For the purposes of this Convention:

A.

The term "public official" is interpreted by reference to the definition of "official", "public officer", "mayor", "minister" or "judge" in the national law of the State in which the person in question performs that function and as it is Applied in its criminal law;

B.

The term "judge" in para. A above includes members of the Public Prosecutor's Office and persons exercising judicial functions;

C.

In the case of proceedings involving a public official of another State, the prosecuting State may apply the definition of public official only to the extent that that definition is compatible with its national law;

D.

"Legal entity" means any entity having this status under the applicable national law, with the exception of States or other public entities in the exercise of their powers of public authority and international organizations Public.

Each Party shall adopt such legislative and other measures as may be necessary to establish a criminal offence, in accordance with its domestic law, where the act was committed intentionally, proposing, offering or giving, directly Or indirectly, any unfair advantage to one of its public officials, for himself or for another person, to carry out or refrain from performing an act in the performance of his or her duties.

Each Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, where the act was committed intentionally, the fact for one of its public officials to solicit or To receive, directly or indirectly, any unfair advantage to himself or someone else, or to accept the offer or promise to carry out or refrain from performing an act in the performance of his or her duties.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in s. 2 and 3 when they involve any person who is a member of any national public assembly exercising legislative or administrative powers.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in s. 2 and 3 when they involve a public official of any other State.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in s. 2 and 3 when they involve any person who is a member of any public assembly exercising legislative or administrative powers of any other State.

Each Party shall adopt such legislative and other measures as may be necessary to establish a criminal offence, in accordance with its domestic law, where the act was committed intentionally, in the course of a commercial activity, by Promise to offer or give, directly or indirectly, any unfair advantage to any person who directs or works for a private sector entity, for itself or for someone else, for the purpose of performing or refraining from performing a Act in violation of his duties.

Each Party shall adopt such legislative and other measures as may be necessary to establish a criminal offence, in accordance with its domestic law, where the act was committed intentionally, in the course of a commercial activity, Any person who directs or works for a private sector entity to solicit or receive, directly or through third parties, an unfair advantage or to accept the offer or promise, for itself or for someone else, in order to She performs or refrains from performing an act in violation of her duties.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in s. 2 and 3 when they involve any person who has the status of civil servant or contract agent, within the meaning of the Staff Regulations, of any international or supranational public organisation of which the Party is a member, and any person, Whether or not it is seconded to such an organization, which performs functions corresponding to those of such officials or agents.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in s. 4 when they involve any person who is a member of a parliamentary assembly of an international or supranational organisation of which the Party is a member.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in s. 2 and 3 when they involve any person exercising judicial functions in an international court whose jurisdiction is accepted by the Party or any official at the Registry of such a court.

Each Party shall adopt such legislative and other measures as may be necessary to establish a criminal offence, in accordance with its domestic law, where the act was committed intentionally, proposing, offering or giving, directly Or indirectly, any undue advantage as remuneration to any person who asserts or confirms that he or she is capable of influencing the decision-making of any person referred to in s. 2, 4 to 6 and 9 to 11, whether the unfair advantage is for himself or for someone else, as well as soliciting, receiving or accepting the offer or promise as remuneration for that influence, whether or not the influence is exercised Or whether the intended influence produces the desired result.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in the Council of Europe Convention on Laundering, Screening, Seizure and confiscation of the proceeds of crime (ETS n ^O 141), art. 6, para. 1 and 2, as prescribed, where the predicate offence is one of the offences established under s. 2 to 12 of this Convention, to the extent that the Party has not made a reservation or declaration in respect of such offences or does not consider such offences to be serious offences under the legislation on money laundering Money.

Each Party shall adopt such legislative and other measures as may be necessary to establish an offence punishable by criminal sanctions or other types of sanctions, in accordance with its domestic law, when committed intentionally, The following acts or omissions, intended to commit, conceal or disguise offences covered by s. 2 to 12, to the extent that the Party has not made a reservation or declaration:

A.

Establish or use an invoice or other accounting document or writing that contains false or incomplete information;

B.

Unlawfully omit to account for a payment.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, any act of complicity in any of the criminal offences established under this Convention.

The provisions of this Convention shall not affect the provisions of any treaty, protocol or status, as well as their implementing texts, with regard to the waiver of immunity.

Each Party shall adopt such legislative and other measures as may be necessary to establish its jurisdiction in relation to a criminal offence established under s. 2 to 14 of this Convention, where:

A.

The offence is committed in whole or in part in its territory;

B.

The offender is one of its nationals, one of its public officials or one of its members of national public assemblies;

C.

The offence involves one of its public officials or members of its national public assemblies or any person referred to in s. 9 to 11, which at the same time is one of its nationals.

(2) Each State may, at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, in a declaration addressed to the Secretary General of the Council of Europe, specify that it reserves the right to Not apply, or apply only in specific cases or conditions, the rules of jurisdiction defined in s. 1 b and c of this Article or any part thereof.

3. Where a Party has made use of the reserve opportunity provided for in s. 2 of this Article, it shall adopt such measures as may be necessary to establish its jurisdiction in relation to criminal offences established under this Convention when the alleged offender is present on his And may not be extradited to another Party on the sole basis of his or her nationality, after a request for extradition.

(4) This Convention shall not exclude the exercise by a Party of any criminal jurisdiction established in accordance with its domestic law.

Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons may be held responsible for the offences of active bribery, trafficking in influence and money laundering. Capital established under this Convention, where they are committed on their behalf by any natural person, acting either individually or as a member of a body of the legal person, who exercises executive power in Its breast, on the following bases:

-

A power of representation of the corporation; or

-

An authority to make decisions on behalf of the corporation; or

-

An authority to exercise control within the corporation;

As well as the participation of such a natural person as an accomplice or instigator in the commission of the offences mentioned above.

2. Apart from the cases already provided for in subs. 1, each Party shall take the necessary measures to ensure that a legal person may be held liable where the absence of supervision or control by a natural person referred to in s. 1 has made possible the commission of the offences referred to in s. 1 for the said legal person by a natural person subject to his or her authority.

3. The liability of the legal person under s. 1 and 2 does not exclude criminal proceedings against natural persons who are perpetrators, instigators or accomplices of the offences referred to in s. 1.

1. In view of the seriousness of the criminal offences established under this Convention, each Party shall provide, in respect of offences established in accordance with Art. 2 to 14, sanctions and effective, proportionate and dissuasive measures, including, where they are committed by natural persons, deprivation of liberty that may give rise to extradition.

(2) Each Party shall ensure that in the event of liability established under s. 18, para. 1 and 2, legal persons are liable to effective, proportionate and dissuasive penalties of a criminal or non-criminal nature, including monetary penalties.

Each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instruments and proceeds of criminal offences established under this Convention, or Goods whose value corresponds to these products.

Each Party shall adopt such measures as may be necessary for persons or entities to be specialised in the fight against corruption. They will have the necessary independence, within the framework of the fundamental principles of the legal system of the Party, in order to be able to carry out their functions effectively and free from any unlawful pressure. The Parties shall ensure that the staff of such entities have adequate training and financial resources for the functions they perform.

Each Party shall adopt appropriate measures which are necessary to ensure that public authorities, as well as any public official, cooperate, in accordance with national law, with the investigating and prosecuting authorities Criminal offences:

A.

Informing the authorities in question, on their own initiative, where there are reasonable grounds to consider one of the criminal offences established under s. 2 to 14 was committed; or

B.

By providing, upon request, all necessary information to the authorities in question.

Each Party shall adopt such legislative and other measures as may be necessary to ensure effective and appropriate protection:

A.

Persons who provide information concerning criminal offences established under s. 2 to 14 or otherwise cooperate with the investigating or prosecuting authorities;

B.

Witnesses who give evidence of such offences.

Each Party shall adopt legislative and other measures, including those enabling the use of special investigative techniques in accordance with national law, which are necessary to facilitate the collection of evidence Relating to criminal offences established under s. 2 to 14 and to enable it to identify, search for, freeze and seize the instruments and proceeds of corruption or goods whose value corresponds to those products, which may be subject to measures under s. 3 of Art. 19 of this Convention.

2. Each Party shall adopt such legislative and other measures as may be necessary to enable its courts or other competent authorities to order the communication or seizure of bank, financial or commercial records for the purpose of Implement the measures referred to in s. 1 of this article.

3. Banking secrecy does not constitute an obstacle to the measures defined in s. 1 and 2 of this article.

The Group of States against Corruption (GRECO) shall monitor the implementation of this Convention by the Parties.

The Parties shall cooperate, in accordance with the provisions of the relevant international instruments on international cooperation in criminal matters or in the arrangements established on the basis of uniform or reciprocal legislation and their rights And, to the fullest extent possible, for the purposes of investigations and proceedings concerning criminal offences falling within the scope of this Convention.

2. Where no international instrument or arrangement among those referred to in par. 1 above is not in force between the Parties, s. 26 to 31 of this Chapter shall apply.

3. Art. 26 to 31 of this Chapter shall also apply where they are more favourable than the provisions contained in the international instruments or arrangements referred to in subs. 1 above.

1. The Parties shall afford the widest measure of mutual assistance to deal without delay with requests from the authorities empowered, under their national laws, to investigate or prosecute criminal offences falling within the scope of the Of the application of this Convention.

2. Self-help within the meaning of s. 1 of this article may be refused if the requested Party considers that access to the application would be such as to prejudice its fundamental interests, national sovereignty, national security or public order.

3. The Parties shall not rely on bank secrecy to justify their refusal to cooperate under this Chapter. Where required by its domestic law, a Party may require that a request for cooperation involving the lifting of banking secrecy be authorized, either by a judge or by another judicial authority, including the public prosecutor, such authorities In relation to criminal offences.

1. Criminal offences falling within the scope of this Convention shall be considered as included in any extradition treaty in force between the Parties as extraditable offences. The Parties undertake to include such offences in any extradition treaty that they conclude as extraditable offences.

(2) If a Party which makes extradition conditional on the existence of a treaty receives a request for the extradition of a Party with which it has not concluded such a treaty, it may consider this Convention as the legal basis for extradition for All offences established in accordance with this Convention.

3. Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences established in accordance with this Convention as extraditable offences.

4. Extradition shall be subject to the conditions laid down by the law of the requested Party or by the applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.

5. If the extradition requested by reason of an offence established in accordance with this Convention is refused solely on the basis of the nationality of the person who is the subject of the request, or because the requested Party considers itself competent In this case, the requested Party shall submit the case to its competent authorities for the purpose of prosecution, except where other provisions have been agreed with the requesting Party, and shall inform it in due time of the final result.

Without prejudice to its own investigations or proceedings, a Party may, without prior request, communicate factual information to another Party where it considers that the disclosure of such information is likely to assist the A beneficiary Party to initiate or conduct investigations or prosecutions relating to offences established under this Convention or is likely to result in a request by that Party within the meaning of this Chapter.

1. The Parties shall designate a central authority or, if necessary, a number of central authorities responsible for sending requests under this Chapter, responding to them, carrying out or transmitting them to the competent authorities To run them.

2. Each Party shall communicate to the Secretary General of the Council of Europe, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, the name and address of the designated authorities In application of s. 1 of this article.

1. Central authorities communicate directly with each other.

(2) In the event of an emergency, requests for mutual legal assistance or communications may be sent directly by the judicial authorities, including the public prosecutor, of the requesting Party to such authorities of the requested Party. In such a case, a copy must be sent simultaneously to the central authority of the requested Party through the central authority of the requesting Party.

3. Any request or communication made pursuant to s. 1 and 2 of this article may be submitted through the International Criminal Police Organization (Interpol).

4. If an application is made under s. 2 of this Article and if the competent authority is not competent to act on it, it shall forward it to the competent authority of its country and shall inform the requesting Party directly.

5. Applications or communications under s. 2 of this Chapter, which do not involve coercive measures, may be transmitted directly by the competent authority of the requesting Party to the competent authority of the requested Party.

6. Each State may, at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe that, for the sake of efficiency, the requests made in Application of this chapter should be addressed to its central authority.

The requested Party shall promptly inform the requesting Party of the immediate response to an application under this Chapter and the final result of the application. The requested Party shall also without delay inform the requesting Party of any circumstances making it impossible to implement the measures requested or at the risk of substantially delaying it.

1. This Convention shall be open for signature by the member States of the Council of Europe and non-member States which have participated in its elaboration. These States may express their consent to be bound by:

A.

Signature without reservation of ratification, acceptance or approval; or

B.

Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which fourteen States have expressed their consent to be bound by the Convention, in accordance with the provisions of the By. 1. Such a State which is not a member of the Group of States against Corruption (GRECO) at the time of ratification will automatically become a member on the date of entry into force of this Convention.

4. For any signatory State which subsequently expresses its consent to be bound by the Convention, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its Consent to be bound by the Convention in accordance with the provisions of s. 1. A signatory State which is not a member of the Group of States against Corruption (GRECO) at the time of ratification will automatically become a signatory on the date of entry into force of this Convention in respect of it.

After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Contracting States to the Convention, invite the European Community and any non-member State of the Council Not participated in its elaboration to accede to this Convention by a decision taken by a majority provided for in Art. 20 d of the Statute of the Council of Europe ¹ And unanimously by the representatives of the Contracting States having the right to sit on the Committee of Ministers.

2. For the European Community and for any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council Of Europe. The European Community and any acceding State shall automatically become members of GRECO, if they are not already members of GRECO at the time of accession, on the day on which this Convention enters into force for them.

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.

(2) Any Party may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of that declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of that notification by the Secretary General.

(1) This Convention shall not affect the rights and obligations arising from multilateral international conventions on specific matters.

2. The Parties to the Convention may enter into bilateral or multilateral agreements on matters dealt with in this Convention, for the purpose of supplementing or strengthening the provisions of this Convention or for facilitating The application of the principles it enshrine.

(3) Where two or more Parties have already concluded an agreement or treaty on a subject covered by this Convention, or where they have otherwise established their relations in relation to this subject, they shall have the right to apply that agreement, Treaty or arrangement instead of this Convention, as soon as it facilitates international cooperation.

Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it will criminalize the active and passive bribery of foreign public officials in the sense of Of Art. 5, international civil servants within the meaning of s. 9 or judges and international course officers within the meaning of s. 11, only to the extent that the public official or the judge fails to perform an act in violation of his or her official duties.

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it will not criminalize criminal offences in accordance with its domestic law, in whole or in part, Acts referred to in s. 4, 6 to 8, 10 and 12 or the passive bribery offences referred to in s. 5.

(2) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it makes use of the reservation in art. 17, para. 2.

(3) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it may refuse a request for mutual legal assistance under Art. 26, para. 1, if the application relates to an offence which the requested Party considers to be a political offence.

4. A State may not, pursuant to s. 1, 2 and 3 of this Article, make reservations to more than five of the provisions referred to in those paragraphs. No other reserves are permitted. Reserves of the same nature relating to art. 4, 6 and 10 will be considered as a single reserve.

1. The declarations provided for in Art. 36 and the reserves provided for in s. 37 shall be valid for three years from the first day of the entry into force of the Convention for the State concerned. However, these reserves may be renewed for periods of the same duration.

2. Twelve months before the expiry of the declaration or reservation, the Secretary General of the Council of Europe shall inform the State concerned of that expiry. Three months before the expiry date, the State shall notify the Secretary General of its intention to maintain, amend or withdraw the declaration or the reservation. If not, the Secretary General shall inform the State that his declaration or reservation is automatically extended for a period of six months. If the State concerned does not notify its decision to maintain or amend its reservations before the expiry of that period, the reservation (s) shall fall.

3. Where a Party makes a declaration or reservation in accordance with s. 36 and 37, it shall provide, before its renewal or upon request, explanations to GRECO as to the grounds for its continuation.

Amendments to this Convention may be proposed by each Party and any proposal shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe and to each non-member State that has acceded to, or Has been invited to accede to this Convention in accordance with the provisions of Art. 33.

2. Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems (CDPC), which shall submit its opinion to the Committee of Ministers on the proposed amendment.

The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDPC and, after consultation with the non-member States party to this Convention, may adopt the amendment.

4. The text of any amendment adopted by the Committee of Ministers in accordance with s. 3 of this Article shall be transmitted to the Parties for acceptance.

5. Any amendment adopted in accordance with paragraph 5. 3 of this Article shall enter into force on the thirtieth day after all Parties have informed the Secretary General that they have accepted it.

The European Committee on Crime Problems of the Council of Europe shall be kept informed of the interpretation and application of this Convention.

2. In the event of a dispute between the Parties on the interpretation or application of this Convention, the Parties shall endeavour to reach a settlement of the dispute through negotiation or other peaceful means of their choice, including the Submission of the dispute to the European Committee on Crime Problems, to a arbitral tribunal which will take decisions binding the Parties to the dispute, or to the International Court of Justice, in accordance with a common agreement between the Parties concerned.

1. Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.

(2) Denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

The Secretary General of the Council of Europe shall notify the member states of the Council of Europe and any State which has acceded to this Convention:

A.

Any signature;

B.

The deposit of any instrument of ratification, acceptance, approval or accession;

C.

Any date of entry into force of this Convention in accordance with its art. 32 and 33;

D.

Any declaration or reservation under s. 36 or art. 37;

E.

Any other act, notification or communication relating to this Convention.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.

Done at Strasbourg, on 27 January 1999, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe, to any non-member state which has participated in the elaboration of the Convention and to any State invited to accede to it.