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RS 0.311.56 United Nations Convention of 31 October 2003 against Corruption

Original Language Title: RS 0.311.56 Convention des Nations Unies du 31 octobre 2003 contre la corruption

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0.311.56

Original text

United Nations Convention against Corruption

Concluded in New York on 31 October 2003

Approved by the Federal Assembly on 20 March 2009 1

Instrument of ratification deposited by Switzerland on 24 September 2009

Entry into force for Switzerland on 24 October 2009

(State on 8 May 2014)

Preamble

The States Parties to this Convention,

Concerned about the seriousness of the problems posed by corruption and the threat it poses to the stability and security of societies, undermining democratic institutions and values, ethical values and justice and compromising Sustainable development and the rule of law,

Also concerned with the links between corruption and other forms of crime, in particular organised crime and economic crime, including money-laundering,

Further concerned with corruption cases involving significant quantities of assets, which may represent a substantial share of the resources of States, and which 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, which makes international cooperation essential to prevent and control it,

Also convinced that a comprehensive and multidisciplinary approach is needed to prevent and combat corruption effectively,

Further convinced that the provision of technical assistance can make an important contribution to improving the capacity of States, including through capacity-building and institutions, to prevent and combat corruption effectively,

Convinced that the illicit acquisition of personal wealth can be particularly detrimental to democratic institutions, national economies and the rule of law,

Resolved to prevent, detect and deter more effectively international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery,

Recognising the fundamental principles of respect for the guarantees provided for in the law in criminal proceedings and in civil or administrative proceedings concerning the recognition of property rights,

Bearing in mind that it is the responsibility of all States to prevent and eradicate corruption and that they must cooperate with each other, with the support and participation of persons and groups outside the public sector, such as society Civil society, non-governmental organizations and communities of people, so that their efforts in this area are effective,

Also bearing in mind the principles of good governance and public property, equity, accountability and equality before the law and the need to safeguard integrity and foster a culture of refusal of corruption,

Commending the work of the Commission on Crime Prevention and Criminal Justice and the United Nations Office on Drugs and Crime in preventing and combating corruption,

Recalling the work carried out in this field by other international and regional organisations, in particular the activities of the Customs Co-operation Council (also known as the World Customs Organisation), the Council of Europe, the League of Arab States, the Organization for Economic Cooperation and 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, such as, inter alia, the Inter-American Convention against Corruption, adopted by the Organization of American States on 29 March 1996 2 , the Convention on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union, adopted by the Council of the European Union on 26 May 1997 3 , the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, adopted by the Organisation for Economic Co-operation and Development on 21 November 1997 4 The Criminal Law Convention on Corruption, adopted by the Committee of Ministers of the Council of Europe on 27 January 1999 5 , the Civil Convention on Corruption, adopted by the Committee of Ministers of the Council of Europe on 4 November 1999 6 And the Convention on the Prevention and Combating of Corruption, adopted by the Heads of State and Government of the African Union on 12 July 2003,

Welcoming the entry into force of the United Nations Convention against Transnational Organized Crime on 29 September 2003 7 ,

Agreed to the following:

Chapter I General provisions

Art. 1 Purpose

The purpose of this Convention is:

(a)
Promote and strengthen measures to prevent and combat corruption more effectively;
(b)
Promote, facilitate and support international cooperation and technical assistance in the prevention and control of corruption, including the recovery of avoirs;
(c)
Promote the integrity, accountability and good management of public affairs and public goods.
Art. 2 Terminology

For the purposes of this Convention:

(a)
"Public Agent" means:
(i)
Any person holding a legislative, executive, administrative or judicial term of office of a State Party, appointed or elected, on a permanent or temporary basis, whether remunerated or unpaid, and irrespective of his hierarchical level,
(ii)
Any other person who exercises a public service, including a public body or a public undertaking, or provides a public service, such as these terms are defined in the domestic law of the State Party and applied in the branch Relevant to the law of that State,
(iii)
Any other person defined as "public official" in the domestic law of a State Party.
However, for the purposes of certain specific measures provided for in Chapter II of this Convention, "public official" may be understood to mean any person who performs a public service or provides a public service such as these terms are defined In the domestic law of the State Party and applied in the relevant branch of the law of that State.
(b)
"Foreign public official" means any person who holds a legislative, executive, administrative or judicial mandate in a foreign country, whether he or she has been appointed or elected; and any person who performs a public service in a foreign country, Included for a public body or a public undertaking.
(c)
"Staff of a public international organization" means an international civil servant or any person authorized by such an organization to act on his or her behalf.
(d)
"Property" means all types of assets, whether tangible or intangible, movable or immovable, tangible or intangible, as well as legal acts or documents evidencing ownership of such assets or rights.
(e)
"Proceeds of crime" means any property derived directly or indirectly from the commission of an offence or obtained directly or indirectly by the commission of a crime.
(f)
"Freeze" or "seizure" means the temporary prohibition of the transfer, conversion, disposition or movement of property, or the temporary assumption of custody or control of property by a court or other authority Competent.
(g)
" Confiscation means the permanent dispossession of property upon the decision of a court or other competent authority.
(h)
A "predicate offence" means any offence as a result of which a product is generated that is likely to become the subject of an offence defined in s. 23 of this Convention.
(i)
"Controlled delivery" means the method of allowing the exit of the territory, the passage through the territory, or the entry into the territory of one or more States, of illicit or suspected consignments, to the knowledge and under the Monitoring the competent authorities of these states with a view to investigating an offence and identifying the persons involved in its committee.
Art. 3 Scope of application

1. This Convention shall apply, in accordance with its provisions, to the prevention, investigation and prosecution of corruption and the freezing, seizure, confiscation and return of proceeds of established offences In accordance with this Convention.

2. For the purposes of the application of this Convention, it is not necessary, unless the Convention provides otherwise, that the offences referred to in this Convention cause damage or pecunian damage to the State.

Art. 4 Protection of sovereignty

States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and the territorial integrity of States and with that of non-intervention in cases In other states.

(2) Nothing in this Convention entitles a State Party to exercise in the territory of another State a jurisdiction and functions which are exclusively reserved for the authorities of that other State by its domestic law.

Chapter II Preventive measures

Art. 5 Policies and practices for the prevention of corruption

Each State Party shall develop and apply or pursue, in accordance with the fundamental principles of its legal system, effective and coordinated anti-corruption policies that promote and reflect the participation of society Principles of rule of law, good governance and public goods, integrity, transparency and accountability.

2. Each State Party shall endeavour to establish and promote effective practices aimed at preventing corruption.

Each State Party shall endeavour to periodically evaluate the relevant legal instruments and administrative measures in order to determine whether they are adequate to prevent and combat corruption.

4. States Parties shall cooperate, as appropriate and in accordance with the fundamental principles of their legal system, among themselves and with relevant regional and international organizations for the promotion and development of measures In this section. As part of this collaboration, they can participate in international programmes and projects aimed at preventing corruption.

Art. 6 Body or bodies for the prevention of corruption

Each State Party shall ensure, in accordance with the fundamental principles of its legal system, that there are one or more bodies, as appropriate, to prevent corruption by means such as:

(a)
Application of the policies referred to in s. 5 of this Convention and, where appropriate, the supervision and coordination of that application;
(b)
Increasing and disseminating knowledge about the prevention of corruption.

(2) Each State Party shall accord to the organ or bodies referred to in s. 1 of this article the necessary independence, in accordance with the fundamental principles of its legal system, to enable them to carry out their functions effectively without undue influence. The necessary material resources and specialized personnel, as well as the training that such personnel may require to carry out their duties, should be provided to them.

Each State Party shall communicate to the Secretary-General of the United Nations the name and address of the authority or authorities that may assist other States Parties in developing and implementing specific measures of Prevention of corruption.

Art. 7 Public Sector

Each State Party shall endeavour, where appropriate and in accordance with the fundamental principles of its legal system, to adopt, maintain and strengthen systems for the recruitment, retention, retention, promotion and retirement of Officials and, where appropriate, other non-elected public officials, who:

(a)
Are based on the principles of efficiency and transparency and on objective criteria such as merit, equity and altitude;
(b)
Have appropriate procedures for selecting and training persons to be employed in public posts considered to be particularly vulnerable to corruption and, where appropriate, for rotation of such posts;
(c)
Promote adequate remuneration and equal treatment rates, taking into account the level of economic development of the State Party;
(d)
Promote the provision of education and training programs that enable them to carry out their duties in a correct, honourable and appropriate manner and provide them with appropriate specialized training that makes them more aware The risks of corruption inherent in the performance of their duties. These programs may refer to applicable codes or standards of conduct.

2. Each State Party shall also consider adopting appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, in order to establish criteria for The nomination and election to a public office.

Each State Party shall also consider adopting appropriate legislative and administrative measures, consistent with the objectives of this Convention and in conformity with the fundamental principles of its domestic law, in order to increase the Transparency of the financing of candidates for an elected public office and, where appropriate, the financing of political parties.

4. Each State Party shall endeavour, in accordance with the fundamental principles of its domestic law, to adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interest.

Art. 8 Codes of conduct for public officials

In order to combat corruption, each State Party shall in particular promote the integrity, honesty and responsibility of its public officials, in accordance with the fundamental principles of its legal system.

In particular, each State Party shall endeavour to apply, within the framework of its own institutional and legal systems, codes or standards of conduct for the proper, honourable and adequate exercise of public functions.

For the purposes of applying the provisions of this Article, each State Party shall take note, where appropriate and in accordance with the fundamental principles of its legal system, of the relevant initiatives of regional, interregional and Multilateral, such as the International Code of Conduct for Public Officials attached to General Assembly resolution 51/59 of 12 December 1996.

4. Each State Party shall also consider, in accordance with the fundamental principles of its domestic law, measures and systems to facilitate the reporting by public officials to the competent authorities of acts of Corruption of which they are aware in the performance of their duties.

5. Each State Party shall endeavour, where appropriate and in accordance with the fundamental principles of its domestic law, to put in place measures and systems requiring public officials to declare to the competent authorities in particular all External activities, any employment, any investments, any assets and any substantial gifts or benefits from which a conflict of interest may arise with their duties as a public official.

Each State Party shall consider taking, in accordance with the fundamental principles of its domestic law, disciplinary or other measures against public officials who breach the codes or standards established under this Article.

Art. Public procurement and public finance management

Each State Party shall take, in accordance with the fundamental principles of its legal system, the measures necessary to establish appropriate public procurement systems based on transparency, competition and Objective criteria for decision-making and that are effective, inter alia, in preventing corruption. These systems, for the purposes of which threshold values can be taken into account, include:

(a)
Public dissemination of information on procurement procedures and contracts, including information on invitations to tender and relevant information on the award of contracts, with sufficient time left to Potential bidders to establish and submit bids.
(b)
The establishment in advance of the conditions of participation, including selection and award criteria and tender rules, and their publication.
(c)
The use of objective and pre-determined criteria for public procurement decision-making in order to facilitate the subsequent verification of the correct application of the rules or procedures.
(d)
An effective system of domestic remedies, including an effective appeal system, which guarantees the exercise of legal remedies in the event of non-compliance with the rules or procedures established in accordance with this paragraph.
(e)
Where appropriate, measures to regulate matters affecting procurement personnel, such as the requirement for a declaration of interest in certain public procurement contracts, procedures for the selection of such personnel and Training requirements.

(2) Each State Party shall, in accordance with the 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 adopting the national budget;
(b)
Timely reporting of expenditures and revenues;
(c)
A system of accounting and auditing standards and second-degree control;
(d)
Effective risk management and internal control systems; and
(e)
Where applicable, corrective measures in the event of failure to comply with the requirements of this paragraph.

Each State Party shall take, in accordance with the fundamental principles of its domestic law, the civil and administrative measures necessary to preserve the integrity of the books and accounts, financial statements or other documents relating to the Public expenditure and revenue and to prevent forgery.

Art. 10 Public Information

In view of the need to combat corruption, each State Party shall, in accordance with the fundamental principles of its domestic law, take the necessary measures to increase the transparency of its public administration, including Is concerned with its organisation, operation and decision-making processes where appropriate. These measures may include:

(a)
The adoption of procedures or regulations enabling users to obtain, where appropriate, information on the organisation, operation and decision-making processes of the public administration, as well as, with due regard to the protection of Privacy and personal data, decisions and legal acts that affect them;
(b)
Simplification, where appropriate, of administrative procedures in order to facilitate users' access to competent decision-making authorities; and
(c)
The publication of information, including possibly periodic reports on the risks of corruption in public administration.
Art. 11 Measures concerning judges and prosecution services

In view of the independence of judges and their crucial role in the fight against corruption, each State Party shall, in accordance with the fundamental principles of its legal system, take measures to strengthen their integrity and prevent The possibilities of bribing them, without prejudice to their independence. These measures may include rules for their behaviour.

2. Measures in the same direction as those taken pursuant to s. 1 of this article may be established and applied within prosecution services in States Parties where they form a separate body but enjoy independence similar to that of judges.

Art. 12 Private Sector

Each State Party shall, in accordance with the fundamental principles of its domestic law, take measures to prevent corruption involving the private sector, strengthen accounting and auditing standards in the private sector and, where appropriate, Provide for effective, proportionate and dissuasive civil, administrative or criminal sanctions in the event of non-compliance with these measures.

2. Measures to achieve these objectives may include:

(a)
Promoting cooperation between law enforcement agencies and the private entities concerned;
(b)
Promoting the development of standards and procedures aimed at preserving the integrity of the private entities concerned, including codes of conduct for businesses and all the professions concerned to carry out their activities properly, To prevent conflicts of interest and to encourage the application of good business practices by businesses between them and in their contractual relations with Etat;
(c)
The promotion of transparency between private entities, including, where appropriate, measures concerning the identity of natural and legal persons involved in the constitution and management of companies;
(d)
Prevention of improper use of the regulatory procedures of private entities, including procedures for grants and licences granted by public authorities for commercial activities;
(e)
The prevention of conflicts of interest by imposing, as appropriate and for a reasonable period of time, restrictions on the pursuit of professional activities by former public officials or by the private sector of public officials After their resignation or retirement, where such activities or employment are directly related to the duties performed or supervised by these former public officials;
(f)
The application to private enterprises, taking into account their structure and size, of sufficient internal audits to facilitate the prevention and detection of acts of corruption and the submission of the accounts and financial statements required of these Private companies in appropriate auditing and certification procedures.

3. In order to prevent corruption, each State Party shall take the necessary measures, in accordance with its domestic laws and regulations concerning the keeping of books and accounts, the publication of information on financial statements and standards of Accounting and auditing, to prohibit the taking of the following acts in order to commit any of the offences established in accordance with this Convention:

(a)
Establishing out-of-book accounts;
(b)
Off-book or inadequately identified transactions;
(c)
Recording of non-existent expenses;
(d)
The recording of liabilities for which the object is incorrectly identified;
(e)
The use of false documents; and
(f)
The intentional destruction of accounting records earlier than provided for in the Act.

4. Each State Party shall refuse the tax deductibility of expenses which constitute bribes, the payment of which is one of the constituent elements of the offences established in accordance with Art. 15 and 16 of this Convention and, where applicable, other expenses incurred for the purpose of corruption.

Art. 13 Participation of the company

Each State Party shall take appropriate measures, within its means and in accordance with the fundamental principles of its internal law, to promote the active participation of persons and groups outside the public sector, such as That civil society, non-governmental organizations and communities of persons, in preventing and combating corruption, and in raising public awareness of the existence, causes and gravity of the Corruption and the threat it poses. Such participation should be reinforced by measures such as:

(a)
Increase the transparency of decision-making processes and promote public participation in these processes;
(b)
Ensuring effective public access to information;
(c)
Undertake public information activities to prevent corruption, as well as public education programmes, particularly in schools and universities;
(d)
Respect, promote and protect the freedom to seek, receive, publish and disseminate information on corruption. This freedom may be subject to certain restrictions, which must, however, be prescribed by law and necessary:
(i)
Respect for the rights or reputation of others,
(ii)
Protection of national security or public order, or public health or morals.

(2) Each State Party shall take appropriate measures to ensure that the competent corruption prevention bodies referred to in this Convention are known to the public and shall ensure that they are accessible, where appropriate, To ensure that any facts that may be considered to constitute an offence established in accordance with this Convention may be reported to them, including on the condition of anonymity.

Art. 14 Measures to prevent money laundering

1. Each State Party:

(a)
Establishes a comprehensive internal regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons who provide formal or informal services for the transmission of funds or And, where applicable, other entities particularly vulnerable to money laundering, within the limits of its jurisdiction, in order to deter and detect all forms of money laundering. This regime focuses on the identification requirements of clients and, where applicable, economic rights holders, the recording of transactions and the reporting of suspicious transactions;
(b)
Shall ensure, without prejudice to art. 46 of this Convention, which the administrative, regulatory, law enforcement and other authorities responsible for the fight against money-laundering (including, in cases where its domestic law so provides, the authorities ) are in a position to cooperate and exchange information at the national and international levels, in accordance with the conditions laid down by its domestic law and, to that end, consider the establishment of a financial intelligence service acting as a A national centre for the collection, analysis and dissemination of information about possible Money laundering operations.

2. States Parties shall consider implementing feasible measures for the detection and monitoring of the transboundary movement of appropriate negotiable species and negotiable instruments, subject to safeguards to ensure proper use Information and without obstructing the movement of legal capital in any way. In particular, individuals and businesses may be required to report cross-border transfers of large quantities of suitable negotiable species and negotiable instruments.

States Parties shall consider implementing appropriate and feasible measures to require financial institutions, including money transfer companies, to:

(a)
They record on the forms and in messages concerning electronic transfer of funds accurate and useful information on the payer;
(b)
Maintain this information throughout the payment chain; and
(c)
That they carry out increased surveillance on transfers of funds not accompanied by complete information on the payer.

4. When establishing an internal regime of regulation and control under this Article, and without prejudice to any other article of this Convention, States Parties are invited to draw on relevant initiatives taken by Regional, interregional and multilateral organisations to combat money laundering.

5. States Parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation between judicial authorities, law enforcement agencies and financial regulators in Fight against money laundering.

Chapter III Criminalization, Detection and Punishment

Art. 15 Bribery of domestic public officials

Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences where the acts were committed intentionally:

(a)
By promising, offering or giving to a public official, directly or indirectly, an unfair advantage, for himself or another person or entity, to carry out or refrain from performing an act in the performance of his or her duties Official;
(b)
For a public official to solicit or accept, directly or indirectly, an unfair advantage, for himself or for another person or entity, in order to accomplish or refrain from performing an act in the performance of his or her duties Official.
Art. 16 Bribery of foreign public officials and officials of public international organizations

Each State Party shall adopt such legislative and other measures as may be necessary to confer the character of a criminal offence, where the acts have been committed intentionally, by promising, offering or granting to a foreign public official or An official of a public international organization, directly or indirectly, an unfair advantage, for himself or another person or entity, to carry out or refrain from performing an act in the performance of his or her duties Official, for the purpose of obtaining or maintaining a contract or other undue advantage in connection With international trade activities.

(2) Each State Party shall consider adopting such legislative and other measures as may be necessary to establish the character of a criminal offence, where the acts have been committed intentionally, in the case of a foreign public official or an official of a A public international organization, to solicit or accept, directly or indirectly, an unfair advantage, for himself or another person or entity, in order to accomplish or refrain from performing an act in the performance of his or her duties Official.

Art. 17 Subtraction, misappropriation or other unlawful use of property by a public official

Each State Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence, where the acts have been committed intentionally, subtracting, diversion or other unlawful use by an agent For the benefit of or for the benefit of another person or entity, of any property, of any public or private fund or value or of any other value that has been given to him or her because of his or her duties.

Art. 18 Influence Traffic

Each State Party shall consider adopting such legislative and other measures as may be necessary to establish the character of a criminal offence, where the acts were committed intentionally:

(a)
By promising, offering or giving to a public official or any other person, directly or indirectly, an unfair advantage so that such agent or person abuses his or her actual or perceived influence in order to obtain a An administrative or public authority of the State Party an unfair advantage for the original instigator of the act or for any other person;
(b)
In the case of a public official or any other person, to solicit or accept, directly or indirectly, an unfair advantage for himself or herself or another person in order to abuse his or her real or perceived influence in order to Obtain an unfair advantage from an administration or public authority of the State Party.
Art. 19 Feature Abuse

Each State Party shall consider adopting such legislative and other measures as may be necessary to give the character of a criminal offence, where the act was committed intentionally, to a public official to abuse his or her duties or position, That is, to perform or refrain from performing, in the performance of his or her duties, an act in violation of the laws in order to obtain an unfair advantage for himself or another person or entity.

Art. 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 as may be necessary to establish the character of a criminal offence, where the act has been committed Intentionally, to illicit enrichment, that is, a substantial increase in the heritage of a public official that the public official cannot reasonably justify in relation to his or her legitimate income.

Art. Bribery in the private sector

Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences where the acts have been committed intentionally in the context of economic, financial or commercial activities:

(a)
By promising, offering or granting, directly or indirectly, an unfair advantage to any person who directs or works for such an entity, in any capacity, for itself or another Person, in order that, in violation of his or her duties, she performs or refrains from doing an act;
(b)
In the case of any person who directs a private sector entity or works for such entity, in any capacity, to solicit or accept, directly or indirectly, an unfair advantage, for itself or for another person, In order to perform or refrain from performing an act in violation of his or her duties.
Art. Submitting property in the private sector

Each State Party shall consider adopting such legislative and other measures as may be necessary to establish the character of a criminal offence, where the act was committed intentionally in the context of economic, financial or commercial activities, Subtracting by a person who directs a private sector entity or works for such entity, in any capacity, of any property, fund or private value or any other value that has been given to him or her due to his or her Functions.

Art. Laundering of proceeds of crime

(1) Each State Party shall adopt, in accordance with the fundamental principles of its domestic law, the legislative and other measures necessary to confer the character of a criminal offence, where the acts were committed intentionally:

(a) (i) the conversion or transfer of property, including that which is known to be the proceeds of crime, for the purpose of concealing or disguising the illicit origin of such property or of aiding any person who is involved in the commission of The main offence to escape the legal consequences of its actions,
(ii)
The concealment or disguise of the true nature, origin, location, disposition, movement or ownership of property or rights in respect of which the author knows that they are the proceeds of the crime;
(b)
Subject to the fundamental concepts of its legal system:
(i)
The acquisition, possession or use of property of which the person who acquires, owns or uses it knows, at the time it receives them, that they are the proceeds of crime,
(ii)
Participation in any of the offences established in accordance with this Article or any association, agreement, attempt or complicity in the provision of assistance, assistance or advice with a view to its commission.

2. For the purposes of applying s. 1 of this article:

(a)
Each State Party shall endeavour to apply s. 1 of this article to the widest range of predicate offences;
(b)
Each State Party shall include in the predicate offences at least a full range of criminal offences established in accordance with this Convention;
(c)
For the purposes of para. B above, predicate offences include offences committed within and outside the jurisdiction of the State Party in question. However, an offence committed outside the jurisdiction of a State Party shall constitute a principal offence only where the relevant act is a criminal offence in the domestic law of the State in which it was committed And would constitute a criminal offence under the domestic law of the State Party applying this article if it had been committed in its territory;
(d)
Each State Party shall provide to the Secretary-General of the United Nations a copy of its laws which give effect to this Article and any subsequent amendment to those laws or a description thereof, and Subsequent changes;
(e)
Where the fundamental principles of the domestic law of a State Party so require, it may be disposed of the offences set forth in s. 1 of this Article shall not apply to persons who have committed the main offence.
Art. 24 Recel

Without prejudice to the provisions of Art. 23 of this Convention, each State Party shall consider adopting the legislative and other measures necessary to confer the character of a criminal offence, where the acts were committed intentionally after the commission of any Offences established in accordance with this Convention without the participation of such offences, in the fact of concealing or withholding on an ongoing basis property knowing that such property arises from any of the Offences established in accordance with this Convention.

Art. 25 Obstructing the proper functioning of justice

Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences where the acts were committed intentionally:

(a)
The use of physical force, threats or intimidation, or promise, offer or give an unfair advantage in order to obtain false testimony or to prevent testimony or the presentation of evidence in proceedings in Report to the commission of offences established in accordance with this Convention;
(b)
The use of physical force, threats or intimidation to prevent a law enforcement officer or law enforcement officer from exercising the duties of their office in relation to the commission of offences Established in accordance with this Convention. Nothing in this paragraph shall affect the right of States Parties to have legislation to protect other categories of public officials.
Art. 26 Liability of legal persons

Each State Party shall adopt the necessary measures, in accordance with its legal principles, to establish the liability of legal persons participating in offences 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. This responsibility is without prejudice to the criminal liability of the natural persons who have committed the offences.

Each State Party shall, in particular, ensure that legal persons held liable in accordance with this Article are subject to effective, proportionate and dissuasive sanctions of a criminal or non-criminal nature, including sanctions Financial.

Art. 27 Participation and Attempt

(1) Each State Party shall adopt such legislative and other measures as may be necessary to establish the character of a criminal offence, in accordance with its domestic law, to participate in any capacity, for example as an accomplice, other assistant or Instigator, to an offence established in accordance with this Convention.

(2) Each State Party may adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, an attempt to commit an offence established in accordance with this Convention.

(3) Each State Party may adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, the preparation of an offence established in accordance with this Convention.

Art. 28 Knowledge, intent and motivation as part of an offence

The knowledge, intent or motivation necessary as elements of an offence established in accordance with this Convention may be inferred from objective factual circumstances.

Art. Limitation period

Where appropriate, each State Party shall set, within the framework of its domestic law, a long limitation period in which proceedings may be instituted by the head of one of the offences established in accordance with this Convention and shall fix a time limit Longer or suspends the limitation period when the alleged offender has withdrawn from the court.

Art. Prosecution, judgement and sanctions

(1) Each State Party shall make the commission of an offence established in accordance with this Convention liable to sanctions that take into account the seriousness of the offence.

(2) Each State Party shall take the necessary measures to establish or maintain, in accordance with its legal system and its constitutional principles, an appropriate balance between any immunities or privileges of jurisdiction granted to its agents In the exercise of their functions, and the possibility, if necessary, of seeking, prosecuting and effectively judging the offences established in accordance with this Convention.

(3) Each State Party shall endeavour to ensure that any discretionary judicial power conferred by its domestic law relating to the prosecution of persons for offences established in accordance with this The Convention shall be exercised in such a way as to maximise the effectiveness of measures for the detection and punishment of such offences, taking due account of the need to act as a deterrent to their commission.

4. In the case of offences established in accordance with this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to ensure that the conditions Decisions on release pending the judgment or appeal procedure take into account the need to ensure the presence of the defendant in the subsequent criminal proceedings.

5. Each State Party shall take into account the seriousness of the offences concerned when it considers the possibility of an early or conditional release of persons convicted of such offences.

6. Each State Party shall, to the extent consistent with the fundamental principles of its legal system, consider establishing procedures for the competent authority, where appropriate, to revoke, suspend or deploy an accused public official An offence established in accordance with this Convention, bearing in mind respect for the principle of the presumption of innocence.

7. Where the gravity of the infringement justifies it, each State Party shall, to the extent consistent with the fundamental principles of its legal system, consider establishing procedures for the removal, by judicial decision or by any other Adequate means, for a period fixed by its domestic law, of persons convicted of offences established in accordance with this Convention of the Law:

(a)
Exercise a public service; and
(b)
To perform a function in a company that is wholly or partly owned by the State.

8. Le par. 1 of this Article shall be without prejudice to the exercise of disciplinary powers by the competent authorities against officials.

Nothing in this Convention shall affect the principle that the definition of offences established in accordance with this Convention and the applicable legal means of defence or other legal principles governing the legality of Incriminations shall be governed exclusively by the domestic law of a State Party and according to which such offences shall be prosecuted and punished in accordance with that right.

10. States Parties shall endeavour to promote the reintegration into society of persons convicted of offences established in accordance with this Convention.

Art. Freeform, seizure and confiscation

(1) Each State Party shall take, as far as possible within the framework of its internal legal system, the measures necessary to enable confiscation:

(a)
Proceeds of crime arising out of offences established in accordance with this Convention or property whose value corresponds to that of that product;
(b)
Goods, materials or other instruments used or intended for use in offences established in accordance with this Convention.

2. Each State Party shall take the necessary measures to enable the identification, location, freezing or seizure of all matters referred to in subs. 1 of this article for the purposes of possible confiscation.

(3) Each State Party shall adopt, in accordance with its domestic law, the legislative and other measures necessary to regulate the administration by the competent authorities of the frozen, seized or confiscated property referred to in s. 1 and 2 of this article.

4. If this proceeds of crime has been transformed or converted, in whole or in part, into other goods, the latter may be subject to the measures referred to in this Article instead of the said product.

5. If this proceeds of crime has been mixed with property acquired legitimately, such property, without prejudice to any power of freezing or seizure, shall be forfeit to the estimated value of the product involved in it.

6. The income or other benefits derived from this proceeds of crime, the goods in which the product has been converted or converted, or the property to which it has been mixed may also be the subject of the measures referred to in this Article, in the same manner and To the same extent as the proceeds of crime.

7. For the purposes of this Article and Art. 55 of this Convention, each State Party shall enable its courts or other competent authorities to order the production or seizure of bank, financial or commercial documents. A State Party shall not rely on bank secrecy to refuse to give effect to the provisions of this paragraph.

8. States Parties may consider requiring the author of an offence to establish the lawful origin of the alleged proceeds of crime or other forfeitable property, to the extent that this requirement is consistent with the fundamental principles of their right And the nature of judicial and other proceedings.

9. The interpretation of the provisions of this Article shall in no way affect 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 carried out in accordance with the provisions of the domestic law of each State Party and subject to those provisions.

Art. 32 Protection of witnesses, experts and victims

Each State Party shall, in accordance with its internal legal system and within its means, take appropriate measures to ensure effective protection against possible acts of retaliation or intimidation of witnesses and experts Who file with respect to offences established in accordance with this Convention and, where applicable, to their parents and other persons close to them.

2. The measures envisaged in s. 1 of this Article may be, in particular, without prejudice to the rights of the defendant, including the right to due process:

(a)
To establish, for the physical protection of such persons, procedures, including, as appropriate and to the extent possible, to provide them with a new domicile and to permit, where appropriate, information concerning their identity and The location is not disclosed or the disclosure is limited;
(b)
Provide rules of evidence that allow witnesses and experts to file in a manner that guarantees their safety, including allowing them to file by means of communication techniques such as video links or others Adequate resources.

States Parties shall consider concluding agreements or arrangements with other States with a view to providing a new domicile to the persons mentioned in s. 1 of this article.

4. The provisions of this Article shall also apply to victims when they are witnesses.

5. Each State Party, subject to its domestic law, shall ensure that the opinions and concerns of the victims are presented and taken into account at the appropriate stages of the criminal proceedings brought against the perpetrators in a manner that Does not prejudice the rights of the defence.

Art. 33 Protection of persons reporting information

Each State Party shall consider incorporating appropriate measures into its domestic legal system to ensure protection against undue treatment of any person who reports to the competent authorities in good faith and on the basis of Reasonable suspicion, all facts relating to offences established in accordance with this Convention.

Art. 34 Consequences of acts of corruption

With due regard to the rights of third parties acquired in good faith, each State Party shall, in accordance with the fundamental principles of its domestic law, take measures to address the consequences of corruption. In this perspective, States Parties may consider bribery as a relevant factor in a judicial proceeding to decide whether a contract is to be cancelled or rescission, the withdrawal of a concession or any other legal act Or take any other corrective action.

Art. 35 Reparation of prejudice

Each State Party shall take the necessary measures, in accordance with the principles of its domestic law, to give entities or persons who have suffered damage as a result of an act of corruption the right to take legal action against the Responsible for the damage in order to obtain compensation.

Art. 36 Specialized Authorities

Each State Party shall ensure, in accordance with the fundamental principles of its legal system, that there are one or more bodies or persons specialising in the fight against corruption through detection and repression. Such bodies or persons shall be granted the necessary independence, in accordance with the fundamental principles of the legal system of the State Party, in order to be able to carry out their functions effectively and free from undue influence. Such persons or staff of the said bodies should have the appropriate training and resources to carry out their tasks.

Art. Cooperation with law enforcement agencies

Each State Party shall take appropriate measures to encourage persons who participate in or participated in the commission of an offence established in accordance with this Convention to provide relevant information to the competent authorities. For the purpose of investigating and finding evidence, as well as factual and concrete assistance that could help to deprive the perpetrators of the crime of the proceeds of crime and to recover the proceeds.

(2) Each State Party shall consider providing for the possibility, in appropriate cases, of alleviating the penalty of a defendant who cooperates substantially in the investigation or prosecution of an offence established in accordance with the Present Convention.

Each State Party shall consider providing for the possibility, in accordance with the fundamental principles of its domestic law, of granting immunity from prosecution to a person who cooperates substantially in the investigation or prosecution of a Offence established in accordance with this Convention.

4. The protection of these persons is ensured, Mutatis mutandis , as provided for in s. 32 of this Convention.

5. Where a person is subject to s. 1 of this Article and is situated in a State Party may provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider concluding agreements or arrangements, in accordance with their Internal law, concerning the possible grant by the other State Party of the treatment described in s. 2 and 3 of this article.

Art. 38 Cooperation between national authorities

Each State Party shall take the necessary measures to encourage, in accordance with its internal law, cooperation between, on the one hand, its public authorities and its public officials and, on the other hand, its investigating and Prosecution of criminal offences. Such cooperation may consist of:

(a)
For the first to inform, on their own initiative, the second when there are reasonable grounds to consider one of the offences established in accordance with s. 15, 21 and 23 of this Convention; or
(b)
For the first to provide, on request, in seconds all the necessary information.
Art. 39 Cooperation between national authorities and the private sector

Each State Party shall take the necessary measures to encourage, in accordance with its domestic law, cooperation between the national investigating and prosecuting authorities and private sector entities, in particular the institutions On matters relating to the commission of offences established in accordance with this Convention.

Each State Party shall consider encouraging its nationals and other persons having their habitual residence in its territory to report to the national investigating and prosecuting authorities the commission of an established offence In accordance with this Convention.

Art. 40 Banking Secret

Each State Party shall ensure, in the case of national judicial investigations of offences established in accordance with this Convention, that there are appropriate mechanisms in its domestic legal system to overcome obstacles which may Result from the application of banking secrecy laws.

Art. History of court

Each State Party may adopt such legislative or other measures as may be necessary to take into account, in the circumstances and for the purposes it deems appropriate, any conviction of which the alleged perpetrator of an offence has previously been the subject of Another State, in order to use this information in the context of criminal proceedings relating to an offence established in accordance with this Convention.

Art. Jurisdiction

Each State Party shall adopt the measures necessary to establish its jurisdiction in respect of offences established in accordance with this Convention in the following cases:

(a)
Where the offence is committed on its territory; or
(b)
Where the offence is committed on board a ship flying its flag or on board an aircraft registered in accordance with its domestic law at the time the offence is committed.

2. Subject to s. 4 of this Convention, a State Party may also establish its jurisdiction in respect of any of these offences in the following cases:

(a)
Where the offence is committed against one of its nationals; or
(b)
Where the offence is committed by one of its nationals or by a stateless person ordinarily resident in its territory; or
(c)
Where the offence is one of those established in accordance with para. B ii du par. 1 of the art. 23 of this Convention and shall be committed outside its territory for the commission, in its territory, of an offence established in accordance with paras. A i or ii or b i of s. 1 of the art. 23 of this Convention; or
(d)
When the offence is committed against him.

3. For the purposes of s. 44 of this Convention, each State Party shall take the necessary measures to establish its jurisdiction over offences established in accordance with this Convention when the alleged offender is on its territory and does not extradite Not that person on the sole ground that he or she is one of its nationals.

4. Each State Party may also take the necessary measures to establish its jurisdiction over offences established in accordance with this Convention when the alleged offender is on its territory and does not extradite him.

5. If a State Party exercising its jurisdiction under s. 1 or 2 of this Article has been notified, or has learned otherwise, that other States Parties are conducting an investigation or have instituted proceedings or judicial proceedings concerning the same act, the competent authorities of those States Parties shall Consult, as appropriate, to coordinate their actions.

6. Without prejudice to the norms of general international law, this Convention shall not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Chapter IV International cooperation

Art. 43 International cooperation

1. The States Parties shall cooperate in criminal matters in accordance with Art. 44 to 50 of this Convention. Where appropriate and in accordance with their domestic legal system, States Parties shall consider providing mutual assistance in investigations and proceedings relating to civil and administrative matters relating to corruption.

2. In the field of international cooperation, whenever dual criminality is regarded as a condition, it shall be deemed to be fulfilled, whether the law of the requested State Party qualifies or designates the offence in the same manner The requesting State Party, if the act constituting the offence for which assistance is sought is a criminal offence under the law of the two States Parties.

Art. 44 Extradition

(1) This Article shall apply to offences established in accordance with this Convention where the person who is the subject of the extradition request is located in the territory of the requested State Party, provided that the offence for which Extradition is requested to be punishable under the domestic law of the requesting State Party and the requested State Party.

2. Notwithstanding the provisions of s. 1 of this Article, a State Party whose legislation so permits may grant the extradition of a person for any of the offences covered by this Convention which are not punishable under its domestic law.

(3) If the extradition request relates to a number of separate offences, including at least one extraditable offence under this article, some of which do not give rise to extradition due to the length of imprisonment but have a In connection with offences established in accordance with this Convention, the requested State Party may apply this Article also to such infringements.

4. Each of the offences to which this Article applies shall be automatically included in any extradition treaty in force between the States Parties as an offence for which the author may be extradited. States Parties undertake to include such offences as extraditable offences in any extradition treaty that they enter into between them. A State Party whose legislation allows it, when it is based on this Convention for Extradition, does not consider any of the offences established in accordance with this Convention to be a political offence.

5. If a State Party which makes extradition conditional on the existence of a treaty receives a request for the extradition of a State Party with which it has not concluded such a treaty, it may consider this Convention as the legal basis for extradition for The offences to which this section applies.

6. A State Party which makes extradition conditional on the existence of a treaty:

(a)
At the time of deposit of its instrument of ratification, acceptance, approval or accession to this Convention, indicates to the Secretary-General of the United Nations whether it considers this Convention the legal basis for Cooperate on extradition with other States Parties; and
(b)
If it does not consider this Convention as the legal basis for cooperation in the field of extradition, it shall endeavour, where appropriate, to conclude extradition treaties with other States Parties in order to apply this Article.

7. States Parties which do not make extradition conditional on the existence of a treaty shall recognize among themselves the offences to which this article applies the character of an offence for which the author may be extradited.

8. Extradition shall be subject to the conditions laid down by the domestic law of the requested State Party or by the applicable extradition treaties, including, inter alia, the conditions concerning the minimum penalty required for extradition and the reasons for Which the requested State Party may refuse extradition.

9. States Parties shall endeavour, subject to their domestic law, to expedite extradition procedures and to simplify the requirements for proof of extradition in respect of the offences to which this Article applies.

10. Subject to the provisions of its domestic law and the extradition treaties it has concluded, the requested State Party may, at the request of the requesting State Party, and if it considers that the circumstances justify it and that it is urgent, Detention of a person present in his or her territory for which extradition is requested or take other appropriate measures to ensure that he is present during the extradition proceedings.

11. A State Party in whose territory the alleged perpetrator of an offence is located, if it does not extradite that person in respect of an offence to which this Article applies solely on the ground that it is one of its nationals, shall The request of the requesting State Party for extradition, to submit the case without undue delay to its competent authorities for the purpose of prosecution. The said authorities shall take their decision and conduct the proceedings in the same manner as for any other serious offence under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, including in matters of procedure and evidence, in order to ensure the effectiveness of the proceedings.

12. Where a State Party, under its domestic law, is not permitted to extradite or otherwise surrender any of its nationals only if that person is then returned to the territory of the State Party to serve the sentence imposed after the Proceedings or proceedings at the origin of the request for extradition or surrender, and where that State Party and the requesting State Party agree on that option and other conditions which they may deem appropriate, such extradition or surrender Is sufficient for the performance of the obligation set out in s. 11 of this article.

13. If extradition, requested for the purposes of enforcement of a sentence, is refused because the person who is the subject of that application is a national of the requested State Party, the requested State Party, if its domestic law permits it, in accordance with the Provisions of this right and at the request of the requesting State Party shall consider the execution of the sentence imposed in accordance with the domestic law of the requesting State Party, or the remainder of that sentence.

14. Any person subject to prosecution for any of the offences to which this Article applies shall be guaranteed fair treatment at all stages of the proceedings, including the enjoyment of all rights And all the guarantees provided for in the domestic law of the State Party on whose territory it is located.

15. Nothing in this Convention shall be construed as requiring the requested State Party to extradite if it has serious grounds to believe that the application has been made for the purpose of prosecuting or punishing a person in Because of his or her sex, race, religion, nationality, ethnic origin or political opinion, or as a result of that request would cause harm to that person for any of these reasons.

16. States Parties may not refuse a request for extradition on the sole ground that the offence is also considered to be relevant to tax matters.

17. Before refusing extradition, the requested State Party shall consult, where appropriate, the requesting State Party in order to give it any opportunity to present its views and to provide information in support of its allegations.

18. States Parties shall endeavour to conclude bilateral and multilateral agreements or arrangements to enable extradition or to increase its effectiveness.

Art. 45 Transfer of sentenced persons

States Parties may consider entering into bilateral or multilateral agreements or arrangements relating to the transfer of persons sentenced to imprisonment or other custodial sentences on their territory Offences established in accordance with this Convention so that they may serve the remainder of their sentence.

Art. Mutual Legal Assistance

1. States Parties shall afford each other the widest measure of mutual legal assistance in the investigation, prosecution and prosecution of offences covered by this Convention.

2. The widest possible judicial assistance shall be granted, as long as the relevant laws, treaties, agreements and arrangements of the requested State Party permit, during investigations, prosecutions and judicial proceedings concerning offences of which A legal person may be held liable in the requesting State Party, in accordance with Art. 26 of this Convention.

Mutual legal assistance granted under this Article may be requested for the following purposes:

(a)
To collect testimony or testimony;
(b)
Serve judicial acts;
(c)
Conduct searches and seizures, as well as gels;
(d)
Examine objects and visit places;
(e)
Provide information, exhibits and expert estimates;
(f)
Provide originals or certified copies of relevant documents and records, including administrative, banking, financial or business records, and corporate records;
(g)
Identify or locate proceeds of crime, property, instruments or other things to gather evidence;
(h)
Facilitate the voluntary appearance of persons in the requesting State Party;
(i)
Provide any other type of assistance compatible with the domestic law of the requested State Party;
(j)
Identify, freeze and locate the proceeds of crime in accordance with the provisions of Chapter V of this Convention;
(k)
Recover assets in accordance with the provisions of Chapter V of this Convention.

4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior application, communicate information concerning criminal cases to a competent authority of another State Party, if they believe that such Information may assist the latter in undertaking or carrying out criminal investigations and prosecutions, or may cause the latter State Party to make an application under this Convention.

5. The provision of information in accordance with paragraph 5. 4 of this Article shall be without prejudice to investigations and criminal proceedings in the State for which the competent authorities provide the information. The competent authorities receiving such information shall accede to any request that the said information be kept confidential, even temporarily, or that its use be subject to restrictions. However, this does not prevent the State Party receiving the information from disclosing information to the discharge of an accused during the judicial proceedings. In the latter case, the State Party receiving the information shall notify the State Party which communicates it before the disclosure, and if so requested, shall consult the latter. If, in an exceptional case, prior notification is not possible, the State Party receiving the information shall inform the State Party without delay of the disclosure.

6. The provisions of this Article shall in no way affect the obligations arising from any other bilateral or multilateral treaty governing, in whole or in part, mutual legal assistance.

7. The s. 9 to 29 of this Article shall apply to requests made in accordance with this Article if the States Parties in question are not bound by a mutual legal assistance treaty. 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 the provisions of s. 9 to 29 of this article. States Parties are strongly encouraged to apply these paragraphs if they facilitate cooperation.

8. States Parties may not invoke bank secrecy to refuse mutual legal assistance under this Article:

9.
(a) when in accordance with this Article it responds to a request for assistance in the absence of dual criminality, a requested State Party shall take account of the purpose of this Convention as set out in Article 1;
(b)
States Parties may invoke the absence of double criminality to refuse to provide assistance under this Article. However, a requested State Party, where this is compatible with the fundamental concepts of its legal system, grants the requested assistance if it does not involve coercive measures. Such aid may be refused where the request relates to minor matters or questions for which the cooperation or assistance requested may 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 wider assistance under this Article, in the absence of double criminality.

10. Any person detained or serving a sentence in the territory of a State Party, the presence of which is required in another State Party for the purpose of identification or testimony or for the purpose of providing otherwise The obtaining of evidence in the course of investigations, prosecutions or judicial proceedings relating to the offences covered by this Convention may be transferred if the following conditions are met:

(a)
The said person consents freely and in full knowledge of cause;
(b)
The competent authorities of the two States Parties concerned shall consent, subject to such conditions as those States Parties may deem appropriate.

11. For purposes of s. 10 of this article:

(a)
The State Party to which the person is transferred has the power and the obligation to keep the person in custody, unless requested or otherwise authorized by the State Party from which it was transferred;
(b)
The State Party to which the person is transferred shall pay without delay the obligation to surrender it to the custody of the State Party from which it has been transferred, in accordance with what has been agreed beforehand or otherwise decided by the Competent authorities of the two States Parties;
(c)
The State Party to which the person is transferred shall not require the State Party from which the person has been transferred to the State Party to undertake an extradition procedure for surrender;
(d)
Account shall be taken of the period that the person has been detained in the State Party to which it has been transferred for the purposes of the count of the sentence to be served in the State Party from which it was transferred.

12. Unless the State Party from which a person is to be transferred under s. 10 and 11 of this Article shall not give its consent, that person, irrespective of his nationality, shall not be prosecuted, detained, punished or subjected to any other restriction of his personal freedom in the territory of the State Party to which it is Due to acts, omissions or convictions prior to its departure from the territory of the State Party from which it was transferred.

Each State Party shall designate a central authority which 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 different system of mutual legal assistance, it may designate a separate central authority which will have the same function for that region or territory. The central authorities shall ensure the timely and proper execution or transmission of applications received. If the central authority forwards the request to a competent authority for implementation, it shall encourage the prompt and proper execution of the request by the competent authority. The central authority designated for this purpose shall be notified to the Secretary-General of the United Nations at the time each State Party deposits its instrument of ratification, acceptance or approval, or Of accession to this Convention. Requests for mutual legal assistance and any communication relating thereto shall be transmitted to the central authorities designated by the States Parties. This provision shall be without prejudice to the right of any State Party to require that such requests and communications be addressed to it through diplomatic channels and, in the event of an emergency, if the States Parties agree, through the intermediary of The International Criminal Police Organization, if possible.

14. Requests shall be made in writing or, if possible, by any other means capable of producing a written document, in a language acceptable to the requested State Party, under conditions permitting the State Party to establish its authenticity. The language (s) 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 the Present Convention. In case of urgency and if the States Parties agree, requests may be made orally but must be confirmed without delay in writing.

15. A request for mutual legal assistance shall contain the following information:

(a)
The designation of the authority from which the application originates;
(b)
The purpose and nature of the investigation, prosecution or judicial proceeding to which the application relates, and the name and functions of the authority responsible for the application;
(c)
A summary of the relevant facts, except for requests for service of judicial documents;
(d)
A description of the assistance required and details of any special procedures which the requesting State Party wishes to see applied;
(e)
If possible, the identity, address and nationality of the person concerned; and
(f)
The purpose in which the testimony, information or measures are requested.

The requested State Party may request additional information where it appears necessary to carry out the application in accordance with its domestic law or where it may facilitate the execution of the request.

17. Any application shall be executed in accordance with the domestic law of the requested State Party and, to the extent that this does not contravene the domestic law of the requested State Party and where possible, in accordance with the procedures specified in the Request.

18. Where possible and in accordance with the fundamental principles of domestic law, if a person who is in the territory of a State Party must be heard as a witness or expert by the judicial authorities of another State Party, The first State Party may, at the request of the other, allow its hearing by videoconference if it is not possible or desirable for it 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 that a judicial authority of the requested State Party shall attend.

19. The requesting State Party shall not communicate or use the information or evidence furnished by the State Party required for investigations, prosecutions or judicial proceedings other than those referred to in the application without consent The requested State Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing, during the procedure, information or evidence on discharge. In such case, the requesting State Party shall notify the requested State Party before the disclosure and, if requested, shall consult the requesting State Party. If, in an exceptional case, prior notification is not possible, the requesting State Party shall without delay inform the requested State Party of the disclosure.

The requesting State Party may require that the requested State Party keep the confidentiality of the request and its contents, except to the extent necessary to execute it. If the requested State Party cannot comply with this requirement, it shall without delay inform the requesting State Party.

Mutual legal assistance may be refused:

(a)
If the application is not made in accordance with the provisions of this Article;
(b)
If the requested State Party considers that the execution of the application is likely to affect its sovereignty, security, public order or other essential interests;
(c)
In the event that the domestic law of the requested State Party would prohibit its authorities from taking the action requested in the case of a similar offence under investigation, prosecution or judicial proceedings as part of its Own competence;
(d)
In the event that it is contrary to the legal system of the State Party required concerning mutual legal assistance to accept the request.

22. States Parties may not refuse a request for mutual legal assistance on the sole ground that the offence is also considered to be relevant to fiscal matters.

23. Any refusal of mutual legal assistance must be justified.

The requested State Party shall execute the request for mutual legal assistance as promptly as possible and shall take into account, as far as possible, any time-limits suggested by the requesting State Party and which are motivated, preferably in the application. The requesting State Party may make reasonable requests for information on the status of the measures taken by the State Party required to qualify for the request. The requested State Party shall respond to the reasonable requests of the requesting State Party concerning the progress made in the execution of the request. Where the requested assistance is no longer required, the requesting State Party shall promptly inform the requested State Party.

Mutual legal assistance may be postponed by the requested State Party on the grounds that it would impede an ongoing investigation, prosecution or judicial proceeding.

26. Before refusing an application under s. 21 of this article or deferring its execution under s. 25, the requested State Party shall study with the requesting State Party the possibility of granting assistance subject to such conditions as it deems necessary. If the requesting State Party accepts the assistance subject to these conditions, it shall comply with those conditions.

27. Without prejudice to the application of s. 12 of this article, a witness, an expert or another person who, at the request of the requesting State Party, consents to file in the course of a proceeding or to cooperate in an investigation, prosecution or judicial proceeding in the territory of The requesting State Party shall not be prosecuted, detained, punished or subjected to any other restrictions on its personal freedom in that territory because of acts, omissions or convictions prior to its departure from the territory of the requested State Party. Such immunity shall cease when the witness, the expert or the person having had, for a period of 15 consecutive days or any other period agreed upon by the States Parties from the date on which they were officially informed that Their presence was no longer required by the judicial authorities, the possibility of leaving the territory of the requesting State Party, nevertheless remained voluntarily or, having left it, returned there voluntarily.

The ordinary costs incurred in executing an application shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. Where substantial or extraordinary expenditure is or is subsequently revealed to be necessary for the execution of the request, the States Parties shall consult each other to determine the conditions under which the application will be executed, as well as the manner in which Costs will be borne.

29. The requested State Party:

(a)
Provides the requesting State Party with copies of records, documents or administrative information in its possession to which, under its domestic law, the public has access;
(b)
May, at its option, provide to the requesting State Party in full, in part or on such terms and conditions as it considers appropriate, copies of any records, documents or administrative information in its possession to which, under its domestic law, the Public does not have access.

The States Parties shall consider, where appropriate, the possibility of concluding bilateral or multilateral agreements or arrangements that serve the objectives of this Article, apply its provisions or strengthen them.

Art. Transfer of criminal proceedings

States Parties shall consider the possibility of transferring to each other the procedures for the prosecution of an offence established in accordance with this Convention in cases where such transfer is deemed necessary in the interest of a good Administration of justice and, in particular, where several courts are involved, with a view to centralising prosecutions.

Art. 48 Cooperation between law enforcement agencies

1. The States Parties shall cooperate closely, in accordance with their respective legal and administrative systems, with a view to enhancing the effectiveness of the detection and enforcement of the offences covered by this Convention. In particular, the States Parties shall take effective measures to:

(a)
Strengthen the channels of communication between their competent authorities, bodies and services and, if necessary, establish in order to facilitate the safe and rapid exchange of information on all aspects of the offences covered by this Convention, including, if deemed appropriate by the States Parties concerned, the links with other criminal activities;
(b)
Cooperate with other States Parties, in relation to the offences covered by this Convention, in the conduct of investigations concerning the following:
(i)
Identity and activities of persons suspected of involvement in such offences, where they are or where the other persons concerned are located;
(ii)
The movement of proceeds of crime or property from the commission of these offences;
(iii)
Movement of goods, materials or other instruments used or intended for use in the commission of such offences;
(c)
Provide, where appropriate, the parts or quantities of substances necessary for analysis or investigation;
(d)
Exchange, where appropriate, with other States Parties information on the specific means and processes employed to commit the offences covered by this Convention, such as the use of false identities, counterfeit documents, Altered or falsified or other means of concealing activities;
(e)
Facilitate effective coordination between their competent authorities, agencies and services and facilitate the exchange of personnel and 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 to coordinate administrative and other measures taken, as appropriate, to detect offences covered by this Convention as soon as possible.

2. In order to give effect to this Convention, States Parties shall consider concluding bilateral or multilateral agreements or arrangements providing for direct cooperation between their law enforcement agencies and, where such Agreements or arrangements already exist, to be amended. In the absence of such agreements or arrangements between the States Parties concerned, such agreements or arrangements may be based on the present Convention in order to establish cooperation in the detection and enforcement of offences covered by the Present 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.

States Parties shall endeavour to cooperate, to the extent of their means, in combating the offences covered by this Convention by means of modern techniques.

Art. Joint investigations

States Parties shall consider concluding bilateral or multilateral agreements or arrangements under which, for cases subject to investigation, prosecution or judicial proceedings in one or more States, the authorities Competent authorities may establish joint investigative bodies. In the absence of such agreements or arrangements, joint investigations may be decided on a case-by-case basis. The States Parties concerned shall ensure that the sovereignty of the State Party on whose territory the investigation is to be conducted is fully respected.

Art. 50 Special Investigative Techniques

1. In order to combat corruption effectively, each State Party shall, to the extent that the fundamental principles of its internal legal system permit it and in accordance with the conditions prescribed by its domestic law, shall, within the limits of its Measures necessary to enable its competent authorities to make appropriate use of controlled deliveries in its territory and, where appropriate, to other special investigative techniques, such as the Electronic surveillance or other forms of surveillance and infiltration operations; and To ensure that the evidence gathered through these techniques is admissible in its courts.

2. For the purpose of investigating offences covered by this Convention, States Parties are encouraged to conclude, if necessary, appropriate bilateral or multilateral agreements or arrangements for the use of investigative techniques In the framework of international cooperation. Such agreements or arrangements shall be concluded and applied in full respect of the principle of the sovereign equality of States and shall be implemented in strict compliance with the provisions contained therein.

3. In the absence of agreements or arrangements referred to in s. 2 of this Article, decisions on the use of special investigative techniques at the international level shall be taken on a case-by-case basis and may, if necessary, take into account financial arrangements and arrangements for the exercise of their competence By the States Parties concerned.

4. Controlled deliveries to which it is decided to use the international level may include, with the consent of the States Parties concerned, methods such as the interception of goods or funds and the authorization of the Continuation of their routing, without alteration or after subtraction or replacement of all or part of those goods or funds.

Chapter V Recovery of assets

Art. General provision

The return of assets under this Chapter is a fundamental principle of this Convention, and the States Parties shall accord each other the most extensive cooperation and assistance in this regard.

Art. Prevention and detection of transfer of proceeds of crime

1. Without prejudice to s. 14 of this Convention, each State Party shall, in accordance with its domestic law, take the necessary measures to ensure that financial institutions under its jurisdiction are required to ascertain the identity of customers and to take measures Reasonable to determine the identity of the economic rights holders of funds deposited on large accounts, as well as to subject to increased supervision the accounts of persons who exercise, or have exercised, important public functions and Members of their families and close acquaintances seek to open or hold Directly or seek to have an intermediary open or hold. This monitoring is reasonably designed to detect suspicious transactions in order to report them to the appropriate authorities and should not be construed as a means of discouraging financial institutions-or prohibiting them -to maintain business relationships with legitimate clients.

2. In order to facilitate the implementation of the measures provided for in par. 1 of this article, each State Party, in accordance with its domestic law and drawing on the relevant initiatives taken by regional, interregional and multilateral organizations to combat money-laundering:

(a)
Publish guidelines on the types of natural or legal persons on whose accounts the financial institutions under its jurisdiction will be required to carry out enhanced surveillance, the types of accounts and transactions to which they Shall pay particular attention, as well as the measures to be taken concerning the opening of such accounts, their holding and the recording of transactions; and
(b)
Where appropriate, notify the financial institutions within its jurisdiction, at the request of another State Party or of its own initiative, of the identity of natural or legal persons whose accounts they will have to monitor more strictly, in Persons whom financial institutions may otherwise identify.

3. In the context of para. A from s. 2 of this Article, each State Party shall apply measures to ensure that its financial institutions keep adequate, for an appropriate period of time, accounts and transactions involving the persons mentioned in par. 1 of this article, which states should contain, at a minimum, information on the identity of the client as well as, to the extent possible, economic right.

4. In order to prevent and detect transfers of proceeds of offences established in accordance with this Convention, each State Party shall apply appropriate and effective measures to prevent, with the assistance of its Regulation and control, the establishment of banks that do not have a physical presence and are not affiliated with a regulated financial group. In addition, States Parties may consider requiring their financial institutions to refuse to establish or maintain correspondent banking relationships with such institutions and to maintain relations with such institutions. Foreign financial institutions that allow their accounts to be used by banks that do not have a physical presence and are not affiliated with a regulated financial group.

5. Each State Party shall consider establishing, in accordance with its domestic law, for appropriate public officials, effective systems for the disclosure of financial information and provides for adequate sanctions in the event of non-compliance. Each State Party shall also consider taking the necessary measures to enable its competent authorities to share this information with the competent authorities of other States Parties when they need it to investigate the Proceeds of offences established in accordance with this Convention, claim and recover it.

6. Each State Party shall consider taking, in accordance with its domestic law, the measures necessary to ensure that its appropriate public officials with a right or delegation of signature or other authority over a financial account domiciled in a country Foreign nationals are required to report to the competent authorities and to maintain appropriate statements in respect of these accounts. It also provides for appropriate sanctions for non-compliance with this obligation.

Art. Measures for the Direct Recovery of Goods

Each State Party, in accordance with its domestic law:

(a)
Take the necessary measures to enable another State Party to take civil action before its courts for the purpose of recognising the existence of a right of ownership of property acquired by means of an offence established in accordance with the Present Convention;
(b)
Shall take the necessary measures to enable its courts to order the authors of offences established in accordance with this Convention to pay compensation or damages to another State Party which has suffered damage as a result of Such offences; and
(c)
Takes the necessary measures to enable its courts or competent authorities, when deciding on confiscation, to recognise the legitimate right of property claimed by another State Party on property acquired by means of a Offence established in accordance with this Convention.
Art. Mechanisms for the recovery of property through international cooperation for the purpose of confiscation

1. In order to ensure mutual legal assistance under s. 55 of this Convention concerning property acquired by means of an offence established in accordance with this Convention or used for such an offence, each State Party, in accordance with its domestic law:

(a)
Take the necessary measures to enable its competent authorities to give effect to a decision to confiscate a court of another State Party;
(b)
Take the necessary measures to enable its competent authorities, where they have jurisdiction in this case, to order the confiscation of such property of foreign origin, by ruling on a money laundering offence or another Under its jurisdiction, or by other procedures authorized by its domestic law; and
(c)
Consider taking the necessary measures to allow the confiscation of such property in the absence of a criminal conviction where the offender cannot be prosecuted on account of death, absconn or absence or in other appropriate cases.

2. In order to grant mutual legal assistance pursuant to s. 2 of the art. 55, each State Party, in accordance with its domestic law:

(a)
Shall take the necessary measures to enable its competent authorities to freeze or seize property, upon the decision of a court or competent authority of a requesting State Party ordering the freezing or seizure, which gives the requested State Party a Reasonable grounds to believe that there are sufficient grounds for taking such measures and that the property will subsequently be subject to an order of forfeiture for the purposes of para. A from s. 1 of this article;
(b)
Shall take the necessary measures to enable its competent authorities to freeze or seize property on the basis of a request giving the State Party reasonable grounds to believe that there are sufficient grounds for taking such measures and The property will subsequently be subject to a forfeiture order for the purposes of para. A from s. 1 of this article; and
(c)
Consider taking additional measures to enable its competent authorities to preserve property for the purpose of confiscation, for example on the basis of an arrest or charge made abroad in relation to their Acquisition.
Art. International cooperation for the purpose of confiscation

1. As far as possible within the framework of its internal legal system, a State Party which has received from another State Party having jurisdiction to deal with an offence established in accordance with this Convention a request for confiscation of the Proceeds of crime, property, material or other instruments referred to in s. 1 of the art. 31 of this Convention, which are situated on its territory:

(a)
Forwards the request to its competent authorities for the purpose of issuing a confiscation order and, if it intervenes, to enforce it; or
(b)
Shall transmit to its competent authorities, in order to be carried out within the limits of the application, the decision of confiscation taken by a court located in the territory of the requesting State Party in accordance with par. 1 of the art. 31 et al. A from s. 1 of the art. 54 of this Convention, in so far as it relates to the proceeds of crime, property, materials or other instruments referred to in s. 1 of the art. 31, which are located on its territory.

(2) Where an application is made by another State Party which has jurisdiction over an offence established in accordance with this Convention, the requested State Party shall take measures to identify, locate and freeze or seize the product of the Crime, property, materials or other instruments referred to in s. 1 of the art. 31 of this Convention, for subsequent confiscation to be ordered by either the requesting State Party or, as a result of a request under subs. 1 of this Article, by the requested State Party.

3. The provisions of s. 46 of this Convention shall apply Mutatis mutandis In this article. In addition to the information referred to in s. 15 of art. 46, requests made pursuant to this section shall contain:

(a)
Where the application falls under para. A from s. 1 of this article, a description of the property to be confiscated, including, to the extent possible, the place where the goods are located and, where appropriate, their estimated value and a statement of the facts on which the requesting State Party is based. Be sufficient to enable the requested State Party to request a confiscation order on the basis of its domestic law;
(b)
Where the application falls under para. B at par. 1 of this Article, a legally admissible copy of the confiscation order originating from the requesting State Party on which the application is based, a statement of the facts and information indicating within which limits it is requested to execute The decision, a declaration specifying the measures taken by the requesting State Party to properly notify third parties in good faith and to ensure due process, and a declaration that the confiscation order is final;
(c)
Where the application is under s. 2 of this Article, a statement of the facts on which the requesting State Party is based and a description of the measures requested and, where available, a legally admissible copy of the decision on which the application is based.

4. Decisions or measures provided for in s. 1 and 2 of this Article shall be taken by the requested State Party in accordance with its domestic law and subject to the provisions of that right, and in accordance with its rules of procedure or any bilateral or multilateral agreement or arrangement linking it to The requesting State Party.

5. Each State Party shall provide to the Secretary-General of the United Nations a copy of its laws and regulations which give effect to this Article and a copy of any subsequent amendment to those laws and regulations or a copy thereof. A description of these laws, regulations and subsequent amendments.

6. If a State Party decides to make the measures referred to in subs. 1 and 2 of this article to the existence of a treaty in this respect, it considers this Convention to be a necessary and sufficient treaty basis.

7. Cooperation under this Article may also be refused or provisional measures may be lifted if the requested State Party does not receive sufficient evidence in due time or if the property is of minimal value.

8. Before lifting any precautionary measure taken in accordance with this Article, the requested State Party shall, where possible, give the requesting State Party the right to present its arguments in favour of maintaining the measure.

9. The provisions of this Article shall not be construed as infringing the rights of bona fide third parties.

Art. 56 Special cooperation

Without prejudice to its domestic law, each State Party shall endeavour to take measures enabling it, without prejudice to its own investigations, prosecutions or judicial proceedings, to communicate, without prior application, to another State Party of the Information on the proceeds of offences established in accordance with this Convention when it considers that the disclosure of such information could assist the said State Party to initiate or conduct an investigation, prosecution or judicial proceedings Or may lead to the submission by that State Party of an application under the Chapter of the Convention.

Art. 57 Return and disposition of assets

1. A State Party having confiscated property pursuant to s. 31 or 55 of the present Convention, including by returning them to their previous lawful owners, pursuant to subs. 3 of this Article and in accordance with the provisions of this Convention and its domestic law.

(2) Each State Party shall adopt, in accordance with the fundamental principles of its domestic law, the legislative and other measures necessary to enable its competent authorities to return confiscated property, when it acts at 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 Art. 46 and 55 of this Convention and paras. 1 and 2 of this Article, the requested State Party shall:

(a)
In the case of the removal of public funds or money laundering from public funds, referred to in s. 17 and 23 of this Convention, where the confiscation has been carried out in accordance with art. 55 and on the basis of a final judgment delivered in the requesting State Party, which may be waived, shall return the property confiscated to the requesting State Party;
(b)
In the case of the proceeds of any other offence covered by this Convention, where the confiscation has been carried out in accordance with Art. 55 of this Convention and on the basis of a final judgment in the requesting State Party, to which it may waive, shall surrender the property confiscated to the requesting State Party, where the requesting State Party provides reasonable evidence of its Prior ownership of such property to the requested State Party or where the latter acknowledges injury to the requesting State Party as a basis for the return of confiscated property;
(c)
In all other cases, priority should be given to returning confiscated property to the requesting State Party, returning it to its rightful owners, or compensating victims of the crime.

4. Where applicable, and unless the States Parties otherwise decide, the requested State Party may deduct reasonable expenses incurred for the investigation, prosecution or judicial proceedings leading to the return or disposal of the property Forfeited pursuant to this section.

5. Where appropriate, States Parties may also consider in particular to conclude, on a case-by-case basis, mutually acceptable agreements or arrangements for the final disposal of confiscated property.

Art. Financial Intelligence Service

The States Parties shall cooperate with a view to preventing and combating the transfer of the proceeds of the offences established in accordance with this Convention, as well as to promote the means to recover that product and, for that purpose, shall consider establishing A financial intelligence service that will be responsible for receiving, analyzing and communicating suspicious financial transaction reports to the competent authorities.

Art. Bilateral and multilateral agreements and arrangements

States Parties shall consider concluding bilateral or multilateral agreements or arrangements in order to enhance the effectiveness of international cooperation established pursuant to this chapter of the Convention.

Chapter VI Technical assistance and information exchange

Art. 60 Training and technical assistance

Each State Party shall establish, develop or improve, to the extent necessary, specific training programmes for its personnel responsible for preventing and combating corruption. These programs could include the following:

(a)
Effective measures for the prevention, detection, investigation, suppression and control of corruption, including the use of evidence-gathering and investigational methods;
(b)
Capacity-building for developing and planning anti-corruption strategies;
(c)
Training of 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 finance (including public procurement), and the private sector;
(e)
Prevention of transfers of proceeds of offences established in accordance with this Convention, combating such transfers, and recovery of this product;
(f)
Detection and freezing of transfers of proceeds of offences established in accordance with this Convention;
(g)
Monitoring of movements of proceeds of offences established in accordance with this Convention, as well as methods of transfer, concealment or disguise of this product;
(h)
Appropriate and effective judicial and administrative mechanisms and methods to facilitate the return of proceeds of offences established in accordance with this Convention;
(i)
Methods for the protection of victims and witnesses who cooperate with judicial authorities; and
(j)
Training in national and international regulations and language training.

2. States Parties shall consider, in their national anti-corruption plans and programmes, the widest possible technical assistance, in particular for the benefit of developing countries, including support Material and training in the areas mentioned in par. 1 of this article, as well as training and assistance, and the mutual exchange of relevant experience and expertise, which will facilitate international cooperation among States Parties in the fields of Extradition and mutual legal assistance.

States Parties shall strengthen, to the extent necessary, the measures taken to optimize operational and training activities within international and regional organizations and within the framework of agreements or arrangements Relevant bilateral and multilateral issues.

4. States Parties shall consider assisting each other, upon request, in conducting assessments, studies and research on the types, causes, effects and costs of corruption in their territory, with a view to developing, with participation The competent authorities and society, strategies and action plans to combat corruption.

5. In order to facilitate the recovery of proceeds of offences established in accordance with this Convention, States Parties may cooperate by communicating the names of experts who may assist in achieving this objective.

6. States Parties shall consider the use of subregional, regional and international conferences and seminars to promote cooperation and technical assistance and to stimulate exchanges of views on common problems, including Specific problems and needs of developing countries and countries with economies in transition.

States Parties shall consider establishing mechanisms of a voluntary nature with a view to providing financial assistance, through programmes and technical assistance projects, to the efforts of developing countries and countries with economies in transition for Apply this Convention.

8. Each State Party shall consider making voluntary contributions to the United Nations Office on Drugs and Crime in order to encourage, through the latter, programmes and projects in developing countries aimed at Apply this Convention.

Art. 61 Collection, exchange and analysis of information on corruption

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

2. States Parties shall consider developing and sharing, directly with each other and through international and regional organizations, their statistics and analytical knowledge of corruption and information in To develop, to the extent possible, common definitions, standards and methods, and information on best practices to prevent and combat corruption.

Each State Party shall consider ensuring the monitoring of its policies and concrete measures to combat corruption and evaluate their implementation and effectiveness.

S. 62 Other measures: implementation of the Convention through economic development and technical assistance

States Parties shall take measures to ensure the optimal application 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 develop their cooperation at different levels with developing countries, with a view to enhancing their capacity to prevent and combat corruption;
(b)
To increase financial and material assistance to developing countries in their efforts to effectively prevent and combat corruption and to assist them in the implementation of the present Convention;
(c)
To provide technical assistance to developing countries and countries with economies in transition to assist them in meeting their needs for the implementation of this Convention. To this end, States Parties shall endeavour to make voluntary and adequate contributions to an account established for that purpose within the framework of a United Nations funding mechanism. States Parties may also consider in particular, in accordance with their domestic law and the provisions of this Convention, to pay to that account a percentage of the funds or the corresponding value of proceeds of crime or property Confiscated in accordance with the provisions of this Convention;
(d)
To encourage and engage other States and financial institutions, as appropriate, to join in their efforts in accordance with this article, in particular by benefiting developing countries from more programmes Training and modern equipment to help them achieve the objectives of this Convention.

As far as possible, these measures are taken without prejudice to existing commitments in the field of external assistance or other arrangements for financial cooperation at bilateral, regional or international level.

States Parties may conclude bilateral or multilateral agreements or arrangements on material and logistical assistance, taking into account the financial arrangements necessary to ensure the effectiveness of the means of cooperation To prevent, detect and combat corruption.

Chapter VII Implementing mechanisms

S. 63 Conference of States Parties to the Convention

1. A Conference of the States Parties to the Convention shall be established to improve the capacity of the States Parties to achieve the objectives set out in this Convention and to strengthen their cooperation to that effect and to promote and examine The application of this Convention.

2. The Secretary-General of the United Nations shall convene the Conference of the States Parties no later than one year after the entry into force of this Convention. Thereafter, the Conference of the States Parties shall hold regular meetings in accordance with the rules of procedure adopted by the Conference of the Parties.

The Conference of the States Parties shall adopt a rules of procedure and rules governing the operation of the activities set out in this Article, including rules on the admission and participation of observers and the financing of Expenses incurred in connection with these activities.

4. The Conference of the States Parties shall adopt activities, procedures and methods of work in order to achieve the objectives set out in par. 1 of this article, in particular:

(a)
It facilitates the activities carried out by States Parties under Art. 60 and 62 and chap. II to V of the present Convention, including by encouraging the mobilization of voluntary contributions;
(b)
Facilitates the exchange of information among States Parties on the characteristics and trends of corruption and effective practices to prevent and combat corruption and to return the proceeds of crime, in particular through the publication of Relevant information referred to in this Article;
(c)
Cooperating with regional and international organizations and mechanisms, and relevant non-governmental organizations;
(d)
It appropriately uses relevant information produced by other international and regional mechanisms to combat and prevent corruption in order to avoid unnecessary duplication of activities;
(e)
It shall periodically examine the implementation of this Convention by the States Parties;
(f)
It makes recommendations for the improvement of this Convention and its implementation;
(g)
It takes note of the technical assistance needs of the States Parties with regard to the implementation of this Convention and recommends the measures it may deem necessary in this regard.

5. For the purposes of s. 4 of this Article, the Conference of the States Parties shall take note of the measures taken and the difficulties encountered by the States Parties in applying this Convention by using the information provided by them and by means of the Additional review mechanisms that it may establish.

6. Each State Party shall communicate to the Conference of the States Parties, as required, information on its programmes, plans and practices, as well as its legislative and administrative measures to implement this Convention. The Conference of the States Parties shall consider the most effective means of receiving and responding to information, including, inter alia, States Parties and relevant international organizations. Contributions received from competent non-governmental organizations, duly accredited in accordance with the procedures to be adopted by the Conference of the States Parties, may also be taken into account.

7. In accordance with paras. 4 to 6 of this article, the Conference of the States Parties shall, if it deems it necessary, establish any appropriate mechanism or body to facilitate the effective implementation of the Convention.

Art. 64 Secretariat

The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the States Parties to the Convention.

2. The secretariat:

(a)
Helps the Conference of the States Parties to carry out the activities set out in Art. 63 of this Convention, shall make arrangements and provide the necessary services for the sessions of the Conference of the States Parties;
(b)
Shall assist States Parties, upon their request, to provide information to the Conference of the States Parties as provided for in paras. 5 and 6 of art. 63 of this Convention; and
(c)
Ensures the necessary coordination with the secretariat of relevant regional and international organizations.

Chapter VIII Final provisions

Art. Implementation of the Convention

(1) Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with the fundamental principles of its domestic law, to ensure the fulfilment of its obligations under this Convention.

(2) Each State Party may take more stringent or stricter measures than those provided for in this Convention in order to prevent and combat corruption.

Art. 66 Dispute Settlement

States Parties shall endeavour to settle disputes concerning the interpretation or application of this Convention by negotiation.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled by negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to Arbitration. If, within six months of the date of the request for arbitration, the States Parties cannot agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice in A 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 to it, declare that it does not consider itself bound by s. 2 of this article. The other States Parties shall not be bound by s. 2 of this Article to any State Party having issued such a reservation.

4. Any State Party that has issued a reservation under s. 3 of this article may withdraw it at any time by sending a notification to the Secretary-General of the United Nations.

Art. 67 Signature, ratification, acceptance, approval and accession

This Convention shall be open for signature by all States from 9 to 11 December 2003 in Mérida, Mexico, and thereafter at United Nations Headquarters in New York until 9 December 2005.

2. This Convention shall also be open for signature by regional economic integration organisations on the condition that at least one Member State of such an organisation has signed it in accordance with par. 1 of this article.

3. This Convention shall be subject to ratification, acceptance or approval. 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 so. In this instrument of ratification, acceptance or approval, this Organization shall declare the extent of its competence in matters governed by this Convention. It shall also inform the depositary of any relevant changes in the scope of its competence.

(4) This Convention shall be open for accession by any State or regional economic integration organization of which at least one Member State is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of accession, a regional economic integration organization shall declare the extent of its competence in matters governed by this Convention. It shall also inform the depositary of any relevant changes in the scope of its competence.

Art. 68 Entry into force

(1) This Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For the purposes of this paragraph, none of the instruments deposited by a regional economic integration organization shall be considered as an instrument in addition to the instruments already deposited by the member States of that organization.

2. For each State or regional economic integration organization which will ratify, accept or approve this Convention or accede to it after the deposit of the thirtieth relevant instrument, this Convention shall enter into force the thirtieth Day after the date of deposit of the relevant instrument by that State or organization or on the date on which it enters into force in accordance with paragraph 1. 1 of this article, if the article is later.

Art. 69 Amendment

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. The latter shall then communicate the proposed amendment to the States Parties and to the Conference of the States Parties to the Convention for the consideration of the proposal and the adoption of a decision. The Conference of the States Parties shall make every effort to reach a consensus on any amendment. If all such efforts have been exhausted without agreement, it will be necessary, as a last resort, for the amendment to be adopted, a vote by a two-thirds majority of the States Parties present at the Conference of the States Parties and Expressing their vote.

2. Regional economic integration organizations shall have, in order to exercise, under this Article, their right to vote in matters falling within their competence, with a number of votes equal to the number of their member States Parties to the Present Convention. They shall not exercise their right to vote if their member states exercise theirs, and vice versa.

3. An amendment adopted in accordance with paragraph 3. 1 of this Article shall be subject to ratification, acceptance or approval by the States Parties.

4. An amendment adopted in accordance with paragraph 1. 1 of this Article 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 shall be binding on the States Parties which have expressed their consent to be bound by it. The other States Parties shall remain bound by the provisions of this Convention and any earlier amendments which they have ratified, accepted or approved.

Art. Denunciation

1. A State Party may denounce this Convention by written notification addressed 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 its member States have denounced it.

Art. Depositary and Languages

The Secretary-General of the United Nations shall be the depositary of this Convention.

2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

In witness whereof, The undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.

(Suivent signatures)

Scope of application May 8, 2014 8

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

Afghanistan

August 25

2008

24 September

2008

South Africa *

22 November

2004

14 December

2005

Albania

25 May

2006

24 June

2006

Algeria *

August 25

2004

14 December

2005

Angola

29 August

2006

28 September

2006

Antigua and Barbuda

21 June

2006 A

July 21

2006

Saudi Arabia *

29 April

2013

29 May

2013

Argentina

August 28

2006

27 September

2006

Armenia

8 March

2007 A

7 April

2007

Australia

7 December

2005

6 January

2006

Austria

11 January

2006

10 February

2006

Azerbaijan *

1 Er November

2005

1 Er December

2005

Bahamas *

10 January

2008 A

February 9

2008

Bahrain *

5 October

2010

4 November

2010

Bangladesh *

February 27

2007 A

March 29

2007

Belarus

17 February

2005

14 December

2005

Belgium *

September 25

2008

25 October

2008

Benin

14 October

2004

14 December

2005

Bolivia

5 December

2005

4 January

2006

Bosnia and Herzegovina

26 October

2006

25 November

2006

Botswana

27 June

2011 A

27 July

2011

Brazil

15 June

2005

14 December

2005

Brunei *

2 December

2008

1 Er January

2009

Bulgaria

September 20

2006

20 October

2006

Burkina Faso

10 October

2006

9 November

2006

Burundi

10 March

2006 A

April 9

2006

Cambodia

September 5

2007 A

5 October

2007

Cameroon

February 6

2006

8 March

2006

Canada *

2 October

2007

1 Er November

2007

Cape Verde

April 23

2008

23 May

2008

Chile

13 September

2006

13 October

2006

China *

13 January

2006

12 February

2006

Hong Kong

13 January

2006

12 February

2006

Macao

13 January

2006

12 February

2006

Cyprus

23 February

2009

25 March

2009

Colombia *

27 October

2006

26 November

2006

Comoros

11 October

2012

10 November

2012

Congo (Brazzaville)

July 13

2006 A

August 12

2006

Congo, Kinshasa

23 September

2010 A

23 October

2010

Korea (South)

March 27

2008

April 26

2008

Costa Rica

21 March

2007

20 April

2007

Côte d' Ivoire

25 October

2012

24 November

2012

Croatia

24 April

2005

14 December

2005

Cuba *

February 9

2007

March 11

2007

Denmark A

26 December

2006

25 January

2007

Djibouti

20 April

2005

14 December

2005

Dominica

28 May

2010 A

27 June

2010

Egypt

25 February

2005

14 December

2005

El Salvador *

1 Er July

2004

14 December

2005

United Arab Emirates *

22 February

2006

24 March

2006

Ecuador

September 15

2005

14 December

2005

Spain *

19 June

2006

19 July

2006

Estonia

12 April

2010 A

12 May

2010

United States *

30 October

2006

30 November

2006

Ethiopia *

26 November

2007

26 December

2007

Fiji

14 May

2008 A

13 June

2008

Finland

20 June

2006

July 20

2006

France

July 11

2005

14 December

2005

Gabon

1 Er October

2007

October 31

2007

Georgia *

4 November

2008 A

4 December

2008

Ghana

27 June

2007

27 July

2007

Greece *

September 17

2008

17 October

2008

Guatemala

3 November

2006

3 December

2006

Guinea

29 May

2013

28 June

2013

Guinea-Bissau

10 September

2007 A

10 October

2007

Guyana

April 16

2008 A

May 16

2008

Haiti

September 14

2009

14 October

2009

Honduras

23 May

2005

14 December

2005

Hungary

19 April

2005

14 December

2005

Cook Islands

17 October

2011

16 November

2011

Marshall Islands

17 November

2011 A

17 December

2011

India *

9 May

2011

8 June

2011

Indonesia *

19 September

2006

19 October

2006

Iran *

20 April

2009

20 May

2009

Iraq

March 17

2008 A

April 16

2008

Ireland

9 November

2011

9 December

2011

Iceland

1 Er March

2011 A

March 31

2011

Israel *

4 February

2009

6 March

2009

Italy

5 October

2009

4 November

2009

Jamaica

March 5

2008

April 4

2008

Jordan

24 February

2005

14 December

2005

Kazakhstan *

18 June

2008 A

17 July

2008

Kenya

9 December

2003

14 December

2005

Kyrgyzstan

16 September

2005

14 December

2005

Kiribati

27 September

2013 A

27 October

2013

Kuwait *

February 16

2007

18 March

2007

Laos *

September 25

2009

25 October

2009

Lesotho

16 September

2005

15 December

2005

Latvia

4 January

2006

3 February

2006

Lebanon

22 April

2009 A

22 May

2009

Liberia

16 September

2005 A

October 16

2005

Libya

7 June

2005

14 December

2005

Liechtenstein

July 8

2010

7 August

2010

Lithuania

21 December

2006

20 January

2007

Luxembourg

6 November

2007

6 December

2007

Macedonia

13 April

2007

13 May

2007

Madagascar

22 September

2004

14 December

2005

Malaysia *

24 September

2008

24 October

2008

Malawi

4 December

2007

3 January

2008

Maldives

22 March

2007 A

April 21

2007

Mali

18 April

2008

18 May

2008

Malta *

April 11

2008

11 May

2008

Morocco

9 May

2007

8 June

2007

Mauritius

15 December

2004

14 December

2005

Mauritania

25 October

2006 A

24 November

2006

Mexico

July 20

2004

14 December

2005

Micronesia

21 March

2012 A

20 April

2012

Moldova *

1 Er October

2007

October 31

2007

Mongolia

11 January

2006

10 February

2006

Montenegro

23 October

2006 S

3 June

2006

Mozambique *

April 9

2008

9 May

2008

Myanmar

20 December

2012

19 January

2013

Namibia

August 3

2004

14 December

2005

Nauru

July 12

2012 A

August 11

2012

Nepal *

March 29

2011

28 April

2011

Nicaragua

February 15

2006

March 17

2006

Niger

August 11

2008 A

10 September

2008

Nigeria

14 December

2004

14 December

2005

Norway

29 June

2006

July 29

2006

Oman

9 January

2014 A

February 8

2014

Uganda

9 September

2004

14 December

2005

Uzbekistan *

July 29

2008 A

August 28

2008

Pakistan *

August 31

2007

September 30

2007

Palau

24 March

2009 A

April 23

2009

Palestine

2 April

2014 A

2 May

2014

Panama *

23 September

2005

14 December

2005

Papua New Guinea

July 16

2007

August 15

2007

Paraguay *

1 Er June

2005

14 December

2005

Country-Bas** B

October 31

2006

30 November

2006

Caribbean (Bonaire, Sint Eustatius and Saba)

10 October

2010

10 October

2010

Peru

16 November

2004

14 December

2005

Philippines

8 November

2006

8 December

2006

Poland

September 15

2006

15 October

2006

Portugal

28 September

2007

28 October

2007

Qatar *

30 January

2007

1 Er March

2007

Central African Republic

6 October

2006

5 November

2006

Dominican Republic

26 October

2006

25 November

2006

Czech Republic

29 November

2013

29 December

2013

Romania

2 November

2004

14 December

2005

United Kingdom

February 9

2006

March 11

2006

Guernsey

9 November

2009

9 November

2009

Isle of Man

9 November

2009

9 November

2009

British Virgin Islands

12 October

2006

12 October

2006

Jersey

9 November

2009

9 November

2009

Russia *

9 May

2006

8 June

2006

Rwanda

4 October

2006

3 November

2006

Saint Lucia

18 November

2011 A

18 December

2011

Solomon Islands

6 January

2012 A

5 February

2012

Sao Tome and Principe

12 April

2006

12 May

2006

Senegal

16 November

2005

16 December

2005

Serbia

20 December

2005

19 January

2006

Seychelles

March 16

2006

15 April

2006

Singapore *

6 November

2009

6 December

2009

Sierra Leone

September 30

2004

14 December

2005

Slovakia

1 Er June

2006

1 Er July

2006

Slovenia

1 Er April

2008 A

1 Er May

2008

Sri Lanka

March 31

2004

14 December

2005

Sweden

September 25

2007

25 October

2007

Switzerland

24 September

2009

24 October

2009

Swaziland

24 September

2012

24 October

2012

Tajikistan

September 25

2006 A

25 October

2006

Tanzania

25 May

2005

14 December

2005

Thailand *

1 Er March

2011

March 31

2011

Timor-Leste

March 27

2009

April 26

2009

Togo

July 6

2005

14 December

2005

Trinidad and Tobago

May 31

2006

30 June

2006

Tunisia *

23 September

2008

23 October

2008

Turkmenistan

28 March

2005 A

14 December

2005

Turkey

9 November

2006

9 December

2006

Ukraine

2 December

2009

1 Er January

2010

European Union *

12 November

2008

12 December

2008

Uruguay

10 January

2007

February 9

2007

Vanuatu

July 12

2011 A

August 11

2011

Venezuela *

2 February

2009

March 4

2009

Vietnam *

19 August

2009

18 September

2009

Yemen *

7 November

2005

14 December

2005

Zambia

7 December

2007

6 January

2008

Zimbabwe

8 March

2007

7 April

2007

*

Reservations and declarations.

(the * of the above application does not include declarations by States parties concerning art. 6, para. 3, art. 44, para. 6, para. (a) and art. 46, para. 13 and 14). Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

**

Objections

Reservations, declarations and objections, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

The Convention does not apply to the Federate Islands and Greenland.

B

For the Kingdom in Europe.


Statements by Switzerland

The central authority designated by Switzerland to receive requests for mutual legal assistance, pursuant to s. 46, para. 13, of this convention is: Federal Office of Justice, CH-3003 Berne.

Pursuant to Art. 46, para. 14 of the Convention, requests for mutual legal assistance and the documents attached to it must be sent to Switzerland at the same time as their certified translation into French, German or Italian, if they have not been established in the Of these languages.


RO 2009 5467 ; FF 2007 6931


1 RO 2009 5465
2 See E/1996/99.
3 Official Journal of the European Communities, C 195, 25 June 1997.
4 See Corruption and Integrity Improvement Initiatives in Developing Countries (United Nations publication, Sales No. E. 98.III.B. 18).
5 Council of Europe, European Treaty Series, N O 173. RS 0.311.55
6 Ibid., n O 174.
7 General Assembly resolution 55/25, annex I. RS 0.311.54
8 RO 2009 5467 , 2010 87, 2012 903, 2013 1269, 2014 1193. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on May 8, 2014