Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5506.html
Law No. 5506
Acceptance Date: 18/05/2006
"United Nations Convention against Corruption" has been used in the validation of.
Article 2 of this Act shall enter into force on the date of publication.
Ministers executes the provisions of Article 3 of this Law.
UNITED NATIONS CONVENTION ON ANTI-CORRUPTION
States Parties to the present Covenant;
Democratic institutions and values, which weakens the ethical values and justice, sustainable development and corruption endangers the rule of law by carrying the concerns of the community of stability and seriousness of the problems and threats leads to security
Money Laundering, including money laundering, such as in particular organized crime and economic crime hearing concerns the link between corruption and other types of crime, will constitute an important part of
State resources that comprise the assets of the size and state of political stability and sustainable development in hearing concerns about the threat of corruption cases,
corruption no longer be a local matter affects all societies and economies, prevention and carrying the belief that it is a transboundary phenomenon requiring international cooperation for the control,
corruption effectively combating and comprehensive for the prevention of corruption and believing that required a multifaceted approach, the availability of technical assistance, capacity development and institution with the means to provide structuring, State of anti-corruption and moving the belief that play an important role in increasing corruption effectively fighting to force
unfair as to the particular democratic institutions to acquire personal wealth, believing that they would damage the national economy and the rule of law, || | more effective in the prevention of international transfers of assets acquired as unfair, detecting, deterring and strengthening international cooperation in the return of assets by moving its stability, recognizing
Property will decide on the right to legal proceedings or administrative proceedings with the principles of compliance with the basic law in criminal cases,
prevention of Corruption and that the common obligation of all States to the elimination and effectiveness of efforts in this field, non-governmental, non-governmental organizations and other cooperation with each State with the support and contributions of individuals and groups outside the public sector such as local community organizations Bearing in mind that it is imperative to do,
public works and proper management of public property, fairness, the development of the responsibility and the principle of equality and integrity protection before the law and corruption refusal culture, keeping in mind the need for the Prevention of
Crime and Punishment United and Justice Commission Nations of Drug and Crime Office, acknowledging their efforts in preventing and combating corruption, corruption
African Union, Council of Europe, the Customs Cooperation Council (also known as the world Customs Organization), the European Union, the Arab League for Economic Cooperation and Development Organization and including the organization of American States in this area, keeping in mind the work carried out by other international and regional organizations, by the organization
American States adopted on 29 March 1996 of American States between the Anti-Corruption Convention; The European Union adopted by the Council on 26 May 1997 the European Community or the European Union Member States guilty of covering employees of the Convention against Corruption; Adopted by the Organization for Economic Cooperation and Development on November 21, 1997 International Business Transactions in foreign Granted Convention on the Prevention of Bribery of Public Officials; The European Council of Ministers adopted by the Committee Against Corruption in the Criminal Law Convention on 27 January 1999; The European Council of Ministers Against Corruption, adopted on 4 November by the Committee in 1999 Civil Law Convention making note of the African Union of State and Government of 12 by July 2003, adopted at the African Union and the Prevention of Corruption and Anti-Corruption Convention appreciation,
UN Transnational Organized Crime of the Convention Against hearing on 29 September 2003 welcomes the entry into force
have agreed as follows: PART I
GENERAL PROVISIONS Article 1
purpose the purpose of this Convention:
A) the prevention of corruption and promotion of measures to be made more efficient and effective fight against corruption and strengthening;
B), including the withdrawal of assets, prevention of corruption and the fight against corruption in the promotion of international cooperation and technical assistance, facilitation and promotion;
C) Integrity, accountability is to promote the proper management of public goods and public works and malleability. Terms
Article 2 For the purposes of this Convention:
a) "public officer": i) regardless of seniority, appointed or elected, permanent or temporary, paid or unpaid, a State Party's legislative execution of any person in judicial or administrative task; ii) as implemented in the relevant areas with the internal law of a State Party, including a public institution or public undertakings of another person who is exercising a public office or a public service; iii) the domestic law of a State Party "public officer" as defined represents other people. However, Chapter II of this Convention. in section due to some special measures "public officials", as defined in the State Party's domestic law and the domestic as applied in the respective field of law who exercise a public office or public service can mean the injured person.
B) "foreign public official" in a foreign country's legislative, executive, working in an administrative or judicial body of any person elected or appointed; and including a public agency or public enterprise, on behalf of a foreign country means any person who exercise public office.
C) "international public organization officer" means any person duly authorized to act on behalf of that organization or an international civil servant by such an organization.
D) "property", material or non-material, movable or immovable, tangible or intangible assets of every kind and the right to dispose of such assets or interests means proving legal documents or instruments.
E) "proceeds of crime", an offense or arising directly or indirectly it also means that the assets acquired.
F) "Freezing" or "seizure", based on the order of a court or other competent authority, the transfer of assets, conversion, be temporarily prohibited, save or move or assets of the enclosure or control of the means of assuming temporarily.
G) "Confiscation", which includes the loss of a specific right in cases where applicable, means the assets of a court or other competent authority of the loss sustained as a command.
H) "Pioneers crime", obtained as a result of processing income, as defined in Article 23 of this Convention may be the subject of a crime means any crime.
I) "Controlled delivery" for the determination of a criminal investigation and the offense is committed to the mixed individual's identity, under the information and oversight of the authorities, illegal or suspicious shipments of one or more state in the country to get out, let go or break through issuance technique is . Article 3 Scope
1. This Agreement, in accordance with the provisions of the corruption prevention, investigation, prosecution and freezing of proceeds of offenses established in accordance with this Convention, these seizure, confiscation and return to apply.
2. In order to implement this Agreement, unless otherwise noted, is the crime of the Convention have been hurt or damage the property of the state is not required. Article 4 Protection of sovereignty
1. The States Parties to their obligations under this Agreement, the sovereign equality of States, their territorial integrity and the principle of non-interference in the internal affairs of other States shall carry out in an appropriate manner.
2. Nothing in this Convention, a State Party, in the territory of another State, exclusively using the internal law of the other jurisdiction for the reserves held by its authorities and will provide the authority to perform functions.
Article 5 Preventive Policies and Practices Against
1) Each State Party shall, in accordance with the fundamental principles of the legal system, to encourage social participation and the rule of law, public works and proper management of public property, integrity, transparency and accountability, reflecting the principles such to develop effective and coordinated anti-corruption policies, or will continue to apply.
2) Each State Party to establish effective practices for the prevention of corruption and shall endeavor to promote.
3) Each State Party, the relevant legislation and administrative measures, in order to determine their adequacy for the anti-corruption and corruption prevention will endeavor to get evaluated at regular intervals.
4) States Parties, in accordance with the fundamental principles of the legal system and to the extent appropriate, to promote measures referred to in this Article and shall cooperate with each other and with relevant international and regional organizations to develop. This collaboration may include participation in international programs and projects aimed at the prevention of corruption. Article 6
Prevention Unit or Unit Against Corruption
1) Each State Party shall, in accordance with the fundamental principles of the legal system;
A) of this Agreement referred to in Article 5 shall apply policies and, where appropriate, control and coordinate the implementation of these policies;
B) to increase and disseminate knowledge about the prevention of corruption, prevent corruption or through similar way with
will create the appropriate unit or units.
2) Each State Party shall, in accordance with the fundamental principles of the legal system of this Article paragraph 1 of the specified unit or units, of the impact their duties effectively and unnecessary will give the necessary autonomy to fulfill as far. training needed to fulfill the duties of these personnel should be provided with the necessary material resources and specialized staff.
3) Each State Party, the development of specific measures for the purpose of preventing corruption and implementation can help to other States Parties of the name and address of the authority or authorities shall inform the Secretary General of the United Nations.
1) Each State Party shall, where appropriate and in accordance with the fundamental principles of the legal system, where the officers and appropriate employment of other public officials who come with the selection, operation, for promotions and retirements:
a) Productivity and merit and transparency principles, based on objective criteria such as equality and ability
b) in particular, the selection and training of officials for corruption available public functions where appropriate, these officials, including adequate procedures for the rotation to other tasks,
c) the States parties taking into account the level of economic development, adequate wages and improve equitable salary scales,
d) public servants, the right of public office, to enable them to fulfill the requirements of dignity and exercise properly and them, inherent in the performance of their duties to improve their awareness of the risks of corruption, which can be applied in areas of conduct and can be found in the reference standard, to be equipped with special and appropriate education and training and encouraging training programs, to accept
systems, the Parties shall endeavor to implement and strengthen.
2) Each State Party shall also be compatible with the purposes of the Convention and in accordance with fundamental principles of domestic law, will evaluate the acceptance of appropriate legislative and administrative measures to determine the criteria on the nomination and election to public office.
3) Each State Party shall also be compatible with the purposes of the Convention and in accordance with fundamental principles of domestic law, in cases where public tasks that can be applied to the financing of the candidate to be elected, to increase the financing of transparency of political parties will consider taking appropriate legislative and administrative measures.
4) Each State Party shall, in accordance with the fundamental principles of domestic law, promoting transparency and conflict of interest to accept control systems, will endeavor to preserve and strengthen.
Code of Conduct for Public Officials
1) Each State Party, in order to combat corruption in accordance with the fundamental principles of the legal system, among public officials, and others, as well as honesty, will improve the accuracy and accountability.
2) Each State Party shall, in accordance with its institutional and legal system, the right of public duties honorably and properly implement the principles and standards of behavior for particular effort will be fulfilled.
3) Each State Party shall, for the purpose of implementation of the provisions of this Article, where appropriate and in accordance with the fundamental principles of the legal system, on 12 December 1996 and 51/59 The UN General Assembly Appendix Public Servants regional as international behavior principles, interregional and It takes into account the work of relevant multilateral organizations.
4) Each State Party shall, in accordance with the fundamental principles of domestic law, will also consider setting up to take the corruption Incident they realize while performing their duties of public officials regarding measures to facilitate them to report to authorities and systems.
5) Each State Party shall, in accordance with the basic principles of appropriate cases and domestic law, public officials, and others, as well as public tasks execution to regard non-occupational activities that might create a conflict of interest, jobs, investments, assets and they receive gifts or acquired benefits will endeavor to establish measures and systems to take mandatory to report to the relevant authorities.
6) Each State Party shall be allocated in accordance with the principles and standards that violate these substances against public officials, in accordance with the fundamental principles of domestic law, it will consider taking disciplinary measures or other measures.
Article 9 of the Public Procurement and Public Finance Management
1. Each State Party shall, in accordance with the fundamental principles of the legal system, also are effective in preventing the corruption of others, as well as transparency, based on the competition and the decision-making process in the objectivity criteria will take the necessary steps to establish appropriate procurement system. These systems are others as well, will be based on the following considerations and may take into account appropriate threshold values in practice:
a) Potential tenderers to prepare their tender offer and to recognize when enough to offer, including those relating to the invitation to tender and the relevant contract terms, purchase procedures and public disclosure of information on contracts;
B) selection, including criteria and tender offer rules, determining in advance the conditions for participation in the tender and be released;
C) to facilitate later to confirm that the correct implementation of the rules or procedures, the use of objective and predetermined criteria for public procurement decisions;
D) of this paragraph shall be established in accordance with the rules or failure to comply with the procedure, to ensure the right to legal recourse, including the re-establishment of an effective inspection system, including an effective appeal system;
E) where appropriate, as for personnel responsible for public procurement, stakeholders statement relating to certain public procurement, personnel evaluation procedures and take measures to regulate issues such as training requirements.
2) Each State Party shall, in accordance with the fundamental principles of the legal system, take appropriate measures to enhance transparency and accountability in the management of public finances. These measures, as well as others;
A) National budget adopted procedure, it
b) Revenue and the timely preparation of reports on expenses
c) an accounting and auditing standards system and surveillance needs,
d) an effective and efficient risk management internal control systems; and
e) where appropriate, will include corrective measures for failure to comply with the conditions specified in this paragraph.
3) Each State Party shall, in accordance with the fundamental principles of domestic law, public revenues and expenses for accounting books, records, provide financial reports and other documents kept right and take the necessary legal and administrative measures to prevent the falsification of such documents.
Each State Party, taking into account the corruption need to fight, in accordance with the fundamental principles of domestic law and, where appropriate, organization, operation and including the decision-making process, to increase transparency in public administration to take the necessary measures. These measures, and others, as well as may include the following:
a) Community members, where appropriate, the organization of public administration, information about the process of making the functioning and decision, and private life, and paying attention to the protection of personal information, members of the community of interest to decision making and legal It will allow them to obtain information concerning the arrangements for the adoption of rules and regulations;
B) where appropriate, the simplification of the administrative procedures to facilitate access to competent authorities to decide the public; and
c) be prepared at regular intervals about the risks of corruption in public administration reports the publication of information that might include.
Article 11 Measures Related to
Judicial and Prosecutorial Services
1) Each State Party, Recalling the important role of judicial independence and the fight against corruption, in accordance with the fundamental principles of the legal system format and without undermining the independence of the judiciary, to strengthen the integrity and the judiciary take measures in order to avoid situations that give you the opportunity for corruption. These measures may include a code of conduct for the judiciary.
2) of this Article, measures the same effect as those taken pursuant to paragraph 1, which does not form part of the jurisdiction of the State Party, but may be considered for prosecution services with independence similar to the judiciary and the applicable service.
1) Each State Party shall, in accordance with the fundamental principles of domestic law, corruption is preventing the private sector to spread and take measures to upgrade accounting and auditing standards in the private sector and, where appropriate, these measures breach to effective, proportionate and dissuasive legal, administrative and criminal sanctions will bring.
2) that measures taken to achieve these objectives, as well as others, may include the following:
a) the development of cooperation between private organizations related to law enforcement agencies;
B) commercial activities and all related professions correct, honorable and executing properly, the prevention of conflicts of interest and commercial enterprises, including themselves and code of conduct to improve the use of good commercial practices in the State with contractual relations, to protect the integrity of relevant private entities and promoting the development of standards for procedures;
C) where appropriate, the establishment phase of the company and management including legal and to include measures relating to the identity of a real person, increasing transparency among private organizations;
D), including the rules on the licenses and support for public institutions in commercial activities, preventing the misuse of procedures regulating private institutions;
E) pre-coordinated or tasks that administrators new activities or new jobs directly related to former public servants, after resignations or after retiring from their duties in an appropriate manner and professional activities for a reasonable period or private sector interests through the introduction of restrictions on employment preventing conflicts;
F) taking into account the structure and size of, private initiatives, ensuring the realization of acts of corruption and of having sufficient internal auditing way to help prevent and private initiatives of the accounting records and be subject to appropriate auditing and certification procedures of the required financial reports.
3) each party in order to prevent corruption of the State, books and records are kept to, the declaration of financial reports and accounting and proper to laws and regulations relating to auditing standards, to prohibit the following acts for the purpose of processing any of the crimes that have been established in accordance with the Convention: | || a) keeping unregistered accounts;
B) unregistered or inadequately performed undetected operations;
C) There was no expense record keeping;
D) Subject to distort the recorded debt;
E) the use of false documents; and
f) the period before the destruction of the accounting documents of the law deliberately.
3) No State Party to this Convention's Article 15 and Article 16 of the expenses in bribe nature, one of the accordance with established is that the crime of the constituent elements and, where appropriate, tax and other expenses that facilitate corruption will not allow to be eliminated.
1) Each State Party shall allow in accordance with the fundamental principles of the extent and domestic law, the fight against corruption, prevention of corruption and the existence of corruption, its causes, extent and civil order to raise public awareness about the threat posed by governmental, non-governmental organizations and local communities take appropriate measures to enhance the active participation of individuals and groups outside the public sector as organizations. This participation should be strengthened by the following measures:
a) contribute to the promotion of public decision-making process and increasing transparency;
B) provision of public information effectively to achieve;
C) for non-tolerated corruption as the public information activities, including school and university curricula and conducting public education programs;
D) information related to corruption research, retrieval, to respect freedom of publishing and distributing, promoting and protection. only these freedoms;
I) to respect the rights or reputations of others;
Ii) for national security or public order or public health or the protection of morals, where the
required by law and may be subject to certain restrictions.
2) Each State Party shall take appropriate measures to ensure the public's awareness of anti-corruption units concerned referred to in this Agreement and the public, where appropriate, which is thought to represent one of the crimes has been established in accordance with this Agreement any time 'bear name even to reach this unit will provide to inform mentioning.
Article 14 Combating Money Laundering Measures
1) Each State Party;
A) to prevent all forms of money laundering and to identify, within its mandate, including natural or legal persons that formal or informal services for the transfer of money and securities, banks and financial institutions and, where appropriate, other than banks, especially money laundering a comprehensive regulatory and supervisory laundering available for other institutions would create internal systems. This system customer and, where appropriate, the identity of the beneficiary account holder will require record keeping and the reporting of suspicious transactions.
B) Without prejudice to the provisions of the Article 46 of this Agreement, (internal law as, where appropriate, judicial authorities also including money-laundering to devoted to administrative authorities, regulatory authorities, law enforcement authorities and other authorities, within the provisions of domestic law, national and to enable them to have the opportunity to co-operate to and exchange of information at the international level and to this end, to collect information about possible money laundering, analysis and dissemination will consider the establishment of a financial intelligence unit to serve as a national center.
2) States parties information site the condition and to ensure the use of any form of hindering the movement of regulatory capital, and controlling the circulation of money within the limits of negotiable instruments and shall evaluate the implementation of appropriate measures for monitoring. Such measures, a significant amount of people and organizations in a report on the cross-border transportation of currency and negotiable instruments may include the requirement.
3) States Parties, including those remittances, the financial institutions to enable them to fulfill the following issues shall consider the application appropriate and reasonable measures:
a) Fund of the electronic transfer and to transfer to the form of the relevant posts so concerned accurate and meaningful information placing;
B) information, ensuring the involvement in every stage of payments; and
c) subjecting the strict scrutiny to transfers of funds contain complete information about the source.
4) States Parties to the editor based on this matter and to establish a controlling internal regime, without prejudice to the provisions of other Articles of this Convention, regional, interregional and shall be invited to use as a guideline the relevant initiatives against laundering of dirty money multilateral organizations.
5) States Parties to combat money laundering, judicial authorities, globally between law enforcement authorities and financial aspects of the regulatory authorities, regional, sub-regional and enhance bilateral cooperation and endeavor to promote.
CRIME AS PART III REGULATION AND LAW PRACTICE Article 15
National Public Officials of the Bribery Each State Party shall, in case of intentionally committed, take the necessary legislative and other measures regulating the crime the following actions: | || a) a government official to act in relation to the performance of official duties or to refrain from acting; himself or another person or institution in favor of, directly or indirectly, promised to be an unfair benefit, the offering or provision;
B) a public officer in relation to the performance of official duties to refrain from moving or acting, he or a third person or organization in favor of, directly or indirectly, an unfair benefit demand or acceptance.
Foreign Public Officials and Public International Organization Bribery of Officials
1) Each State Party shall, in case of deliberate processing, the conduct of international trade business or obtain another unfair advantage or to maintain a foreign public official or a public international organization officials to, in relation to the performance of official duties to refrain from moving or acting, he or any other person or organization in favor of, directly or indirectly, to an unfair benefit of the promised regulate as crime or ensuring propose legislative and other necessary take precautions.
2) Each State Party shall, in case of deliberate processing of a foreign public official or a public international organization officials, in relation to the performance of official duties to refrain from moving or to move himself or another person or institution in favor of, directly or indirectly regulating criminalize the demand or accept an unfair advantage will consider taking legislative and other necessary measures.
Assets of the Review of the public officials Embezzlement, be converted to Abuse or Other Format
Each State Party shall, in case of deliberate processing, a public official, in accordance with the mandate of any of its assets entrusted to him, public or private funds, or also bearing securities or any other thing of value, he or another person or organization to gain the interest of embezzlement, take legislative and other measures as regulating the conversion to the crime and other forms of abuse.
Each State Party shall, in case of intentionally committed the following acts shall consider taking legislative and other measures necessary to regulate the charges:
a) A public official or another person, Party of the State administration or to a public authority itself from those who promote it or another person in favor of an unfair benefit that is provided by the misuse of the real or supposed influence, directly or indirectly, promised to be an unfair benefit, the offering or provision;
B) a public officer or another person, for the State Party to obtain an unfair advantage for the administration or a public authority to ensure that the real or supposed influence of abuse himself or another person's favor, directly or indirectly, an unfair benefit claims or acceptance.
Each State Party shall, in case of deliberate processing, a public official, while fulfilling its mandate, to provide him or any other person or organization in favor of an unfair advantage, a process in violation of the law or by refraining from making acts or location will consider taking legislative and other measures necessary to regulate the abuse as a crime.
Each State Party shall, depending on the basic principles of the constitution and the legal system, in case of deliberate processing, a public official is unable to provide a plausible explanation in connection with legal income, unjust enrichment, which is a significant increase in assets It regulates the offense will consider taking legislative and other necessary measures. Article 21
bribery in the private sector Each State Party shall, economic, financial and commercial activities during the event deliberately processing, will consider taking legislative and other measures necessary to regulate the following actions as a crime.
A) a person who in any capacity working or establishment of a private sector organizations, the task in order to avoid the act or not act in a manner that violates himself or another person's favor, directly or indirectly, promised to be an unfair interest, the offering or provision;
B) a person who in any capacity working or establishment of a private sector organizations, to act in a manner that violates the duties or refrain from acting in order himself or to, directly or indirectly, to another person in favor of an unfair advantage of demand or acceptance Do not.
Private Sector embezzlement
Each State Party, economical, while the financial and commercial activities, if committed intentionally, a private sector enterprise in any capacity employee or a person who manages the organization, task thus entrusted to him any its assets will be assessed and receive special funding or other necessary legal measures to regulate the crime of embezzlement to spend on anything bearing securities or values.
Article 23 Laundering of
1) Each State Party shall, in accordance with the fundamental principles of domestic law, if willfully processing, shall take legislative and other measures necessary to regulate the crime the following actions:
a) i) to hide the illicit source of assets or change or to help to get rid of a person to act the legal implications involved in the commission of a predicate offense, knowing that the proceeds of crime, converted, or the transfer of these assets;
Ii) a property, knowing that the proceeds of crime, the true nature, source, location, savings, concealment of assets or rights to or ownership of their movements or replacing.
B) adhere to the basic concepts of the legal system;
I) the acquisition of assets of crime known as revenue receipt, possession or use;
Ii) the commission of any offense established in accordance with this Article or processing take place at undertakings, associates or set up schemes and to assist in the commission of these crimes are the incentives, facilitate or lead.
2) of this Article, the fulfillment of the provisions of paragraph 1 or in order to apply:
a) Each State Party shall try to apply the widest group of predicate offenses provisions in paragraph 1;
B) Each State Party shall, at a minimum, a comprehensive part of the offense established in accordance with this Agreement will be included in the law as a predicate offense;
C) above, (b) predicate offenses for the purposes of sub-paragraph within the jurisdiction of the State concerned and will cover crimes committed both in and out. However, offenses committed outside the jurisdiction of a State Party, if it constitutes not only a legal offense in the internal law of the implementation of relevant actions and to fulfill the provisions of this article or to apply if committed in the territory of the State Party, it would constitute a criminal offense under the law of the country, the premise criminal will;
D) Each State Party to this article and Promulgation of the law or of the subsequent amendments to these laws will give them the example of a definition of the United Nations Secretary-General;
E) In cases where the basic principles of the domestic law of a State Party, this article of the criminal offenses established in paragraph 1, provided not apply to persons who committed the predicate offenses.
Without prejudice to the provisions of the Article 23 of this Convention, each State Party to this Convention to participate without being in accordance with those established as crimes, after the processing of the crime if committed intentionally, established in accordance with this Contract the offense is the concealment of assets, knowing that obtained as a result of the crime and to regulate the detention will be evaluated continuously to take legislative and other necessary measures.
Each State Party shall, in case of intentionally committed the following acts shall take legislative and other measures necessary to regulate the charges:
a) This Convention in proceedings concerning the treatment of in compliance with the established criminal unreal witnesses to provide testimony to be given or made to or use of physical force to intervene evidence to be presented, threats or intimidation or unfair to apply the promised benefit of, the offering or provision;
B) judicial officers or law enforcement of this Convention to fulfill official duties relating to the processing of in compliance with the established criminal use of physical force, to the intervention by threats or intimidation, no provisions of this paragraph, the States Parties to the legislation to protect public servants from other classes without prejudice to the right to have.
Article 26 Liability of
1) Each State Party, proper legal principles, if they participate in crimes that have been established in accordance with the Convention on the liability of legal persons shall take the necessary measures to establish.
2) that the State's strict adherence to principles of law, the responsibility of legal persons may be criminal, civil or administrative.
3) This responsibility does not affect the actual person committing the offense of criminal responsibility.
4) Each State Party shall, in particular, legal persons held liable in accordance with this article, which covers the financial sanctions effectively, will ensure that, subject to proportionate and dissuasive criminal or non-criminal sanctions.
associates and enterprises
1) Each State Party, domestic law to properly this Convention to the processing of the offense established in accordance partners, such as help or incentive laws governing in any capacity subsidiary of crime and other take the necessary measures.
2) Each State Party shall, in accordance with the domestic law, in accordance with this Convention governing the processing of the crime of attempted offense established can take the necessary legislative and other measures.
3) Each State Party shall, in accordance with the domestic law, the Convention regulates the criminal offense established in accordance with the order to be prepared to take the necessary legislative and other measures.
Article 28 Elements of a crime as knowledge, intent and purpose
which constitutes the element of an offense established in accordance with this Convention, knowledge, intent and purpose, can be removed from the case, based on objective case.
Article 29 Timeout
Each State Party shall, where appropriate, in accordance with this Convention that are established to begin legal proceedings for any offense in domestic law a long statute of limitations period will include; crimes attributed to the person in case of escape from justice, it will provide a longer duration of the facility or the timeout to stop the statute of limitations.
Article 30 proceedings, proceedings and sanctions
1) Each State Party to the commission of an offense established in accordance with the contract, in order to take into account the gravity of the offense he will hold subject to sanctions.
2) Each State Party shall, in accordance with the legal system and constitutional principles, familiar with the immunity or the legal privileges to discharge the duties of public officials is required, the investigation of the offense established in accordance with this Convention, to establish an appropriate balance between the prosecution and the possibility of prosecution and It takes the necessary measures to maintain.
3) Each State Party, all statutory mandate based appreciation in the domestic law for the prosecution of perpetrators of the offense established in accordance with this Agreement, will increase the effectiveness of law enforcement measures on these crimes to the highest level and this kind of deterring crime in the processing used in a way that importance should the need It will endeavor to provide.
4) Each State Party is this Agreement in accordance with established is that crime is concerned, in accordance with the domestic law and due regard to the rights of the defense, ongoing or in cases under appeal the conditions to be provided for eviction, the defendant in the subsequent proceedings in the presence of necessity It takes appropriate measures to ensure that take into account.
5) Each State Party, the possibility of early release of prisoners of eviction or conditions shall take into account in assessing the gravity of the crime.
6) Each State Party, Recalling that in accordance with the innocence and the principles of fundamental principles of the legal system itself of this Agreement in accordance with established as a criminal predicate a public official, if necessary, by an appropriate authority to dismiss cease to be open to receiving or for the re-appointment of will consider making arrangements.
7) In cases where the weight of the crime, each State Party shall, to the extent appropriate to the fundamental principles of the legal system, the Convention of persons convicted of specified crimes, court order or other appropriate means, for a period specified in domestic law;
A) than to perform a public duty; and
b) partially or completely from working in a state-owned enterprises, is to be evaluated to make arrangements for that.
8) of paragraph 1 of this Article shall be without prejudice to the use of disciplinary powers of the competent authority for civil servants.
9) Nothing contained in this Agreement, this Agreement in accordance with established is a crime and can be made legal defense or operation of the legality of the control principles will be made by the Parties to the domestic law of the State of the definitions of other principles of law and of these crimes are prosecuted by the State party's domestic law It will not affect the punishment.
10) States Parties, the person convicted of the offense established in accordance with this Agreement shall endeavor to re-integrate with society to promote. Article 31
freezing and confiscation 1. States Parties to the inner most broadly as permitted by the legal system, take the necessary measures to ensure the confiscation of the following:
a) the proceeds of crime derived from offenses established in accordance with the contract or the value of assets corresponding thereto;
B) this Agreement or used in the offense established in accordance with the intended use of property, equipment or other equipments.
2. States Parties shall, for the purpose of possible confiscation, said in paragraph 1 of this Article any property identified, monitoring of, shall take the necessary measures to ensure the freeze or put in hand. 3
. Each State Party shall, in accordance with domestic law, this Article paragraphs 1 and 2 shall frozen subject to paragraph, seized or confiscated has the goods will take legislative and other measures necessary to regulate the administration by the competent authorities.
4. If the proceeds of crime partially or completely converted or translated into another asset, this asset in question rather than income, will be subject to the measures referred to in this article.
5. If the proceeds of crime are mixed with an asset acquired from legitimate sources, such assets, freezing or seizure related authority without prejudice, mixed criminal proceeds of up to values appreciated will confiscate the subject.
6. Crime comes as converting or proceeds of crime or which is mixed into the translated as property or proceeds of crime derived from property gain or other benefits as well, with the proceeds of crime the same manner and to the extent, will be subject to this article shall be measures.
7. For the purposes of Article 55 of this Convention to this article, each State Party shall, in its courts or other competent authorities, the submission of the relevant bank records or financial or commercial records or will be authorized to issue orders for the confiscation thereof. The States Parties to implement the provisions of this Article shall not be able to avoid the grounds of banking secrecy.
8. States Parties to the interior of the basic principles of law and judicial and other processes to the extent consistent with the essence of a defendant alleged crime subject to income or confiscation evaluate the possibility of mandatory to show a legitimate source of other assets.
9. The provisions of this Article shall not be interpreted in a way detrimental to the rights of bona fide third parties.
10. Nothing contained in this Article, in accordance with the domestic laws of a State Party of such measures and the identification and implementation will not affect the principle of the subject.
Of Article 32
Witness Protection, the experts and victims
1) Each State Party, witnesses who testified about the offense established in accordance with this Convention and experts and to the extent appropriate, relatives and response potential for near or against threats to ensure effective protection, it will take appropriate measures in the appropriate manner and facilities included in the domestic legal system.
2) of this Article, Article 1 The measures provided for in paragraph, including the rights arising from the procedure of the trial, the defendant's rights, without prejudice to the others may contain as well as the following:
a) to protect such people as physical, according to need and get them to the extent possible to place elsewhere and, when necessary, the non-disclosure of information regarding the identity of such persons and their place or to establish procedures such as limitations on the disclosure of this information;
B) or other appropriate means such as video allowed to be expressed utilizing communication technologies as in the example given, the witness and to testify in order to ensure the safety of expert rules will make it possible to establish proof.
3) States Parties, in paragraph 1 of this Article to be placed elsewhere of such person, shall consider making agreements or arrangements with other States.
4) of this Article, if a witness shall apply to victims.
5) Each State Party, adhering to domestic law, at appropriate stages of criminal proceedings against offenders about the views and concerns of victims will be described in a way that allows the right of defense and without prejudice to the assessment.
Notice found in the Protection of All Persons
Each State Party to this Convention reasonable grounds to the competent authorities in matters concerning offenses established in accordance with and for people in good faith notice will consider the inclusion of appropriate measures internal legal system to protect from unfair treatment . the
Corruption Action Results by
third parties taking into account rights it has acquired in good faith, each State Party shall, in accordance with the fundamental principles of domestic law, take measures regarding the results of corruption. In this context, States Parties, corruption, cancellation or termination of a contract, they can evaluate a concession or withdrawal of similar documents or other compensatory an appropriate factor in legal proceedings relating to the adoption of measures.
Each State Party shall appropriately to domestic legal principles, an act of corruption as a result of damage suffered by individuals or organizations, the necessary measures to ensure that they have the right to bring an action against those responsible for the damage for the purpose of obtaining compensation will. Article 36 Expert Authorities
Each State Party shall, in accordance with the fundamental principles of the legal system, the law will allow the unit or units specialized in combating corruption through the application of the person or entity. This unit or units or individuals will be given the necessary tasks in accordance with the basic principles of effective independence from outside influence, and independently of the States Parties to fulfill legal system. These people or the necessary training and resources to fulfill their duties to the staff of this department or unit must be provided. Cooperation with Law Enforcement Authorities Article 37
1. Each State Party to this Convention by the commission of an offense which has been established who participate in or have been in people with competent authorities, to make useful information to provide a process for obtaining investigation and evidence and criminals deprived of the proceeds of crime and to contribute to the recovery of these revenues to promote any concrete help to take appropriate measures.
2. Each State Party shall, where appropriate, in a criminal investigation or prosecution has been established by this Convention will consider allowing the mitigation of a defendant's sentence in the important cooperation. 3
. Each State Party shall, in accordance with the fundamental principles of domestic law, the Convention established with a person who is an accused in the investigation or prosecution of an important collaboration will evaluate the possibility of providing exempt from prosecution.
4. The protection of persons, as provided in Article 32 of this Agreement shall be made by adaptation.
5. Parties sitting in one of the States and this matter with the current person in another State Party to the competent authorities referred to in the first paragraph to ensure effective cooperation, the States Parties concerned, in accordance with domestic law, that Article 2 nd and regarding the fulfillment of other States Parties of the application provided for in paragraph 3 evaluate the agreement or arrangement made.
National Authorities Cooperation between
Each State Party shall, in accordance with domestic law, on one side, public institutions and officials, will take the necessary measures to promote cooperation between the investigation and prosecution of the authorities responsible for the judicial crime on the other side. This cooperation may include the following:
a) of this Convention, 15, 21 and Article 23 of one of the offenses established in accordance to believe processed in the absence of justification, public institutions and officials of the criminal investigation and to inform the authorities responsible for prosecuting their own initiative;
or b) if the request is, to provide all necessary information to those authorities. Article 39
Cooperation between National Authorities and the Private Sector 1. Each State Party shall, in accordance with domestic law, with private sector organizations and national investigation and prosecution authorities, particularly with financial institutions, to promote cooperation in matters involving the commission of offenses established by this Convention shall take the necessary measures.
2. Each State Party habitual residence of their nationals and other persons within its territory, national investigating the commission of a crime which was established by the Convention and to give notice to the prosecuting authorities will consider promoting the issue.
Each State Party, criminal investigations relating to offenses which have been established in accordance with this Convention, appropriate mechanism in the domestic legal system of the obstacles arising from laws concerning the privacy of bank accounts in order to overcome will make a present.
Each State Party shall, within the terms and conditions it deems appropriate and purposes, crimes attributed to be a person of another Party prior conviction in the State of this Convention into account in order to use criminal proceedings to for an offense established in accordance You can take the necessary legislative and other measures to take. Article 42 Jurisdiction
1. In the following cases, each State Party, this jurisdiction on offense established in accordance with the Convention shall take the necessary measures to establish.
A) crime, if he committed in the territory of the State Party;
or b) the crime was committed on board a ship in accordance with the laws of that State Party or flying the flag of that State Party is committed in the aircraft is registered.
2. A State Party to this Convention depending on the Article 4, may establish in its jurisdiction regarding any of these types of crimes in the following cases:
a) crime, if he committed against a citizen of that State Party; or
B) crime, habitual residence or by a national of that State Party is committed by a stateless person in the territory of that State Party; or
c) Crimes, this is Article 23 of the Convention 1 (b) (ii) is one of the crimes mentioned in paragraph and Article 23 of the Convention 1 (a) (i) or (ii) or (b) (i) specified in paragraphs It is committed outside the territory of that State for processing in the country a crime of that State; or
d) If the crime committed against the State Party. 3
. with regard to the implementation of Article 44 of this Convention, each State Party, a person with criminal predicate and their own country, unless the return on the grounds that mere citizens, these shall take measures as may be necessary to establish its jurisdiction for the offenses established by the Convention.
4. Each State Party shall also, when the crimes attributed to the person and it does not extradite its own country, it may take the necessary measures to establish the jurisdiction of an offense under this Agreement shall be established.
5. If this article 1st or 2nd in a State Party using its jurisdiction in accordance with paragraph, any other State Party to the same action in respect of an investigation, the prosecution or has been reported to conduct a judicial process or the said States Parties have learned it in any form, of that State Party the competent authorities, where appropriate, shall hold consultations in order to make the coordination of their operations.
6. This Agreement is without prejudice to the general norms of international law, does not eliminate the use of criminal jurisdiction in accordance with the domestic law of a State Party to the meat plant. PART IV Article 43
INTERNATIONAL COOPERATION International Cooperation
1. The States Parties to this Convention undertake 44 to 50 shall cooperate in criminal matters in accordance with the substance. When, where appropriate and consistent with domestic legal systems, States Parties in legal and administrative matters relating to the investigation of corruption cases and will consider the possibility to help each other.
2. International cooperation in the field, in cases where it is mandatory dual punishability of, if forming the subject offense to legal assistance requests acts according to both the State party's legislation is a legal offense, the current party state law demands of him with the crime of the requesting State Party's law to put into the same category or name the same terminology to regardless, it is deemed to have fulfilled this requirement. Article 44 Return of Offenders
1. In this article, the crime subject to extradition in demand and as well as demands on the condition to be punished according to the current State Party of domestic law, an extradition request to issue the person if there is the territory of the current State Party in demand, applies to crimes that have been established in accordance with this Convention.
2. despite the provision in the first paragraph of this article, a State Party shall, if its domestic law to allow, if not punishable under its domestic law, is able to return a person because of any of the offenses set forth in this Agreement. 3
. If the request for extradition from each other includes several separate offenses, at least one being in nature can be returned to the offender under this Article of these crimes, others have provided that prison time because the perpetrator, but are not refundable in the nature of this Agreement relating to the convenient to be established offense, the requested State Party this the article may also apply to offenses mentioned.
4. Each of the crimes that implementation of this article, to any treaty on extradition between States Parties, shall be deemed to be included as the perpetrator of the crimes can be returned. The States Parties to this kind of crime will be included among the perpetrators of crimes in any extradition treaty to be concluded refundable. allowing the domestic law of a State Party, when it uses this Convention as the basis for extradition, no crime that has been established in accordance with this Agreement shall count as a political crime.
5. A Basing extradition conditional on the existence of a treaty of States Parties, treaties concluded not that if it receives a request for extradition from another State Party with regard to crimes that implementation of this Article, this Agreement may accept as a legal basis for extradition.
6. Basing a State Party which makes extradition conditional on the existence of a treaty;
A) The ratification for the Convention, adopted, when depositing its instrument of ratification or accession documents for cooperation in return matters of criminals with a Contracting Party to the other States, this Convention of the United Nations will adopt a legal basis to notify the Secretary-General; and
B) does not accept this Convention as the legal basis for cooperation in matters of extradition of criminals, where appropriate, to implement this Article shall endeavor to make treaties on extradition with the Contracting Parties other State.
7. basing States Parties extradition conditional on the existence of a treaty, for the implementation of this Article shall adopt criminal offenses as extraditable among themselves.
8. Extradition of others, as well as return to the minimum penalty for the State that the Contracting Party in the circumstances and demands regarding the necessity extradition refusal, including reasons may base, the requested State Party's internal law or by applicable extradition will be subject to andlaşmaların determined by conditions.
9. States Parties shall, subject to adhere to domestic law, any charges related to expedite the return process and the implementation of this Article shall endeavor to provide conditions to facilitate evidence.
10. made by States Parties in demand, with the condition dependent upon the treaty of extradition that domestic law provisions and the parties, if it considers that the situation is necessary and urgent, and the requesting State Party on the request, requested a refund and a person detained will or persons present during the return process within its territory take other appropriate measures to ensure his presence.
11. Country criminal predicate a person in the State Party, if the terms of a crime for which the application of this Article shall not be extradited on the grounds that these people just because of their own citizens, the return requesting State Party's request, without delay, proceedings for the purpose of the event is difficult to transmit to their authority. These authorities decided in other crimes qualified as grave cited in the internal law of States Parties shall carry out credit and operations in the same way. States Parties concerned, to ensure the effectiveness of such a prosecution, particularly on matters of procedure and proof shall cooperate with each other.
12. A State Party, according to the citizen is a person of domestic law, only one lawsuit or prosecution of criminal can be sentenced as a result is desired the return of the person or deliver return provided that the return to shooting in the States Parties or can be delivered and that the States Parties to return to ask the State Party should be on this option , must have agreed on other conditions they deem appropriate in this format will be a conditional extradition or surrender, located in the 11th paragraph of this article will be enough to fulfill the obligation.
13. request for extradition for the purpose of execution of a judgment, if the return is rejected as being a citizen of the current States Parties request the requested person, the requested State Party shall, on application of the requesting Party in accordance with the specific requirements of if you allow their domestic law and the law of the requesting Party internal law issued by the penalty or will seek ways to ensure the execution of the remainder.
14. judicial proceedings about in connection with the crime for which this Article applies to any person who carried out, at all stages of the proceedings, the rights of all persons provided by law inside the State Party in whose territory and including the use of security will be guaranteed fair treatment.
15. If the requested State Party request that a person of gender, race, religion, nationality, ethnic origin or to prosecute because of political views or was done to punish or in terms of any of these reasons, if there are serious grounds to believe that without prejudice to the status of said person's compliance with the demands of this Agreement no provision shall not be interpreted as a mandate to bring returns.
16. States Parties considered that the mere crime on the grounds that cover financial issues, refuse the request for the extradition of criminals.
17. made at the request of the State Party, before rejecting the extradition, to provide information relating to present their views and claims he will consult as appropriate to the current demand in the States Parties recognize the possibilities.
18. The States Parties to improve the return provided or activities, shall make every effort to make bilateral or multilateral agreements or arrangements.
Article 45 Transplantation of
States Parties to this Convention in accordance been imprisoned due to establish the offenses or other freedoms of persons sentenced to punishments, to enter into bilateral or multilateral agreements or arrangements on the transfer to their home countries to complete their sentences evaluate.
Mutual Judicial Assistance Article 46
1) States Parties to the investigation of the offenses set forth in this Agreement, in the prosecution and trial shall provide each other the widest measure of mutual legal assistance.
2) Mutual legal assistance, of this Convention Article 26 of the investigation into a criminal legal person can be held responsible in the State of the requesting Party in accordance with the terms of prosecution and trial procedures, laws related to the current State Party in demand, treaties, most of which is possible according to agreements and arrangements It will be provided widely.
3) mutual legal assistance will be provided under this article may be requested for any of the following purposes:
a) to collect evidence or to take the statements of persons;
B) to provide notification of judicial documents;
C) Search, seizure and freezing fulfill;
D) to place items and examination;
E) Information, to provide expert views and things that may be evidence;
F) official office, bank, company or trade registers and records, including financial, to provide the relevant documents and records of the original or a certified copy;
G) in order to obtain evidence of criminal proceeds, property of, identification or tracking tools, and other things;
H) of persons in the requesting State Party not to facilitate a voluntary basis;
I) are not contrary to the request made by the State party's domestic law to provide any other assistance;
J) The determination of proceeds of crime in accordance with the provisions of Section V of the Convention, freezing and tracking;
K) withdrawal of assets in accordance with the provisions of section V of this Agreement.
4) The competent authorities of a State Party shall, without prejudice to domestic law, without prior request, the information relating to criminal matters investigations and proceedings in execution or is successfully conclude Umeda will help to further the State party's authorities or that an under this Convention, States Parties If they believe will result in a request, it can transmit such information to the State party's authorities said.
5) to transmit information on the basis of paragraph 4 of this Article shall be without prejudice to the information provided by the State in which the investigation and prosecution authorities. The recipient authorities or restrictions on the use of information request to remain anonymous said, will comply even if temporarily. However, in this case, knowledge of the area of the States Parties, the information will show the defendant's innocence during their trial process should not deter explain. In such a case, knowledge of the area State Party shall notify the State Party before disclosing that information has been requested and will consult the information that States Parties. If, in an exceptional case, and no possibility of any prior notice, the information fields of States Parties, the information shall inform without delay the explanation that the State Party.
6) The provisions of this Article shall not affect mutual legal assistance which will be held wholly or partially regulate or any other obligations under bilateral or multilateral treaties before.
7) If a mutual legal assistance States Parties concerned if they are not bound by the treaty, the request made pursuant to this Article, the provisions of this Article, shall apply from 9 to 29. States Parties are bound by such treaties are referred to States to implement the decision unless the provisions of paragraphs 9 to 29 of this Article shall apply the relevant provisions of that treaty. is to facilitate the cooperation of the States Parties are strongly encouraged application of this paragraph.
8) States parties on the grounds of banking secrecy will refuse to render mutual legal assistance pursuant to this article.
9) a) made at the request of the State Party, in response to requests for assistance in situations where there is a double punishability pursuant to this Article, while it shall take into account the objectives set forth in Article 1 of the Convention;
B) States Parties, on the grounds that the presence of double punishability, they can refuse to help out pursuant to this Article. However, the requested State Party, in situations that are compatible with the basic concepts of the legal system, will provide assistance free coercive action. The demand is related to the very small sum of either cooperation or assistance sought to provide in accordance with this Convention in cases where other provisions, requests for assistance may be denied;
C) Each State Party shall, in the absence of double punishability, may consider taking the necessary measures to ensure that no more help to a large extent on the basis of this article.
10), who is serving a detention or punishment in the territory of a State Party and diagnostics, testimony or otherwise investigation of the offenses set forth in this Agreement, prosecution or a person who claimed to be located in another State Party with the aim of providing assistance in gathering evidence for the judicial process, the following conditions transported if provided:
a) If a person knowingly and freely consent to;
B) Subject to the conditions of the States Parties may deem appropriate, if the competent authorities of both States Parties agree.
11) in the implementation of this Article 10 of the article:
a) be transported people to the State Party otherwise requests otherwise or permitted unless the person is to be transferred to the State Party, the transplanted person shall have the authority to keep and liabilities in custody;
B) as the competent authorities of both States Parties agreed in advance or in any form, whether the person is transferred to the State Party, the person will fulfill its duty to surrender forthwith sent back to the States Parties;
C) the person transported State Party will not request the extradition process for starting a new delivery sending back people from the States Parties;
D) transplanted people, that time spent in custody was transferred State Party shall be deducted from the sentence should pull the sending State.
12) of this Article, Article 10 and to transport the person in accordance with Article 11 paragraph States Parties agree, unless the transplanted person, regardless of citizenship, conveys the previous actions of the departure of the territory of the State with regard to omissions or convictions, will not be prosecuted in the territory of the State to be transferred will be taken into custody will not be punished or personal freedom will not be subject to any limitation binder.
13) Each State Party shall take mutual legal assistance requests and fulfill them or forwarding them to the responsibility and authority to the competent authority for the fulfillment center will establish an office. a special area where there is a separate system of mutual legal assistance in the case of a State Party or the country, you can set up a separate central authorities have the same function for the region or country. Central authorities shall ensure the speedy and proper execution of requests in a manner be received or forwarded. Central authorities demand to be met if transmission to a competent authority shall encourage the fulfillment of demands quickly and appropriately by the authorities. For this purpose, the designated central authority of each State Party to this Convention ratification, acceptance or approval, or when depositing its instrument of accession documents will be reported to the United Nations Secretary-General. Mutual legal assistance requests and no correspondence will be forwarded to the authorities designated by the States Parties thereto center. This condition is a State Party, the request and correspondence of her diplomatic channels and in emergency situations, where they agreed by the States Parties, if possible, without prejudice to the right to request delivery of International Judicial Police channel.
14) Claims by any means providing written or possible written record acquisition request in a language acceptable to the current state and that the state will be carried out under conditions that can determine whether authentic notification. the language or languages that are acceptable to each State Party to this Convention ratify, accept or United Nations when depositing its instrument of ratification or accession shall be notified to the Secretary General. In urgent cases and if agreed by the States Parties, requests may be made orally, but shall be confirmed in writing immediately.
15) a request for mutual legal assistance shall include:
a) Request the name of that authority;
B) the request relates to the investigation, prosecution or trial, and the nature and the subject of investigation, prosecution and the name of the authority conducting the proceedings and tasks;
C) notification of judicial documents other than those held for the purpose of the request, a summary of the relevant facts;
D) definition and description of any particular procedure requested Parties to comply with the requesting State of the requested assistance;
E) Where possible, the identity of any person concerned, location and nationality; and
f) the evidence, the purposes for which the information or action requested.
16) made at the request of the State Party, in cases where demand makes it easy to fulfill the request or when it deems necessary to fulfill in accordance with its domestic law, may request additional information.
17) a request is made according to the demand in the domestic law of the State Party and to the extent possible and not contrary to the law, it will be carried out in accordance with the procedures specified in the request.
18) in any case to comply with as possible and that the basic principles of domestic law, when a person in the territory of a State Party and the people of other States Parties to the judicial authorities by the rest as needed as a witness or expert, if the person in the territory of States Parties at the request of the person concerned the presence of possible or is not a desirable situation, the requested State Party shall, upon request of the other, can not allow the listening of the video conference. States Parties shall be conducted by a judicial authority of the requesting State Party and listening to the requested State Party may decide to participate in a judicial authority.
19) the requesting State Party demands the subject investigation, prosecution, or the information provided by the requested State Party for trial or evidence, the requested State Party's prior consent, demand will transmit for purposes other than specified or will not use. Nothing in this paragraph, the requesting State Party, the information or evidence to show the defendant's innocence will explain during their detention without trial. In the latter case, the requesting State Party before disclosure, if the requested State Party will be informed and requested, shall consult with the requesting State Party. If, in an exceptional case, and no opportunity to give prior notice to the requesting State Party shall inform the requested State Party to delay disclosure.
20) the requesting State Party from the current demand in the States Parties to the extent that is required with regard to the fulfillment of the request may want to be kept confidential and the contents of the request made. If you can not fit the current demand confidentiality obligation of States Parties shall promptly inform the requesting State Party.
21) mutual legal assistance requests may be refused in the following cases:
a) If a request is not made in accordance with the provisions of this Article;
B) The requesting State Party, the execution of the request, sovereignty, security, and the conviction could harm public order or other essential interests;
C) made by the State party's authorities at the request of any similar crime investigations within their jurisdiction, in case of being subjected to prosecution or proceedings, to make the requested action is prohibited by their law;
D) agree to the request, the requesting State Party is contrary to the legal system for mutual legal assistance.
22) States Parties, a mutual legal assistance request to refuse on the grounds that the offense is thought to cover just because of financial issues.
23) will be shown justification for any refusal for mutual legal assistance.
24) made at the request of the State Party, to fulfill the demand for mutual legal assistance as soon as possible and preferably by the State Party of the reasons for any period of time specified in the request, it shall take into account fully as possible. The requesting State Party, the requested State Party of the measures it takes in order to meet the demand for information on the status and stages can be found in a reasonable demand. made at the request of the State Party, the requesting State Party shall respond to reasonable requests regarding the demands of the situation and fulfillment stages. The requesting State Party, if desired needing assistance, the state of the current State Party shall promptly notify the demand.
25) Mutual legal assistance is an ongoing investigation, prosecution or proceedings may adversely affect the grounds, it made a request that the State Party be delayed.
26) or to refuse a request pursuant to Article 21 paragraph of this article before postponing the execution of a request pursuant to Article 25 paragraph of this article, the requested State Party shall consult the State Party in demand in order to assess whether fulfillment of help with some terms and conditions as it deems necessary. If the requesting State Party, if it accepts the assistance subject to these conditions, it will comply with those conditions.
27) of this Article, Article 12 of the without prejudice to the implementation of this paragraph, the requesting State Party's request, the requesting State Party in the territory of a trial on present evidence or investigation, a witness consents to assist in the prosecution or trial, expert witness or another person at the request previous actions as part of the Party in the territory of the State of departure, with regard to omissions or convictions, will not be prosecuted in the territory of the State of the requesting Party, detained will not be, the punishment will or personal freedom restriction shall not be subject to any restrictions. Such an assurance that the witness, expert or any other person that the presence of judicial authorities no longer considered necessary whether or not formally from the date of the notification decided by the uninterrupted 15 days or States Parties any time has the opportunity to leave during the in the requesting State Party in the territory remained voluntarily or this after leaving the country will end if the return voluntarily.
28), fulfilling a demand resulting ordinary expenses, unless otherwise agreed by the States Parties concerned, shall be borne by the requested State Party made. If significant or unusual expenses needed to fulfill the request or required the request to determine which records and how to meet the conditions and costs would be met, the States Parties shall consult with each other.
29) made at the request of the State Party;
A) the requesting State Party, the official records in the hands of the public according to domestic law, it will give examples of documents or information;
B) his own discretion, fully, partially or subject to conditions as it deems appropriate, non-public domestic law according to official records, documents and information to the requesting State Party may give examples of.
30) States Parties, where necessary, to serve the purpose of the provisions of this article, which will allow the implementation or will evaluate the possibilities of bilateral or multilateral agreements or making arrangements to enforce these provisions.
Article 47 Transplantation of
States Parties, the offense established in accordance with this Agreement prosecution order the opportunity to be transferred to each of the criminal proceedings, when deemed useful for the justice of this transfer, particularly in cases where there is more than one jurisdiction they will evaluate the prosecution's idea to collect in a single center. Article 48 Cooperation
law practice 1) The States Parties, in order to increase the effectiveness of law enforcement action to combat offenses set forth in this Agreement, in accordance with the legal and administrative systems, will cooperate closely with each other. States Parties shall in particular take effective measures in the following areas:
a) if deemed appropriate by the State Party concerned, including in connection with other crimes, this information related to all aspects of the offenses set forth in the Convention quick and competent authorities to facilitate the secure exchange between institutions and services develop and establish communication channels needed;
B) to carry out the investigation into the offenses referred to in this agreement to cooperate with other states in the following areas:
i. The identity of a person suspected of involvement in such crimes, their location and the location of activities or other relevant person;
Ii. The movement of proceeds of crime or property derived from the processing of such crimes;
Iii. Or use of property used to commit such offense intended, movement of equipment and other equipment;
C) where appropriate, the purpose of the investigation and analysis required items and maintaining sufficient agent;
D) where appropriate, the Convention for the commission of offenses set with other states about the referenced specific ways and means false identity, falsified, altered or the concealment of forged documents and criminal order to make the information exchange to include the referenced other ways;
E) the competent authorities, agencies and services to facilitate effective coordination between and including adhering to send liaison officers to the bilateral agreements and arrangements between the States Parties concerned, to promote the exchange of personnel and other experts;
F) exchange information for the purpose of early detection of the offenses set forth in this Convention are properly received and ensure coordination of administrative and other measures.
2) States Parties for the implementation of this Convention between law enforcement authorities to enter into bilateral or multilateral agreements or arrangements on direct cooperation and if such agreements or arrangements available, will evaluate to change them. States Parties concerned, in the case, including the absence of such agreements or arrangements, for mutual law enforcement cooperation in respect of the offenses specified in this Agreement shall consider taking this Convention as the basis. States Parties shall, when appropriate, to enhance the cooperation between law enforcement authorities, including international and regional organizations, will make full use of agreements and arrangements.
3) States Parties under this Agreement and shall endeavor to cooperate in combating crime, including opportunities for using modern technology.
States Parties, one or more States in the investigation, in relation to matters which the prosecution or trial subjects, in order to create joint investigative authorities through the competent authorities shall consider making bilateral or multilateral agreements or arrangements . In the absence of such agreements or arrangements, joint investigations may be carried out with the agreement to be made separately for each event. States Parties concerned, countries such investigation shall respect fully the sovereignty of States Parties which will be carried out.
Special Investigation Techniques
1) Each State Party shall, for the purpose of corruption effectively combating, in accordance with the conditions specified in extent and domestic law that permitted by the basic principles of domestic law, the competent authorities of its territory, controlled delivery and when it deems appropriate, other special investigative techniques, such as electronic or other tracking forms and covert operations on the appropriate use and to allow the adoption in court of evidence obtained by this method, within the possibilities, it shall take the necessary measures.
2) to investigate the crimes mentioned in this Convention, States Parties are required, the appropriate binary for the use of such special investigative techniques in the framework of international cooperation or be encouraged to engage in multilateral agreements or arrangements. Such agreements or arrangements will be made to fully observing the state of sovereign equality and to apply and the provisions of this agreement or arrangement will be carried out strictly in compliance.
3) of this article, 2 nd in the absence of an agreement or arrangement of the type referred to in paragraph, decisions to use the international framework of such investigative techniques will be taken separately for each event and, if necessary, in this decision, the financial arrangements relating to the exercise by the States Parties concerned jurisdiction and agreements can be also taken into consideration.
4) Controlled decisions for implementation at international level of delivery, with the consent of the States Parties concerned may include the identification of goods and funds and intact or completely or partially displaced or methods, such as to allow the continuation of the consignment as being replaced by others. CHAPTER V ASSETS RECOVERY
General Provisions Article 51 of the
return of assets pursuant to this chapter is a fundamental principle of this Convention and in this regard, States Parties shall ensure the widest possible cooperation and help each other.
Article 52 of the Prevention of Transfer of Criminal Proceeds and Detection
1. With this Convention, Article 14 is without prejudice to each State Party, the financial institutions in the internal jurisdiction of the customers to verify their identities, high amounts of money in the account to the invested funds by the beneficiary to engage in reasonable attempt account to determine the identity of the owners and the major who perform their public duty by their parents or relatives or in order to enable them to be opened in the name of the desired or required to do an exhaustive review on accounts opened is to take the necessary measures in accordance with domestic law. Such intensive studies in order to report to the authorities, reasonably be planned and financial institutions to identify suspicious transactions will deter them from doing business with legitimate customers or be interpreted in a way that prohibits doing business.
2. Each State Party, in order to facilitate the implementation of the measures referred to in paragraph 1 of this Article, in accordance with domestic law and money laundering against the relevant regional, interregional and multilateral organizations starting from the initiative:
(A) by financial institutions in the internal jurisdiction, the natural or legal person types on accounts will be expected to be intense scrutiny, account will be given special attention and transaction types and the appropriate account opening of such accounts, to issue recommendations on management and record-keeping measures ; and
(b) Where necessary, or upon the request of another State Party itself, to financial institutions in the internal jurisdiction, in addition to those that can be identified by such organizations, certain can be said accounts by organizations intense scrutiny subjected to real or the identity of legal entities It will be reported. 3
. This Article 2 (a) Each State Party in me, in the context of financial institutions, during the appropriate time of this article's paragraph 1 in including the ones belonging to the said person, accounts and transactions on a minimum of customers and possible beneficiary of the account holder identities to include information on keep adequate records to ensure that the measures will apply.
4. This is the offense established in accordance with the Convention to prevent the transfer of revenues and to determine each State Party, with the assistance of the regulatory and oversight body, without the physical presence and control under the supply to prevent the establishment of banks not linked to a financial group shall implement appropriate and effective measures. Furthermore, the States Parties, the financial institutions, such organizations by entering the correspondent banking relationship or the refusal to continue the relationship and accounts of physical assets without and control permit under the use by banks are not linked to a financial group that to require the opposition to establish relations with foreign financial institutions evaluate them.
5. Each State Party shall, in accordance with domestic law, to consider establishing an effective financial reporting system for certain public officials and shall provide for appropriate sanctions in cases of violation. Each State Party is also necessary to investigate the income offense established in accordance with this Agreement, to request and to regain the competent authorities, this information will be evaluated to take the necessary measures to allow it to share with the competent authorities in other States Parties.
6. Each State Party shall, in accordance with domestic law, interest in a financial account in a foreign country, signature or other authority with certain public officials, the relationship of the reporting to the appropriate authorities and will consider taking appropriate measures to enforce to maintain required records of these accounts. These measures also will include appropriate sanctions for violation cases.
Article 53 Measures for the Direct Withdrawal of
Each State Party shall, in accordance with domestic law:
(a) This Agreement in accordance with established is that other property or on the property obtained by the commission of an offense rights of other States parties in order to prove his claim, the ability to open a civil action in their courts;
(B) of the Courts of this Convention of perpetrators that have been established as appropriate, victims of this crime to be able to afford to pay compensation to the other States Parties; and
(c) Courts or competent authorities, when making decisions regarding the seizure of this contract to an appropriate treatment of waste an offense established on the property obtained by other States Parties shall take the necessary measures to be able to accept the idea of property.
Article 54 Confiscation of Assets Retrieval Mechanisms for International Cooperation on Issues Through
1. Each State Party to this Convention in relation to the acquisition or assets used in this crime through appropriate as the processing of an offense established in order to provide mutual legal assistance in accordance with Article 55 of this Convention, in accordance with domestic law:
a) the competent authority of another State Party shall take the necessary measures to allow the court to execute a confiscation order issued by the. When
b) jurisdiction are found, the competent authorities in accordance with other procedures which are permitted a provision within the framework of or domestic law for a similar offense will be in the money laundering, including money laundering or jurisdiction, of foreign origin shall take the necessary measures to allow the making of the confiscation order for this property .
C) death, desertion or not in cases filed against the perpetrators of enforced disappearance or other reasons without criminal convictions where appropriate, will consider taking the necessary measures to allow the confiscation of the property.
2. Each State Party to this Convention Article 55 in order to fulfill the paragraph 2 of the request for aid forensic made in accordance with, in accordance with its domestic law:
a) the requesting State Party to the competent authorities or issued by the court to freeze or confiscate decision on the requesting State Party, the requested State Party, that there are sufficient reasons to move in this direction and these goods eventually that Article 1 (a) for the purposes referred to in subparagraph will make you believe will be subject to a confiscation order if the show reasonable grounds, to the relevant authorities, freezing the assets or take the necessary measures to allow confiscation;
B) Demand in the current State Party that there are sufficient reasons to move in this direction and these goods eventually that Article 1 (a) for the purposes referred to in subparagraph a confiscation order on the subject would be to believe that the response to a request providing justification to provide, the assets to the competent authorities ice cream or take the necessary measures to allow confiscation; and
c) the competent authority, for reasons such as property of a foreign arrest or criminal accusation was related to the acquisition, the confiscation order shall consider taking additional measures to allow it to maintain the property. Article 55 International Cooperation
confiscation order 1. This Agreement in accordance with the established as a crime from another State Party having jurisdiction over this Agreement referred to in paragraph 1 of Article 31 and the country which proceeds of crime, property, equipment and other tools of the claim area of a State Party to the confiscation of domestic law maximum extent possible in the system including;
(A) the demand, the granting of a confiscation order and the order of execution in case of such a decision, to be forwarded to its competent authorities; or,
(b) of this Agreement Article 31 of paragraph 1 and Article 54 1 (a) of paragraph given by a court in the territory of the State of the requesting Party in accordance with confiscation decision, Article 31 paragraph 1 of the mentioned and their the territory of the proceeds of crime, property, equipment or other instruments insofar as it relates, to be executed on demand respect, shall transmit to the competent authorities.
2. This Agreement in accordance with the established as a criminal jurisdiction with another State Party's request, on the need to request the States Parties, as well as to the substance of paragraph 1 be confiscated in accordance with the decision taken by the requested State Party in accordance with the request made in the framework of the order, the requested Party state, Article 31 of the Convention of proceeds of crime specified in paragraph 1, assets, equipment or other tools to identify, monitor and take measures to prevent freezing or confiscation. 3
. Article 46 of this Convention shall also apply to this matter by adapting. Article 46 In addition to the matters specified in paragraph 15, requests made pursuant to this article shall contain the following:
a) of this Article 1 (a) if there is a demand on me in the States Parties at the request of the confiscation order in accordance with its domestic law follow the format enough to do, to the extent possible to the location and including the estimated value when necessary, a description and the time the declaration based on the current State Party at the request of the assets to be confiscated;
B) of this Article 1 (b) if there is a demand on the clause, issued by the State Party in demand and substantive legally valid copy of the confiscation order, information that is desired to be the extent to which instead of a time to declare and decide , a statement that the measures taken in good faith by third parties located in States parties adequate notice and a declaration that for the forfeiture of the final decision;
C) If there is a demand related to paragraph 2 of this article, a case statement is based on the State of the requesting Party, demanded a legally valid example of definition and decision-making basis to present the demands of the process.
4. This Article paragraphs 1 and paragraph 2 in place of the decision and operations, the requested by the State Party in accordance with any bilateral or multilateral agreement or arrangement is connected in their domestic law provisions and procedural rules or the requesting State Party relationship and will be fulfilled as subject .
5. Each State Party shall, in its laws and regulations that effect to this article and these laws and regulations, for example in a subsequent modification of the definition thereof or the United Nations shall transmit to the Secretary General.
6. If a State Party to this article, paragraphs 1 and paragraph 2 of the adoption of the measures referred to, is conditional on the presence of a relevant treaty, that State Party, this Agreement shall adopt the necessary and sufficient treaties floor.
7. If the requested State Party does not obtain timely and sufficient evidence or the less the value of its assets, it may be denied or removed cooperation in this matter under temporary measures.
8. made by States Parties in demand, before lifting any provisional measures taken pursuant to this article, the requested State Party shall, wherever possible, to continue the measures the State of the requesting Party shall recognize an opportunity to present its reasons in favor.
9. The provisions of this Article shall not be interpreted in a way that will prejudice the rights of bona fide third parties.
Private Partnership Without prejudice to
domestic law, each State Party, send information to the recipient States Parties to the investigation, prosecution and trial of start or will help the executive or the State Party to submit a claim under this section of the Convention if the assessment will lead the investigation by its conduct, the prosecution and without prejudice to the trial without coming the other State Party, previously without a demand, the offense established in accordance with this Agreement shall endeavor to take supply measures to be able to send information about their income. Rebates and Savings of Article 57
Assets 1. Of this Convention by a State Party on the basis of article 31 or article 55 of confiscation been assets of this Article paragraph 3 in accordance with, including the extradition of the former legal owners, by that State Party, the provisions of the Convention and the savings will be in accordance with domestic law.
2. Each State Party, other States Parties of the Convention on an appropriate request, by protecting the rights of bona fide third parties, the competent authorities in order that they may return the confiscated property, in accordance with the fundamental principles of domestic law, take the necessary legislative and other measures. 3
. The requested State Party to this Convention's Article 46 and Article 55 in accordance with the and of this Article paragraphs 1 and 2 of paragraph:
(a) This Convention, as mentioned in the Article 17 and Article 23, misappropriation of public funds or the misappropriation in laundering cases of public funds, Article 55 a, if properly and a final in the requesting Party State provision made to confiscation by relying, in the requested State Party confiscation basis can backtrack from the requirement that the final provision constitutes, will return to the States parties that have requested the confiscated assets;
(B) in relation to any other proceeds of crime under international law, Article 55 A, if properly and a final in the requesting Party State provision made to confiscation by relying, in the requested State Party confiscation basis can backtrack from the requirement that the final provision, which constitutes the State of the requesting Party, confiscated the requested previous property rights relating to property of States parties to reasonably prove or the requested State Party confiscated property of the event to accept the loss of the Party of the requesting State to return, return to the States parties who request the confiscated property will;
(C) In all other cases, to return confiscated property to the requesting State Party, it will evaluate its assets primarily to compensation to crime victims or return to the previous legal owners.
4. Where appropriate, other States Parties otherwise agree, the requested State Party, confiscated assets of the investigation which led to the return or disposition under this Article, prosecution or may deduct reasonable expenses arising from the proceedings.
5. Where appropriate, the States Parties, the final savings of confiscated assets in order, to make separate agreements or mutually acceptable arrangements can be evaluated specifically for each event.
Article 58 of the Financial Intelligence Unit
States Parties to prevent the transfer of proceeds of offenses established in accordance with this Convention, to fight it, and the way for the withdrawal of these revenues and to cooperate with each other in order to promote the method and for this purpose, suspicious financial transactions to get the report, analyze, and authorized authorities shall consider establishing a financial intelligence unit responsible for forwarding.
Article 59 Bilateral and Multilateral Agreements and Arrangements
States Parties, in order to increase the effectiveness of international cooperation undertaken pursuant to this section will assess the Convention to enter into bilateral or multilateral agreements or arrangements.
CHAPTER VI TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Article 60
Training and Technical Assistance. Each State Party shall, to the extent necessary, to prevent corruption and to launch scientific training programs for personnel in charge of the fight against corruption, to carry out and develop. This training program, others in addition, may include the following topics:
(a) and collecting evidence, including the use of investigative methods, prevention of corruption, detection, investigation, effective measures to be punished and control;
(B) development of strategic anti-corruption policy and planning for capacity building;
(C) training of competent authorities in the preparation of mutual legal assistance requests in accordance with the terms of the contract;
(D) Establishment of evaluation and management of public services and strengthening of public financial management, including public procurement, and the private sector;
(E) of the Convention on the prevention of the transfer of criminal offenses established in accordance with income, to fight it and the withdrawal of these revenues;
(F) determining the income of the offense established in accordance with this Convention and freezing;
(G) This Agreement and the transfer of these revenues in accordance with the movement of the proceeds of crime is established, monitoring and methods of concealment used in the exchange;
(H) the offense established in accordance with this Convention appropriate to facilitate the return of income and effective legal and administrative mechanisms and methods;
(Ii) the methods used for the protection of victims and witnesses who cooperate with judicial authorities;
and (j) national and international regulations with language training.
2. States Parties, in accordance with the capacity, especially developed to the benefit of the country, as for their anti-corruption plans and programs of this Article paragraph 1 on, including education and material support in the specified area, together provide the fullest technical assistance; In addition, mutual legal assistance and extradition between States Parties to facilitate cooperation in the fields of education, knowledge and expertise necessary to help ensure the experience will evaluate the exchange. 3
. States Parties shall, to the extent necessary, it will increase international and regional organizations and in the framework of relevant bilateral and multilateral agreements and arrangements and operational efforts to maximize levels of educational activities.
4. States Parties, with the participation of the authorities and society to develop the anti-corruption strategy and action plan, upon request, kind of on the state of corruption, its causes, assessment of the impact and cost, conduct studies and research will evaluate to help each other.
5. The States Parties to facilitate the offense established in accordance with this Convention for the withdrawal of income, they can cooperate by informing each other of the names of experts that can help achieve this goal.
6. States Parties shall cooperate and to promote technical assistance and developing countries which are the economy, including the special problems and needs of the countries in transition, to ensure that the discussion of common problems subregional, will evaluate to benefit from regional and international conferences and seminars.
7. States Parties to the economies of developing countries and countries in transition in their efforts to implement the Convention, technical assistance programs and projects through voluntary mechanisms in order to make financial contributions will be evaluated to establish.
8. Each State Party, that the programs and projects in developing countries for the implementation of the United Nations Convention to support through the Office of Drugs and Crime, the office will evaluate to engage in voluntary contributions.
Collection of Information on
corruption, Exchange and Analysis
1. Each State Party shall, in consultation with experts, as well as cases where the processing of corruption offenses, will be evaluated to analyze trends in the country of corruption.
2. The States Parties to combat corruption and best practices of information about, as well as for the corruption prevention, define common as far as possible, in order to improve the standards and methodology, corruption and statistics on information and analytical expertise to develop and they will consider sharing through each other and with international and regional organizations. 3
. Each State Party anti-corruption policies and monitoring the measures taken and will be evaluated to measure their effectiveness and efficiency.
Other Measures Article 62: Implementation of the Convention of Economic Development and Technical Assistance Through its
1. States Parties to the corruption of society in general and in particular taking into account the negative impact on sustainable development, which allows the proper implementation of the Convention through international cooperation measures, is the most widely receivable possible.
2. States Parties, in cooperation with the extent and international and each other as well as regional organizations as possible will show concrete efforts for the following:
(a) the prevention of corruption in developing countries and to strengthen their capacity to fight corruption in order to enhance the cooperation at different levels with these countries;
(B) to prevent corruption effectively and to support the efforts made by developing countries to fight corruption and this Agreement to increase the financial and material assistance to help them successfully in practice;
(C) to developing countries and economies in transition, which provide technical assistance to help meet their need for the implementation of this Convention. To this end, States Parties to the United Nations as a special mechanism in the fund to an account designated for that purpose shall endeavor to make adequate and regular voluntary contributions. States Parties shall also, in accordance with the provisions of their domestic law and this Agreement, this Agreement pursuant confiscated pecuniary percentage of criminal proceeds or property or the amount corresponding to this money, donating to the account can evaluate specifically;
(D) other States Parties and financial institutions, especially the more training programs to developing countries in order to help achieve the objectives of the Convention and providing modern equipment by, if necessary, encouraged to participate in the efforts carried out in accordance with this article and persuade. 3
. These measures, to the extent possible, existing foreign assistance commitments or two, without prejudice to other financial cooperation arrangements at the regional or international level.
4. States Parties, to be effective international co-operation procedure provided for in this Agreement and prevention of corruption, taking into consideration the financial arrangements necessary for the detection and control, on material and logistical assistance sided dual or multiple agreements or make arrangements. CHAPTER VII IMPLEMENTATION MECHANISMS
Article 63 Conference of States Parties to the Convention
1. States Parties to improve their capabilities to achieve the objectives of this Convention and the cooperation between them, to promote the implementation of this Agreement and the purpose of reviewing this Convention Conference of the States Parties is established.
2. United Nations Secretary-General of the Conference of the States Parties, will collect the entry into force of this Convention the following year at the latest. Later, the Conference of States Parties shall be made in accordance with the rules of procedure adopted by the Conference regular meetings. 3
. States Parties Conference, the rules of procedure, including rules concerning the admission and participation of observers, rules for the conduct of activities under this Article and shall determine the rules for the payment of the costs resulting from the fulfillment of these activities.
4. Conference of States Parties, to achieve the objectives set out in paragraph 1 of this Article, including the following, activities and shall agree on the working procedures and methods:
(a), including promoting engage in voluntary contribution, the States Parties to the present Covenant 60 II-th and 62 th items. to facilitate their activities in the Section V;
(B) Others In addition, through the publication of the required information as mentioned in this article, among States Parties, corruption models and trends, prevention of corruption and the successful implementation and proceeds of crime in the fight against corruption to facilitate the exchange of information on return;
(C) Cooperating with relevant international and regional organizations and mechanisms and non-governmental organizations;
(D) in order to avoid unnecessarily increasing the workload, other international and regional mechanisms for the prevention of corruption and the fight against corruption by the necessary information obtained within the framework of proper exploitation;
(E) Reviewing the implementation of this Convention by the States Parties at regular intervals;
(F) making recommendations for the development and implementation of this Convention;
(G) States Parties, emphasizing the need for technical assistance for the implementation of this Convention and in this context, to make recommendations that may be required.
5. For the purposes of paragraph 4 of this article, States Parties Conference, the necessary information on the measures and difficulties taken in the implementation of the Convention, which is provided by the Parties information and you will get through an additional review mechanisms can be by himself facility.
6. Each State Party to this Convention as the legal and administrative measures taken to implement the order, plans, programs and information about the application of the Conference of States Parties shall ensure in the manner requested by the Conference. Conference of the States Parties, as well as others, and States Parties, including those supplied by the competent international organizations, receiving and processing of information will investigate the most effective method of keeping subject. Adopted by the Conference of States Parties to the provision of duly accredited non-governmental organizations concerned it has also assessed the data.
7. In accordance with Article 4 and paragraph 6 of this Article, the Conference of the States Parties, if deemed necessary, it will establish an appropriate mechanism or unit to assist the implementation of the Convention effectively. Article 64 Secretariat
1. United Nations Secretary-General, this Convention, States Parties shall provide the necessary secretariat services to the Conference.
a) the Conference of States Parties, which will help in the execution of the activities foreseen in Article 63 of the Convention and the States Parties to provide arrangements and services required for the sessions of the Conference;
B) Upon request, the States Parties to this Convention, as provided for in Article 63 of the 5th and 6th paragraph, the States Parties to provide information that will help in the conference; and
c) provide the necessary coordination with the secretariat of the relevant international and regional organizations.
CHAPTER VIII FINAL PROVISIONS Article 65 Implementation
contract. Each State Party, including legislative and administrative measures, in accordance with the fundamental principles of domestic law, take the necessary measures to ensure the fulfillment of its obligations under this Agreement.
2. Each State Party to this Convention from those provided for the prevention of corruption and corruption may take firmer and stronger actions. Article 66 Settlement of Disputes
1. States Parties, disputes concerning the interpretation or application of this Convention shall endeavor to resolve by negotiation.
2. between two or more States Parties, any dispute concerning the interpretation or application of this Agreement can not be settled through negotiation within a reasonable time, at the request of those States Parties, it is submitted to arbitration. If after 6 months from the date of the arbitration request, the States Parties if an agreement can not provide for the establishment of arbitration, that any mismatch of the States Parties, to appropriate a request to the status of the Court, it may take to the International Court of Justice. 3
. Each State Party to this Convention signing, ratification, acceptance or approval or acceding to find itself, paragraph 2 of this Article may report that connected with the counting. The other States Parties shall not be bound by such a derogation States Parties with regard to paragraph 2 of this Article.
4. This material of any State Party which has made a reservation in accordance with paragraph 3 of the United Nations by notifying the Secretary-General may remove such reservations at any time.
Article 67 Signature, ratification, acceptance, approval and Participation
1. This Agreement, in the city of Merida in Mexico from 9-11 December 2003 and from then on 9 December 2005 of the United Nations in New York will be open for signature by all States at the Headquarters.
2. This Agreement, in accordance with paragraph 1 of this Article, provided that at least one member state from signing the contract for signature by regional economic integration organization shall also be open.
. This Agreement, ratify, it is subject to acceptance or approval. Ratification, acceptance or approval shall be to documents deposited with the Secretary General of the United Nations. A regional economic integration organization, at least one of the member States so his case, ratification, acceptance or approval may deposit the document. Such organizations, ratification, acceptance or approval documents shall declare the limits of their competence with respect to matters governed by this Convention. These organizations of any changes concerning the scope of the authorization shall also inform the depositary.
4. The contract of at least one of any State or Member State is open to the participation of any regional economic integration organization which is party to this Convention. Participation certificates, shall be deposited with the Secretary General of the United Nations. During the accession, regional economic integration organization shall declare the limits of their competence with respect to matters governed by this Agreement. Any changes regarding the scope of such an organization shall also inform the depositary authority. Article 68 Entry into force
1. This Agreement is the thirtieth ratification, acceptance, approval or shall enter the date of accession was deposited into force on the ninetieth day. For the purposes of this paragraph, any instrument has been deposited by a regional economic integration organization, deposited by member States of such organization shall not be counted as additional ones.
2. This contract ratified after the thirtieth document deposit, accepts appropriate finding, or participating in any State, or in terms of a regional economic integration organization in this Agreement, that State or regional economic integration organizations of the relevant document of paragraph 1 of this Article with the deposit of thirty days after the date in accordance with the date of entry into force of the Agreement, whichever is later, it will enter into force on the date. Article 69 Changes
1. This Convention shall enter into force from the date of the end of the fifth year, a State Party may propose an amendment and present it to the UN Secretary General. The Secretary-General thereupon proposed amendment to the States Parties and the Conference of States Parties to this Convention, shall transmit the proposals to be discussed and decided in order to connect. Conference of the States Parties shall make every effort to have drinking to consensus on each amendment. If exhausted all efforts to reach consensus and agreement not heard, who was present at the Conference of States Parties as a last resort for the adoption of the amendments and the votes of two-thirds majority vote of States Parties shall be required.
2. Regional economic integration organizations, in matters within their jurisdiction, including in this matter in the voting rights, will utilize been a number equal to the number of their member States that are Parties to the Convention. If they use their voting rights in the member States of such an organization, the organization the right to vote; If used the right to vote organizations, member states not use voting rights. 3
. Paragraph 1 of this Article, an amendment adopted by States Parties in accordance with the approval is subject to acceptance or approval.
4. This material with respect to a State Party, an amendment adopted in accordance with paragraph 1, approval for such a change shall come into acceptance, approval or ratification of the UN Secretary General to the date of the depositary ninety days after effect.
5. an amendment enters into force, it shall be binding for States Parties to indicate their consent to connect. The other States Parties have ratified the provisions of this Agreement and before, will continue to be bound by any changes they have found acceptance or approval. Article 70 Withdrawal
1. A State Party may, by written notification to the United Nations Secretary-General may withdraw from this Agreement. Such a withdrawal of one year from the receipt of the notification by the Secretary General will then enter into force.
2. being a party to the Convention on the status of a regional economic integration organization, the members of the organization will end if the withdrawal from the Convention by all States.
Article 71 Depositary and Languages to be used
1. United Nations Secretary-General, has been appointed as the depositary of this Convention.
2. Of this Agreement in Arabic, Chinese, English, French, original text that the Russian and Spanish texts are equally authentic, shall be deposited with the Secretary General of the United Nations.
Undersigned duly authorized representatives who are duly authorized by their respective Governments, have signed this Convention.
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