight against acts of corruption and related offences committed in the private sector and by agents in this sector;
2. establish mechanisms to encourage the participation of the private sector in the fight against unfair competition, and to ensure the respect of the procedure of the markets and the property rights;
3. adopt any other measures deemed necessary to prevent companies from paying bribes in return for the award of contracts.
Article 12 civil society and media. the States parties undertake to: 1. fully involved in the fight against corruption and offences assimilated as well as in the extension of this Convention with the full participation of the media and civil society in general;
2. create a supportive environment that allows civil society and the media to get Governments to demonstrate the maximum transparency and accountability in the management of public affairs.
3 ensure the participation of civil society in the follow-up process and consult civil society in the implementation of the Convention.
4. ensure that the media have access to information in cases of corruption and offences assimilated subject that the dissemination of this information does not affect negatively the investigation nor the right to a fair trial.
Article 13 jurisdiction 1. Each State party is responsible for acts of corruption and related offences when: (a) the offence is committed in whole or in part within its territory;
(b) the offence is committed by one of its nationals abroad or by a person residing in its territory;
(c) the alleged perpetrator of the offence lies in its territory and is not extrad e to another country.
(d) the offence, although that committed outside his comp etence, affects, from the point of view of the State party, its vital interests, or when the consequences or harmful of these offences and deleterious effects have an impact on this State party.
2. this Convention does not exclude the legal opening of a procedure by a State party under its national laws.
3. Notwithstanding the provisions of paragraphs 1 and 2 of this article, no person shall be prosecuted twice for the same offence.
Article 14 minimum guarantees for a fair subject to national law, a person accused of having committed an act of corruption and similar offences has right to a fair trial, in accordance with the minimum guarantees contained in the Charter of human rights and peoples and in any other international instrument relevant with regard to human rights, recognized by the States parties concerned.
Article 15 Extradition 1. This article applies to the offences defined by the States parties to the terms of this agreement.
2. the offences within the jurisdiction of this agreement are deemed defined in national laws of States parties as d elits giving rise to extradition. States parties add these offences to the list of those liable for extradition referred to in the extradition treaties they have concluded between them.
3. when a State party making extradition contingent on the existence of an extradition treaty is seized with a request for extradition from a State party with which it has not signed such a treaty, he considers this Convention as the legal basis to rely on for all the offences referred to in this agreement.
4. the State party not subordinating the extradition to the existence of an extradition treaty, recognizes the offences for which this Convention is applicable as of the offences giving rise to extradition between States parties.
5. each State party agrees to extradite anyone charged or found guilty of an act of corruption or related offences committed in the territory of another State party and whose extradition is applied for by that State party in accordance with its national law or under any treaty applicable extradition or any agreement or arrangement for extradition between the States parties.
6. in the event that a State party in the territory of which a person is charged or recognized ee guilty of an act of corruption or offences assimil sea refuses to extradite him because he is himself competent to recognize this offence, the requested State is obliged to submit the case without delay to its competent authorities to judge the alleged perpetrator of the offence unless you agree otherwise with the State requesting, and to report the judgment to the requesting State.
7. subject provisions of its national legislation and the line es for extradition which it is a party, the requested State may, after making sure that the circumstances and that there is urgency, and at the request of the State applicant, detain a person whose extradition is requested and which is located on its territory, or may take other measures appropriate HEIs so that this person is actually present at trial to which extradition is required.
Article 16 Confiscation and seizure of the products and means of corruption 1. Each State party shall adopt the legislative measures necessary for: (a) research, identification, tracking, management and the gel or the seizure, by its competent authorities, of the means and products of corruption, pending the final judgment.
(b) confiscation of the goods or property of a value corresponding to that of these proceeds of offences defined in the Convention;
(c) repatriation of the proceeds of corruption.
2. the requested State, insofar as its law permits and at the request of the requesting State, captures and makes available to any object: (a) which may serve as a piece of evidence of the offence in question;
(b) acquired as a result of the offence for which extradition is applied for and which is in the possession of the accused at the time of their arrest, or is discovered subsequently.
3. the objects referred to in paragraph 2 of this article may, at the request of the requesting State, be returned to this State even if extradition is refused or cannot get anymore due to death, disappearance or escape of the person sought.
4 when the object is liable to seizure or confiscation in the territory of the State party requested, the latter can, in relation to the outstanding cases or the proc of current, keep temporarily or return this object to the requesting State party, provided that it returns the object to the State party required.
Article 17 banking secrecy 1. Each State party shall adopt the measures it considers necessary to endow its courts or its other competent authorities of the powers to order the confiscation or seizure of Bank, financial and commercial documents for the implementation of the provisions of this Convention.
2. the requesting State party does use any information received that is protected by bank secrecy for any purpose other than the purposes of trial for which this information has been requested, except with the consent of the State party.

3. States parties do not invoke banking secrecy to justify their refusal to cooperate in cases of corruption and offences assimil sea under this Convention.
4. States parties undertake to conclude bilateral agreements to lift banking secrecy on accounts powered by funds of dubious origin, and to recognize the right to obtain from banks and financial institutions, under judicial cover, evidence in their possession to the competent authorities.
Article 18 Cooperation and mutual legal assistance in criminal matters 1. In accordance with their national legislation and the related applicable es, the States parties will provide each other the largest technical co-operation and the greatest assistance possible in the quick review of the authorities, under their national laws, of the powers to prevent, detect, investigate and repress the acts of corruption and related offences.
2. when two or more States parties establish, on mutual legal assistance of relations on the basis of uniform legislation or a particular plan, they have the ability to govern such mutual relationships, without prejudice to the provisions of this Convention.
3. States parties cooperate in the conduct of studies and research on how to combat corruption, and in the exchange of the results of these studies and research, as well as the exchange of expertise in the field of prevention and combating corruption and related offences.
4. States parties, if possible, cooperate to provide each other any form of technical assistance in developing programs and codes of conduct, or to organize jointly, as appropriate, for their personal, courses of training for one or more States, in the field of the fight against corruption and related offences.
5. the provisions of this section do not affect the obligations under any bilateral or multilateral agreement governing, in whole or in part, mutual legal assistance in criminal matters.
6. no provision of this section has effect of preventing States parties to grant more favourable forms of mutual legal assistance provided for by their own national legislation.
Article 19 Cooperation in the spirit of international cooperation, States parties commit to: 1. work with the countries of origin of multinationals to set as of criminal offenses and suppress the practice of kickbacks and other forms of corruption in international business transactions;
2. promote regional, continental and international cooperation in the prevention of corrupt practices in international commercial transactions;
3. encourage all countries to take legislative measures to avoid that public officials enjoy ill-gotten gains, by blocking their accounts abroad and by facilitating the repatriation of the stolen funds or illegally acquired in the country of origin;
4. work closely with financial international, regional and subregional institutions to ban corruption in programs of development aid and cooperation, by setting strict rules for eligibility based on the respect for good governance, in the overall context of development policy;
5. cooperate, in accordance with the provisions of the international instruments governing international cooperation in criminal matters, in the conduct of investigations and prosecutions concerning offences p enales within the jurisdiction of the Convention.
Article 20 national authorities 1. For the purposes of cooperation and mutual legal assistance, in accordance with the provisions of this Convention, each State party shall communicate to the President of the Commission, the signing of this agreement or of the deposit of the instruments of ratification, e authority or national agency to deal with applications for the offences defined in article 4 (1) of the Convention.
2. the national agencies or authorities are responsible for preparing and receiving the requests for assistance and cooperation referred to in this Convention.
3. the national agencies or authorities communicate with each other directly for the purposes of this Convention.
4. the national agencies or authorities enjoy independence and autonomy necessary to perform their functions effectively.
5. States parties undertake to adopt the necessary measures to ensure that the authorities or national agencies are specialised in combating corruption and related offences by ensuring, among other things, to ensure that their staff is trained and motivated to exercise effectively its functions.
Article 21 relationship with other agreements subject to the provisions of paragraph 2 of article 4, the RP is Convention in relation to States parties to which they apply, has precedence over the provisions of any treaty or agreement on corruption and related offences, concluded between two or more States parties.
Article 22 monitoring mechanism 1. There is created an Advisory Committee on corruption and the offences assimilated within the African Union.
2. the Committee is composed of eleven (11) members elected by the Executive Board, from a list of experts known for their integrity, their impartiality and their high competence in matters relating to the prevention and the fight against corruption and offences assimilated, and nominated by the States parties. For the election of the members of the Committee, the Executive Council shall in respect of the representation of women and equitable geographical representation.
3. the members of the Committee sit on personal title.
4. the mandate of the members of the Committee is two (2) years, renewable once.
5. the functions of the Committee are: a. to promote and encourage the adoption and enforcement of measures against corruption on the continent.
(b) gather documents and information on the nature and extent of corruption and offences assimilated in Africa;
c. develop methods to analyze the nature and the extent of corruption in Africa and disseminate information and raise awareness on the negative effects of corruption and related offences;
d. advise Governments on how to combat the fl water corruption and offences assimilated at the national level;
e. collect information and analyses on the conduct and the questionable practices of multinational companies operating in Africa, and disseminate this information to the national authorities referred to in paragraph 1 of article 18 of this Convention;
f. develop and promote the adoption of codes of conduct harmonised use of public officials;
g. develop partnerships with the African Commission on human rights and peoples, African civil society, governmental and non-governmental organizations in order to facilitate dialogue on the fight against corruption and offences assimilated;
h. to regularly report to the Executive Board on the progress made by each State party in the implementation of the provisions of this Convention;
i. carry out any other tasks related to combating corruption and related offences that can give him the legislative organs of the African Union.
6. the Committee shall adopt its own rules of procedure.
7. States parties shall communicate to the Committee, one year after the entry into force of the Convention, the progress made in its implementation. After that, each State party, by its relevant procedures, ensures that the authority or the national agency responsible for the fight against corruption, report to the Committee each year, before the ordinary sessions of the legislative organs of the AU.
FINAL provisions Article 23 Signature, ratification, entry into force 1. This Convention is open to signature, ratification, or accession by the Member States of the African Union.
2. the present Convention comes into force thirty (30) days after of the date of the deposit of the fifteenth instrument of ratification or accession.
3. for each State party that ratifies or adheres to this Convention after the date of the deposit of the fifteenth instrument of ratification, the Convention comes into force thirty (30) days after the date of deposit by such State party of its instrument of ratification or accession.
Article 24 reservations 1. Any State party may, at the time of the adoption, signature, ratification or accession reservations on this Convention, provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purpose of the present Convention.
2. any State party having made a reservation may withdraw it as soon as circumstances permit. The withdrawal is made by notification addressed to the President of the Commission.
Article 25 amendment

1. this Convention may be amended at the request of a State party which address in writing to that effect, a request to the President of the Commission.
2. the President of the Commission communicates the proposed amendment to all States parties who look at it in a period of six (6) months d after the date of communication of the proposal.
3. the amendment comes into force after its approval by the majority of two thirds of the Member States of the African Union.
Article 26 denunciation 1. Any State party may denounce this agreement by notifying in writing the President of the Commission. The denunciation shall take effect six (6) months after the date of receive of the notification by the President of the Commission.
2. after the denunciation, cooperation continues between States parties and the State party withdrew, on all requests for mutual legal assistance or extradition made before the effective date of the withdrawal.
Article 27 depositary 1. The President of the Commission is the depositary of this Convention and its amendments.
2. the President of the Commission shall inform all States parties of the status of signature, ratification and accession, as well as of the entry into force, amendment requests introduced by States, to the approval of the proposed amendments, and denunciations.
3. upon entry into force of the current Convention pr, the President of the Commission registers it with the Secretary-General of the United Nations, in accordance with article 102 of the Charter of the United Nations.
Article 28 authentic texts this Convention established in four originals in Arabic, English, french and Portuguese, the four texts being equally authentic, is deposited with the President of the Commission.
IN faith whereof, we, heads of State and Government of the African Union, or our duly authorized representatives, have adopted this Convention.
Fact to... this... day of July two thousand three.
CONVENTION OF THE AFRICAN UNION ON THE PREVENTION AND COMBATING CORRUPTION 1. Republic of South Africa...
2. democratic and popular Algerian Republic...
3. Republic of Angola...
4 Republic of Benin...
5 Republic of Botswana...
6. Burkina Faso...
7 Republic of Burundi...
8 Republic of Cameroon...
9. the Republic of Cape Verde...
10. Central African Republic...
11 Republic Federal Comoros Islamic...
12 Republic of Congo...
13 Republic of Congo...
14. Republic of Côte d'Ivoire.
15. Republic of Djibouti...
16. Republic of Egypt Arabic...
17 Federal Democratic Republic of Ethiopia...
18. State of Eritrea...
19. the Gabonese Republic...
20. Republic of Gambia.
21. Republic of Ghana...
22. Republic of Guinea...
23. Republic of Guinea Bissau...
24. Republic of Equatorial Guinea.
25. Republic of Kenya...
26 Kingdom of Lesotho...
27. Republic of Liberia...
28. the Great Jamahiriya popular Libyan Arabic and Socialist...
29. the Republic of Madagascar...
30 Republic of Malawi...
31. Republic of Mali...
32. Republic of Mauritius...
33. Islamic Republic of Mauritania...
34. Republic of Mozambique...
35 Republic of Namibia...
36. Republic of Niger...
37 Republic Federal of Nigeria...
38. Republic of Uganda...
39 Republic of Rwanda...
40. the Saharawi Arab Democratic Republic...
41. Republic of Sao Tome & principle...
42. Republic of Senegal...
43. Republic of Seychelles...
44. the Republic of Sierra Leone...
45. Republic of Somalia...
46 Republic of Sudan...
47. Kingdom of Swaziland...
48. United Republic of Tanzania...
49. Republic of Chad...
50. the Togolese Republic...
51. Republic of Tunisia...
52. Republic of Zambia...
53. Republic of Zimbabwe...

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