Key Benefits:
Original text
(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:
The purpose of this Convention is:
For the purposes of this Convention:
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.
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.
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.
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:
(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.
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:
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.
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.
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:
(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:
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.
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:
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.
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:
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:
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.
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:
(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.
1. Each State Party:
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:
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.
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:
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.
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.
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:
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.
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.
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:
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.
(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:
2. For the purposes of applying s. 1 of this article:
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.
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:
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.
(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.
The knowledge, intent or motivation necessary as elements of an offence established in accordance with this Convention may be inferred from objective factual circumstances.
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.
(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:
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.
(1) Each State Party shall take, as far as possible within the framework of its internal legal system, the measures necessary to enable confiscation:
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.
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:
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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:
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:
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.
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.
(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:
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.
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.
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:
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:
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:
11. For purposes of s. 10 of this article:
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:
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:
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:
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.
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.
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:
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.
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.
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.
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.
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:
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.
Each State Party, in accordance with its domestic law:
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:
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:
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:
(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:
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.
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.
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:
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.
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.
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.
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:
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.
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.
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:
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.
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:
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.
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:
(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.
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.
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.
(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.
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.
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.
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)
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. |
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** |
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. |
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A |
The Convention does not apply to the Federate Islands and Greenland. |
|||
B |
For the Kingdom in Europe. |
|||
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.
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).