{"id":3426,"date":"2019-06-03T22:25:37","date_gmt":"2019-06-03T22:25:37","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=3426"},"modified":"2019-11-15T21:11:53","modified_gmt":"2019-11-15T21:11:53","slug":"united-nations-convention-against-corruption","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=3426","title":{"rendered":"United Nations Convention against Corruption"},"content":{"rendered":"

Preamble<\/strong>
\nThe States Parties to this Convention,<\/p>\n

Concerned<\/strong> about the seriousness of problems and threats posed by corruption
\nto the stability and security of societies, undermining the institutions and values of
\ndemocracy, ethical values and justice and jeopardizing sustainable development and
\nthe rule of law,
\nConcerned<\/strong> also about the links between corruption and other forms of crime,
\nin particular organized crime and economic crime, including money-laundering,<\/p>\n

Concerned<\/strong> further about cases of corruption that involve vast quantities of
\nassets, which may constitute a substantial proportion of the resources of States, and
\nthat threaten the political stability and sustainable development of those States,<\/p>\n

Convinced<\/strong> that corruption is no longer a local matter but a transnational
\nphenomenon that affects all societies and economies, making international
\ncooperation to prevent and control it essential,<\/p>\n

Convinced<\/strong> also that a comprehensive and multidisciplinary approach is
\nrequired to prevent and combat corruption effectively,<\/p>\n

Convinced<\/strong> further that the availability of technical assistance can play an
\nimportant role in enhancing the ability of States, including by strengthening
\ncapacity and by institution-building, to prevent and combat corruption effectively,<\/p>\n

Convinced<\/strong> that the illicit acquisition of personal wealth can be particularly
\ndamaging to democratic institutions, national economies and the rule of law,<\/p>\n

Determined<\/strong> to prevent, detect and deter in a more effective manner
\ninternational transfers of illicitly acquired assets and to strengthen international
\ncooperation in asset recovery,<\/p>\n

Acknowledging<\/strong> the fundamental principles of due process of law in criminal
\nproceedings and in civil or administrative proceedings to adjudicate property rights,<\/p>\n

Bearing<\/strong> in mind that the prevention and eradication of corruption is a
\nresponsibility of all States and that they must cooperate with one another, with the
\nsupport and involvement of individuals and groups outside the public sector, such as
\ncivil society, non-governmental organizations and community-based organizations,
\nif their efforts in this area are to be effective,<\/p>\n

Bearing<\/strong> also in mind the principles of proper management of public affairs
\nand public property, fairness, responsibility and equality before the law and the need
\nto safeguard integrity and to foster a culture of rejection of corruption,<\/p>\n

Commending<\/strong> the work of the Commission on Crime Prevention and Criminal
\nJustice and the United Nations Office on Drugs and Crime in preventing and
\ncombating corruption,<\/p>\n

Recalling<\/strong> the work carried out by other international and regional
\norganizations in this field, including the activities of the African Union, the Council
\nof Europe, the Customs Cooperation Council (also known as the World Customs
\nOrganization), the European Union, the League of Arab States, the Organisation for
\nEconomic Cooperation and Development and the Organization of American States,<\/p>\n

Taking<\/strong> note with appreciation of multilateral instruments to prevent and
\ncombat corruption, including, inter alia, the Inter-American Convention against
\nCorruption, adopted by the Organization of American States on 29 March 1996,1 the
\nConvention on the Fight against Corruption involving Officials of the European
\nCommunities or Officials of Member States of the European Union, adopted by the
\nCouncil of the European Union on 26 May 1997,2 the Convention on Combating
\nBribery of Foreign Public Officials in International Business Transactions, adopted
\nby the Organisation for Economic Cooperation and Development on 21 November
\n1997,3 the Criminal Law Convention on Corruption, adopted by the Committee of
\nMinisters of the Council of Europe on 27 January 1999,4 the Civil Law Convention
\non Corruption, adopted by the Committee of Ministers of the Council of Europe on
\n4 November 1999,5 and the African Union Convention on Preventing and
\nCombating Corruption, adopted by the Heads of State and Government of the
\nAfrican Union on 12 July 2003,<\/p>\n

Welcoming<\/strong> the entry into force on 29 September 2003 of the United Nations
\nConvention against Transnational Organized Crime,6
\nHave agreed as follows:<\/p>\n

Chapter I<\/strong>
\n General provisions<\/strong><\/h4>\n

Article 1<\/strong><\/em><\/span>
\nStatement of purpose<\/strong><\/span><\/p>\n

The purposes of this Convention are:
\n(a) To promote and strengthen measures to prevent and combat corruption
\nmore efficiently and effectively;
\n(b) To promote, facilitate and support international cooperation and technical
\nassistance in the prevention of and fight against corruption, including in asset
\nrecovery;
\n(c) To promote integrity, accountability and proper management of public
\naffairs and public property.<\/p>\n

Article 2<\/strong><\/em><\/span>
\nUse of terms<\/strong><\/span>
\nFor the purposes of this Convention:
\n(a) \u201cPublic official\u201d shall mean: (i) any person holding a legislative,
\nexecutive, administrative or judicial office of a State Party, whether appointed or
\nelected, whether permanent or temporary, whether paid or unpaid, irrespective of
\nthat person\u2019s seniority; (ii) any other person who performs a public function,
\nincluding for a public agency or public enterprise, or provides a public service, as
\ndefined in the domestic law of the State Party and as applied in the pertinent area of
\nlaw of that State Party; (iii) any other person defined as a \u201cpublic official\u201d in the
\ndomestic law of a State Party. However, for the purpose of some specific measures
\ncontained in chapter II of this Convention, \u201cpublic official\u201d may mean any person
\nwho performs a public function or provides a public service as defined in the
\ndomestic law of the State Party and as applied in the pertinent area of law of that
\nState Party;
\n(b) \u201cForeign public official\u201d shall mean any person holding a legislative,
\nexecutive, administrative or judicial office of a foreign country, whether appointed
\nor elected; and any person exercising a public function for a foreign country,
\nincluding for a public agency or public enterprise;
\n(c) \u201cOfficial of a public international organization\u201d shall mean an
\ninternational civil servant or any person who is authorized by such an organization
\nto act on behalf of that organization;
\n(d) \u201cProperty\u201d shall mean assets of every kind, whether corporeal or
\nincorporeal, movable or immovable, tangible or intangible, and legal documents or
\ninstruments evidencing title to or interest in such assets;
\n(e) \u201cProceeds of crime\u201d shall mean any property derived from or obtained,
\ndirectly or indirectly, through the commission of an offence;
\n(f) \u201cFreezing\u201d or \u201cseizure\u201d shall mean temporarily prohibiting the transfer,
\nconversion, disposition or movement of property or temporarily assuming custody
\nor control of property on the basis of an order issued by a court or other competent
\nauthority;
\n(g) \u201cConfiscation\u201d, which includes forfeiture where applicable, shall mean
\nthe permanent deprivation of property by order of a court or other competent
\nauthority;
\n(h) \u201cPredicate offence\u201d shall mean any offence as a result of which proceeds
\nhave been generated that may become the subject of an offence as defined in
\narticle 23 of this Convention;
\n(i) \u201cControlled delivery\u201d shall mean the technique of allowing illicit or
\nsuspect consignments to pass out of, through or into the territory of one or more
\nStates, with the knowledge and under the supervision of their competent authorities,
\nwith a view to the investigation of an offence and the identification of persons
\ninvolved in the commission of the offence.<\/p>\n

Article 3<\/strong><\/em><\/span>
\nScope of application<\/strong><\/span>
\n1. This Convention shall apply, in accordance with its terms, to the
\nprevention, investigation and prosecution of corruption and to the freezing, seizure,
\nconfiscation and return of the proceeds of offences established in accordance with
\nthis Convention.
\n2. For the purposes of implementing this Convention, it shall not be
\nnecessary, except as otherwise stated herein, for the offences set forth in it to result
\nin damage or harm to state property.<\/p>\n

Article 4<\/strong><\/em><\/span>
\nProtection of sovereignty<\/strong><\/span>
\n1. States Parties shall carry out their obligations under this Convention in a
\nmanner consistent with the principles of sovereign equality and territorial integrity
\nof States and that of non-intervention in the domestic affairs of other States.
\n2. Nothing in this Convention shall entitle a State Party to undertake in the
\nterritory of another State the exercise of jurisdiction and performance of functions
\nthat are reserved exclusively for the authorities of that other State by its domestic
\nlaw.<\/p>\n

Chapter II<\/strong>
\n Preventive measures<\/strong><\/h4>\n

Article 5<\/strong><\/em><\/span>
\nPreventive anti-corruption policies and practices<\/strong><\/span>
\n1. Each State Party shall, in accordance with the fundamental principles of
\nits legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the
\nprinciples of the rule of law, proper management of public affairs and public
\nproperty, integrity, transparency and accountability.
\n2. Each State Party shall endeavor to establish and promote effective
\npractices aimed at the prevention of corruption.
\n3. Each State Party shall endeavor to periodically evaluate relevant legal
\ninstruments and administrative measures with a view to determining their adequacy
\nto prevent and fight corruption.
\n4. States Parties shall, as appropriate and in accordance with the
\nfundamental principles of their legal system, collaborate with each other and with
\nrelevant international and regional organizations in promoting and developing the
\nmeasures referred to in this article. That collaboration may include participation in
\ninternational programs and projects aimed at the prevention of corruption.<\/p>\n

Article 6<\/strong><\/em><\/span>
\nPreventive anti-corruption body or bodies<\/strong><\/span>
\n1. Each State Party shall, in accordance with the fundamental principles of
\nits legal system, ensure the existence of a body or bodies, as appropriate, that
\nprevent corruption by such means as:
\n(a) Implementing the policies referred to in article 5 of this Convention and,
\nwhere appropriate, overseeing and coordinating the implementation of those
\npolicies;
\n(b) Increasing and disseminating knowledge about the prevention of
\ncorruption.
\n2. Each State Party shall grant the body or bodies referred to in paragraph 1
\nof this article the necessary independence, in accordance with the fundamental
\nprinciples of its legal system, to enable the body or bodies to carry out its or their
\nfunctions effectively and free from any undue influence. The necessary material
\nresources and specialized staff, as well as the training that such staff may require to
\ncarry out their functions, should be provided.
\n3. Each State Party shall inform the Secretary-General of the United
\nNations of the name and address of the authority or authorities that may assist other
\nStates Parties in developing and implementing specific measures for the prevention
\nof corruption.<\/p>\n

Article 7<\/strong><\/em><\/span>
\nPublic sector<\/strong><\/span>
\n1. Each State Party shall, where appropriate and in accordance with the
\nfundamental principles of its legal system, endeavor to adopt, maintain and
\nstrengthen systems for the recruitment, hiring, retention, promotion and retirement
\nof civil servants and, where appropriate, other non-elected public officials:
\n(a) That are based on principles of efficiency, transparency and objective
\ncriteria such as merit, equity and aptitude;
\n(b) That include adequate procedures for the selection and training of
\nindividuals for public positions considered especially vulnerable to corruption and
\nthe rotation, where appropriate, of such individuals to other positions;
\n(c) That promote adequate remuneration and equitable pay scales, taking
\ninto account the level of economic development of the State Party;
\n(d) That promote education and training programs to enable them to meet
\nthe requirements for the correct, honorable and proper performance of public
\nfunctions and that provide them with specialized and appropriate training to enhance
\ntheir awareness of the risks of corruption inherent in the performance of their
\nfunctions. Such programs may make reference to codes or standards of conduct
\nin applicable areas.
\n2. Each State Party shall also consider adopting appropriate legislative and
\nadministrative measures, consistent with the objectives of this Convention and in
\naccordance with the fundamental principles of its domestic law, to prescribe criteria
\nconcerning candidature for and election to public office.
\n3. Each State Party shall also consider taking appropriate legislative and
\nadministrative measures, consistent with the objectives of this Convention and in
\naccordance with the fundamental principles of its domestic law, to enhance
\ntransparency in the funding of candidatures for elected public office and, where
\napplicable, the funding of political parties.
\n4. Each State Party shall, in accordance with the fundamental principles of
\nits domestic law, endeavor to adopt, maintain and strengthen systems that promote
\ntransparency and prevent conflicts of interest.<\/p>\n

Article 8<\/strong><\/em><\/span>
\nCodes of conduct for public officials<\/strong><\/span>
\n1. In order to fight corruption, each State Party shall promote, inter alia,
\nintegrity, honesty and responsibility among its public officials, in accordance with
\nthe fundamental principles of its legal system.
\n2. In particular, each State Party shall endeavor to apply, within its own
\ninstitutional and legal systems, codes or standards of conduct for the correct,
\nhonorable and proper performance of public functions.
\n3. For the purposes of implementing the provisions of this article, each
\nState Party shall, where appropriate and in accordance with the fundamental
\nprinciples of its legal system, take note of the relevant initiatives of regional,
\ninterregional and multilateral organizations, such as the International Code of
\nConduct for Public Officials contained in the annex to General Assembly
\nresolution 51\/59 of 12 December 1996.
\n4. Each State Party shall also consider, in accordance with the fundamental
\nprinciples of its domestic law, establishing measures and systems to facilitate the
\nreporting by public officials of acts of corruption to appropriate authorities, when
\nsuch acts come to their notice in the performance of their functions.
\n5. Each State Party shall endeavor, where appropriate and in accordance
\nwith the fundamental principles of its domestic law, to establish measures and
\nsystems requiring public officials to make declarations to appropriate authorities
\nregarding, inter alia, their outside activities, employment, investments, assets and
\nsubstantial gifts or benefits from which a conflict of interest may result with respect
\nto their functions as public officials.
\n6. Each State Party shall consider taking, in accordance with the
\nfundamental principles of its domestic law, disciplinary or other measures against
\npublic officials who violate the codes or standards established in accordance with
\nthis article.<\/p>\n

Article 9<\/strong><\/em><\/span>
\nPublic procurement and management of public finances<\/strong><\/span>
\n1. Each State Party shall, in accordance with the fundamental principles of
\nits legal system, take the necessary steps to establish appropriate systems of
\nprocurement, based on transparency, competition and objective criteria in
\ndecision-making, that are effective, inter alia, in preventing corruption. Such
\nsystems, which may take into account appropriate threshold values in their
\napplication, shall address, inter alia:
\n(a) The public distribution of information relating to procurement
\nprocedures and contracts, including information on invitations to tender and
\nrelevant or pertinent information on the award of contracts, allowing potential
\ntenderers sufficient time to prepare and submit their tenders;
\n(b) The establishment, in advance, of conditions for participation, including
\nselection and award criteria and tendering rules, and their publication;
\n(c) The use of objective and predetermined criteria for public procurement
\ndecisions, in order to facilitate the subsequent verification of the correct application
\nof the rules or procedures;
\n(d) An effective system of domestic review, including an effective system of
\nappeal, to ensure legal recourse and remedies in the event that the rules or
\nprocedures established pursuant to this paragraph are not followed;
\n(e) Where appropriate, measures to regulate matters regarding personnel
\nresponsible for procurement, such as declaration of interest in particular public
\nprocurements, screening procedures and training requirements.
\n2. Each State Party shall, in accordance with the fundamental principles of
\nits legal system, take appropriate measures to promote transparency and
\naccountability in the management of public finances. Such measures shall
\nencompass, inter alia:
\n(a) Procedures for the adoption of the national budget;
\n(b) Timely reporting on revenue and expenditure;
\n(c) A system of accounting and auditing standards and related oversight;
\n(d) Effective and efficient systems of risk management and internal control; and
\n(e) Where appropriate, corrective action in the case of failure to comply with
\nthe requirements established in this paragraph.
\n3. Each State Party shall take such civil and administrative measures as may
\nbe necessary, in accordance with the fundamental principles of its domestic law, to
\npreserve the integrity of accounting books, records, financial statements or other
\ndocuments related to public expenditure and revenue and to prevent the falsification
\nof such documents.<\/p>\n

Article 10<\/strong><\/em><\/span>
\nPublic reporting<\/strong><\/span>
\nTaking into account the need to combat corruption, each State Party shall, in
\naccordance with the fundamental principles of its domestic law, take such measures
\nas may be necessary to enhance transparency in its public administration, including
\nwith regard to its organization, functioning and decision-making processes, where
\nappropriate. Such measures may include, inter alia:
\n(a) Adopting procedures or regulations allowing members of the general
\npublic to obtain, where appropriate, information on the organization, functioning
\nand decision-making processes of its public administration and, with due regard for
\nthe protection of privacy and personal data, on decisions and legal acts that concern
\nmembers of the public;
\n(b) Simplifying administrative procedures, where appropriate, in order to
\nfacilitate public access to the competent decision-making authorities; and
\n(c) Publishing information, which may include periodic reports on the risks
\nof corruption in its public administration.<\/p>\n

Article 11<\/strong><\/em><\/span>
\nMeasures relating to the judiciary and prosecution services<\/strong><\/span>
\n1. Bearing in mind the independence of the judiciary and its crucial role in
\ncombating corruption, each State Party shall, in accordance with the fundamental
\nprinciples of its legal system and without prejudice to judicial independence, take
\nmeasures to strengthen integrity and to prevent opportunities for corruption among
\nmembers of the judiciary. Such measures may include rules with respect to the
\nconduct of members of the judiciary.
\n2. Measures to the same effect as those taken pursuant to paragraph 1 of
\nthis article may be introduced and applied within the prosecution service in those
\nStates Parties where it does not form part of the judiciary but enjoys independence
\nsimilar to that of the judicial service.<\/p>\n

Article 12<\/strong><\/em><\/span>
\nPrivate sector<\/strong><\/span>
\n1. Each State Party shall take measures, in accordance with the fundamental
\nprinciples of its domestic law, to prevent corruption involving the private sector,
\nenhance accounting and auditing standards in the private sector and, where
\nappropriate, provide effective, proportionate and dissuasive civil, administrative or
\ncriminal penalties for failure to comply with such measures.
\n2. Measures to achieve these ends may include, inter alia:
\n(a) Promoting cooperation between law enforcement agencies and relevant
\nprivate entities;
\n(b) Promoting the development of standards and procedures designed to
\nsafeguard the integrity of relevant private entities, including codes of conduct for
\nthe correct, honorable and proper performance of the activities of business and all
\nrelevant professions and the prevention of conflicts of interest, and for the
\npromotion of the use of good commercial practices among businesses and in the
\ncontractual relations of businesses with the State;
\n(c) Promoting transparency among private entities, including, where
\nappropriate, measures regarding the identity of legal and natural persons involved in
\nthe establishment and management of corporate entities;
\n(d) Preventing the misuse of procedures regulating private entities, including
\nprocedures regarding subsidies and licences granted by public authorities for
\ncommercial activities;
\n(e) Preventing conflicts of interest by imposing restrictions, as appropriate
\nand for a reasonable period of time, on the professional activities of former public
\nofficials or on the employment of public officials by the private sector after their
\nresignation or retirement, where such activities or employment relate directly to the
\nfunctions held or supervised by those public officials during their tenure;
\n(f) Ensuring that private enterprises, taking into account their structure and
\nsize, have sufficient internal auditing controls to assist in preventing and detecting
\nacts of corruption and that the accounts and required financial statements of such
\nprivate enterprises are subject to appropriate auditing and certification procedures.
\n3. In order to prevent corruption, each State Party shall take such measures
\nas may be necessary, in accordance with its domestic laws and regulations regarding
\nthe maintenance of books and records, financial statement disclosures and
\naccounting and auditing standards, to prohibit the following acts carried out for the
\npurpose of committing any of the offences established in accordance with this
\nConvention:
\n(a) The establishment of off-the-books accounts;
\n(b) The making of off-the-books or inadequately identified transactions;
\n(c) The recording of non-existent expenditure;
\n(d) The entry of liabilities with incorrect identification of their objects;
\n(e) The use of false documents; and
\n(f) The intentional destruction of bookkeeping documents earlier than
\nforeseen by the law.
\n4. Each State Party shall disallow the tax deductibility of expenses that
\nconstitute bribes, the latter being one of the constituent elements of the offences
\nestablished in accordance with articles 15 and 16 of this Convention and, where
\nappropriate, other expenses incurred in furtherance of corrupt conduct.<\/p>\n

Article 13<\/strong><\/em><\/span>
\nParticipation of society<\/strong><\/span>
\n1. Each State Party shall take appropriate measures, within its means and in
\naccordance with fundamental principles of its domestic law, to promote the active
\nparticipation of individuals and groups outside the public sector, such as civil
\nsociety, non-governmental organizations and community-based organizations, in the
\nprevention of and the fight against corruption and to raise public awareness
\nregarding the existence, causes and gravity of and the threat posed by corruption.
\nThis participation should be strengthened by such measures as:
\n(a) Enhancing the transparency of and promoting the contribution of the
\npublic to decision-making processes;
\n(b) Ensuring that the public has effective access to information;
\n(c) Undertaking public information activities that contribute to non-tolerance
\nof corruption, as well as public education programs, including school and
\nuniversity curricula;
\n(d) Respecting, promoting and protecting the freedom to seek, receive,
\npublish and disseminate information concerning corruption. That freedom may be
\nsubject to certain restrictions, but these shall only be such as are provided for by law
\nand are necessary:
\n(i) For respect of the rights or reputations of others;
\n(ii) For the protection of national security or ordre public or of public health
\nor morals.
\n2. Each State Party shall take appropriate measures to ensure that the
\nrelevant anti-corruption bodies referred to in this Convention are known to the
\npublic and shall provide access to such bodies, where appropriate, for the reporting,
\nincluding anonymously, of any incidents that may be considered to constitute an
\noffence established in accordance with this Convention.<\/p>\n

Article 14<\/strong><\/em><\/span>
\nMeasures to prevent money-laundering<\/strong><\/span>
\n1. Each State Party shall:
\n(a) Institute a comprehensive domestic regulatory and supervisory regime
\nfor banks and non-bank financial institutions, including natural or legal persons that
\nprovide formal or informal services for the transmission of money or value and,
\nwhere appropriate, other bodies particularly susceptible to money-laundering,
\nwithin its competence, in order to deter and detect all forms of money-laundering,
\nwhich regime shall emphasize requirements for customer and, where appropriate,
\nbeneficial owner identification, record-keeping and the reporting of suspicious
\ntransactions;
\n(b) Without prejudice to article 46 of this Convention, ensure that
\nadministrative, regulatory, law enforcement and other authorities dedicated to
\ncombating money-laundering (including, where appropriate under domestic law,
\njudicial authorities) have the ability to cooperate and exchange information at the
\nnational and international levels within the conditions prescribed by its domestic
\nlaw and, to that end, shall consider the establishment of a financial intelligence unit
\nto serve as a national center for the collection, analysis and dissemination of
\ninformation regarding potential money-laundering.
\n2. States Parties shall consider implementing feasible measures to detect
\nand monitor the movement of cash and appropriate negotiable instruments across
\ntheir borders, subject to safeguards to ensure proper use of information and without
\nimpeding in any way the movement of legitimate capital. Such measures may
\ninclude a requirement that individuals and businesses report the cross-border
\ntransfer of substantial quantities of cash and appropriate negotiable instruments.
\n3. States Parties shall consider implementing appropriate and feasible
\nmeasures to require financial institutions, including money remitters:
\n(a) To include on forms for the electronic transfer of funds and related
\nmessages accurate and meaningful information on the originator;
\n(b) To maintain such information throughout the payment chain; and
\n(c) To apply enhanced scrutiny to transfers of funds that do not contain
\ncomplete information on the originator.
\n4. In establishing a domestic regulatory and supervisory regime under the
\nterms of this article, and without prejudice to any other article of this Convention,
\nStates Parties are called upon to use as a guideline the relevant initiatives of
\nregional, interregional and multilateral organizations against money-laundering.
\n5. States Parties shall endeavor to develop and promote global, regional,
\nsubregional and bilateral cooperation among judicial, law enforcement and financial
\nregulatory authorities in order to combat money-laundering.<\/p>\n

Chapter III<\/strong>
\n Criminalization and law enforcement<\/strong><\/h4>\n

Article 15<\/strong><\/em><\/span>
\nBribery of national public officials<\/strong><\/span>
\nEach State Party shall adopt such legislative and other measures as may be
\nnecessary to establish as criminal offences, when committed intentionally:
\n(a) The promise, offering or giving, to a public official, directly or indirectly,
\nof an undue advantage, for the official himself or herself or another person or entity,
\nin order that the official act or refrain from acting in the exercise of his or her
\nofficial duties;
\n(b) The solicitation or acceptance by a public official, directly or indirectly,
\nof an undue advantage, for the official himself or herself or another person or entity,
\nin order that the official act or refrain from acting in the exercise of his or her
\nofficial duties.<\/p>\n

Article 16<\/strong><\/em><\/span>
\nBribery of foreign public officials and officials of public international organizations<\/strong><\/span>
\n1. Each State Party shall adopt such legislative and other measures as may
\nbe necessary to establish as a criminal offence, when committed intentionally, the
\npromise, offering or giving to a foreign public official or an official of a public
\ninternational organization, directly or indirectly, of an undue advantage, for the
\nofficial himself or herself or another person or entity, in order that the official act or
\nrefrain from acting in the exercise of his or her official duties, in order to obtain or
\nretain business or other undue advantage in relation to the conduct of international
\nbusiness.
\n2. Each State Party shall consider adopting such legislative and other
\nmeasures as may be necessary to establish as a criminal offence, when committed
\nintentionally, the solicitation or acceptance by a foreign public official or an official
\nof a public international organization, directly or indirectly, of an undue advantage,
\nfor the official himself or herself or another person or entity, in order that the official
\nact or refrain from acting in the exercise of his or her official duties.<\/p>\n

Article 17<\/strong><\/em><\/span>
\nEmbezzlement, misappropriation or other diversion<\/strong><\/span>
\nof property by a public official
\nEach State Party shall adopt such legislative and other measures as may be
\nnecessary to establish as criminal offences, when committed intentionally, the
\nembezzlement, misappropriation or other diversion by a public official for his or her
\nbenefit or for the benefit of another person or entity, of any property, public or
\nprivate funds or securities or any other thing of value entrusted to the public official
\nby virtue of his or her position.<\/p>\n

Article 18<\/strong><\/em><\/span>
\nTrading in influence<\/strong><\/span>
\nEach State Party shall consider adopting such legislative and other measures as
\nmay be necessary to establish as criminal offences, when committed intentionally:
\n(a) The promise, offering or giving to a public official or any other person,
\ndirectly or indirectly, of an undue advantage in order that the public official or the
\nperson abuse his or her real or supposed influence with a view to obtaining from an
\nadministration or public authority of the State Party an undue advantage for the
\noriginal instigator of the act or for any other person;
\n(b) The solicitation or acceptance by a public official or any other person,
\ndirectly or indirectly, of an undue advantage for himself or herself or for another
\nperson in order that the public official or the person abuse his or her real or
\nsupposed influence with a view to obtaining from an administration or public
\nauthority of the State Party an undue advantage.<\/p>\n

Article 19<\/strong><\/em><\/span>
\nAbuse of functions<\/strong><\/span>
\nEach State Party shall consider adopting such legislative and other measures as
\nmay be necessary to establish as a criminal offence, when committed intentionally,
\nthe abuse of functions or position, that is, the performance of or failure to perform
\nan act, in violation of laws, by a public official in the discharge of his or her
\nfunctions, for the purpose of obtaining an undue advantage for himself or herself or
\nfor another person or entity.<\/p>\n

Article 20<\/strong><\/em><\/span>
\nIllicit enrichment<\/strong><\/span>
\nSubject to its constitution and the fundamental principles of its legal system,
\neach State Party shall consider adopting such legislative and other measures as may
\nbe necessary to establish as a criminal offence, when committed intentionally, illicit
\nenrichment, that is, a significant increase in the assets of a public official that he or
\nshe cannot reasonably explain in relation to his or her lawful income.<\/p>\n

Article 21<\/strong><\/em><\/span>
\nBribery in the private sector<\/strong><\/span>
\nEach State Party shall consider adopting such legislative and other measures as
\nmay be necessary to establish as criminal offences, when committed intentionally in
\nthe course of economic, financial or commercial activities:
\n(a) The promise, offering or giving, directly or indirectly, of an undue
\nadvantage to any person who directs or works, in any capacity, for a private sector
\nentity, for the person himself or herself or for another person, in order that he or she,
\nin breach of his or her duties, act or refrain from acting;
\n(b) The solicitation or acceptance, directly or indirectly, of an undue
\nadvantage by any person who directs or works, in any capacity, for a private sector
\nentity, for the person himself or herself or for another person, in order that he or she,
\nin breach of his or her duties, act or refrain from acting.<\/p>\n

Article 22<\/strong><\/em><\/span>
\nEmbezzlement of property in the private sector<\/strong><\/span>
\nEach State Party shall consider adopting such legislative and other measures as
\nmay be necessary to establish as a criminal offence, when committed intentionally
\nin the course of economic, financial or commercial activities, embezzlement by a
\nperson who directs or works, in any capacity, in a private sector entity of any
\nproperty, private funds or securities or any other thing of value entrusted to him or
\nher by virtue of his or her position.<\/p>\n

Article 23<\/strong><\/em><\/span>
\nLaundering of proceeds of crime<\/strong><\/span>
\n1. Each State Party shall adopt, in accordance with fundamental principles
\nof its domestic law, such legislative and other measures as may be necessary to
\nestablish as criminal offences, when committed intentionally:
\n(a) (i) The conversion or transfer of property, knowing that such property
\nis the proceeds of crime, for the purpose of concealing or disguising the illicit
\norigin of the property or of helping any person who is involved in the
\ncommission of the predicate offence to evade the legal consequences of his or
\nher action;
\n(ii) The concealment or disguise of the true nature, source, location,
\ndisposition, movement or ownership of or rights with respect to property,
\nknowing that such property is the proceeds of crime;
\n(b) Subject to the basic concepts of its legal system:
\n(i) The acquisition, possession or use of property, knowing, at the time of
\nreceipt, that such property is the proceeds of crime;
\n(ii) Participation in, association with or conspiracy to commit, attempts to
\ncommit and aiding, abetting, facilitating and counselling the commission of
\nany of the offences established in accordance with this article.
\n2. For purposes of implementing or applying paragraph 1 of this article:
\n(a) Each State Party shall seek to apply paragraph 1 of this article to the
\nwidest range of predicate offences;
\n(b) Each State Party shall include as predicate offences at a minimum a
\ncomprehensive range of criminal offences established in accordance with this
\nConvention;
\n(c) For the purposes of subparagraph (b) above, predicate offences shall
\ninclude offences committed both within and outside the jurisdiction of the State
\nParty in question. However, offences committed outside the jurisdiction of a State
\nParty shall constitute predicate offences only when the relevant conduct is a
\ncriminal offence under the domestic law of the State where it is committed and
\nwould be a criminal offence under the domestic law of the State Party implementing
\nor applying this article had it been committed there;
\n(d) Each State Party shall furnish copies of its laws that give effect to this
\narticle and of any subsequent changes to such laws or a description thereof to the
\nSecretary-General of the United Nations;
\n(e) If required by fundamental principles of the domestic law of a State
\nParty, it may be provided that the offences set forth in paragraph 1 of this article do
\nnot apply to the persons who committed the predicate offence.<\/p>\n

Article 24<\/strong><\/em><\/span>
\nConcealment<\/strong><\/span>
\nWithout prejudice to the provisions of article 23 of this Convention, each State
\nParty shall consider adopting such legislative and other measures as may be
\nnecessary to establish as a criminal offence, when committed intentionally after the
\ncommission of any of the offences established in accordance with this Convention
\nwithout having participated in such offences, the concealment or continued retention
\nof property when the person involved knows that such property is the result of any
\nof the offences established in accordance with this Convention.<\/p>\n

Article 25<\/strong><\/em><\/span>
\nObstruction of justice<\/strong><\/span>
\nEach State Party shall adopt such legislative and other measures as may be
\nnecessary to establish as criminal offences, when committed intentionally:
\n(a) The use of physical force, threats or intimidation or the promise, offering
\nor giving of an undue advantage to induce false testimony or to interfere in the
\ngiving of testimony or the production of evidence in a proceeding in relation to the
\ncommission of offences established in accordance with this Convention;
\n(b) The use of physical force, threats or intimidation to interfere with the
\nexercise of official duties by a justice or law enforcement official in relation to the
\ncommission of offences established in accordance with this Convention. Nothing in
\nthis subparagraph shall prejudice the right of States Parties to have legislation that
\nprotects other categories of public official.<\/p>\n

Article 26<\/strong><\/em><\/span>
\nLiability of legal persons<\/strong><\/span>
\n1. Each State Party shall adopt such measures as may be necessary,
\nconsistent with its legal principles, to establish the liability of legal persons for
\nparticipation in the offences established in accordance with this Convention.
\n2. Subject to the legal principles of the State Party, the liability of legal
\npersons may be criminal, civil or administrative.
\n3. Such liability shall be without prejudice to the criminal liability of the
\nnatural persons who have committed the offences.
\n4. Each State Party shall, in particular, ensure that legal persons held liable
\nin accordance with this article are subject to effective, proportionate and dissuasive
\ncriminal or non-criminal sanctions, including monetary sanctions.<\/p>\n

Article 27<\/strong><\/em><\/span>
\nParticipation and attempt<\/strong><\/span>
\n1. Each State Party shall adopt such legislative and other measures as may
\nbe necessary to establish as a criminal offence, in accordance with its domestic law,
\nparticipation in any capacity such as an accomplice, assistant or instigator in an
\noffence established in accordance with this Convention.
\n2. Each State Party may adopt such legislative and other measures as may
\nbe necessary to establish as a criminal offence, in accordance with its domestic law,
\nany attempt to commit an offence established in accordance with this Convention.
\n3. Each State Party may adopt such legislative and other measures as may
\nbe necessary to establish as a criminal offence, in accordance with its domestic law,
\nthe preparation for an offence established in accordance with this Convention.<\/p>\n

Article 28<\/strong><\/em><\/span>
\nKnowledge, intent and purpose as elements of an offence<\/strong><\/span>
\nKnowledge, intent or purpose required as an element of an offence established
\nin accordance with this Convention may be inferred from objective factual
\ncircumstances.<\/p>\n

Article 29<\/strong><\/em><\/span>
\nStatute of limitations<\/strong><\/span>
\nEach State Party shall, where appropriate, establish under its domestic law a
\nlong statute of limitations period in which to commence proceedings for any offence
\nestablished in accordance with this Convention and establish a longer statute of
\nlimitations period or provide for the suspension of the statute of limitations where
\nthe alleged offender has evaded the administration of justice.<\/p>\n

Article 30<\/strong><\/em><\/span>
\nProsecution, adjudication and sanctions<\/strong><\/span>
\n1. Each State Party shall make the commission of an offence established in
\naccordance with this Convention liable to sanctions that take into account the
\ngravity of that offence.
\n2. Each State Party shall take such measures as may be necessary to
\nestablish or maintain, in accordance with its legal system and constitutional
\nprinciples, an appropriate balance between any immunities or jurisdictional
\nprivileges accorded to its public officials for the performance of their functions and
\nthe possibility, when necessary, of effectively investigating, prosecuting and
\nadjudicating offences established in accordance with this Convention.
\n3. Each State Party shall endeavor to ensure that any discretionary legal
\npowers under its domestic law relating to the prosecution of persons for offences
\nestablished in accordance with this Convention are exercised to maximize the
\neffectiveness of law enforcement measures in respect of those offences and with due
\nregard to the need to deter the commission of such offences.
\n4. In the case of offences established in accordance with this Convention,
\neach State Party shall take appropriate measures, in accordance with its domestic
\nlaw and with due regard to the rights of the defense, to seek to ensure that
\nconditions imposed in connection with decisions on release pending trial or appeal
\ntake into consideration the need to ensure the presence of the defendant at
\nsubsequent criminal proceedings.
\n5. Each State Party shall take into account the gravity of the offences
\nconcerned when considering the eventuality of early release or parole of persons
\nconvicted of such offences.
\n6. Each State Party, to the extent consistent with the fundamental principles
\nof its legal system, shall consider establishing procedures through which a public
\nofficial accused of an offence established in accordance with this Convention may,
\nwhere appropriate, be removed, suspended or reassigned by the appropriate
\nauthority, bearing in mind respect for the principle of the presumption of innocence.
\n7. Where warranted by the gravity of the offence, each State Party, to the
\nextent consistent with the fundamental principles of its legal system, shall consider
\nestablishing procedures for the disqualification, by court order or any other
\nappropriate means, for a period of time determined by its domestic law, of persons
\nconvicted of offences established in accordance with this Convention from:
\n(a) Holding public office; and
\n(b) Holding office in an enterprise owned in whole or in part by the State.
\n8. Paragraph 1 of this article shall be without prejudice to the exercise of
\ndisciplinary powers by the competent authorities against civil servants.
\n9. Nothing contained in this Convention shall affect the principle that the
\ndescription of the offences established in accordance with this Convention and of
\nthe applicable legal defenses or other legal principles controlling the lawfulness of
\nconduct is reserved to the domestic law of a State Party and that such offences shall
\nbe prosecuted and punished in accordance with that law.
\n10. States Parties shall endeavor to promote the reintegration into society of
\npersons convicted of offences established in accordance with this Convention.<\/p>\n

Article 31<\/strong><\/em><\/span>
\nFreezing, seizure and confiscation<\/strong><\/span>
\n1. Each State Party shall take, to the greatest extent possible within its
\ndomestic legal system, such measures as may be necessary to enable confiscation
\nof:
\n(a) Proceeds of crime derived from offences established in accordance with
\nthis Convention or property the value of which corresponds to that of such proceeds;
\n(b) Property, equipment or other instrumentalities used in or destined for use
\nin offences established in accordance with this Convention.
\n2. Each State Party shall take such measures as may be necessary to enable
\nthe identification, tracing, freezing or seizure of any item referred to in paragraph 1
\nof this article for the purpose of eventual confiscation.
\n3. Each State Party shall adopt, in accordance with its domestic law, such
\nlegislative and other measures as may be necessary to regulate the administration by
\nthe competent authorities of frozen, seized or confiscated property covered in
\nparagraphs 1 and 2 of this article.
\n4. If such proceeds of crime have been transformed or converted, in part or
\nin full, into other property, such property shall be liable to the measures referred to
\nin this article instead of the proceeds.
\n5. If such proceeds of crime have been intermingled with property acquired
\nfrom legitimate sources, such property shall, without prejudice to any powers
\nrelating to freezing or seizure, be liable to confiscation up to the assessed value of
\nthe intermingled proceeds.
\n6. Income or other benefits derived from such proceeds of crime, from
\nproperty into which such proceeds of crime have been transformed or converted or
\nfrom property with which such proceeds of crime have been intermingled shall also
\nbe liable to the measures referred to in this article, in the same manner and to the
\nsame extent as proceeds of crime.
\n7. For the purpose of this article and article 55 of this Convention, each
\nState Party shall empower its courts or other competent authorities to order that
\nbank, financial or commercial records be made available or seized. A State Party
\nshall not decline to act under the provisions of this paragraph on the ground of bank
\nsecrecy.
\n8. States Parties may consider the possibility of requiring that an offender
\ndemonstrate the lawful origin of such alleged proceeds of crime or other property
\nliable to confiscation, to the extent that such a requirement is consistent with the
\nfundamental principles of their domestic law and with the nature of judicial and
\nother proceedings.
\n9. The provisions of this article shall not be so construed as to prejudice the
\nrights of bona fide third parties.
\n10. Nothing contained in this article shall affect the principle that the
\nmeasures to which it refers shall be defined and implemented in accordance with
\nand subject to the provisions of the domestic law of a State Party.<\/p>\n

Article 32<\/strong><\/em><\/span>
\nProtection of witnesses, experts and victims<\/strong><\/span>
\n1. Each State Party shall take appropriate measures in accordance with its
\ndomestic legal system and within its means to provide effective protection from
\npotential retaliation or intimidation for witnesses and experts who give testimony
\nconcerning offences established in accordance with this Convention and, as
\nappropriate, for their relatives and other persons close to them.
\n2. The measures envisaged in paragraph 1 of this article may include, inter
\nalia, without prejudice to the rights of the defendant, including the right to due
\nprocess:
\n(a) Establishing procedures for the physical protection of such persons, such
\nas, to the extent necessary and feasible, relocating them and permitting, where
\nappropriate, non-disclosure or limitations on the disclosure of information
\nconcerning the identity and whereabouts of such persons;
\n(b) Providing evidentiary rules to permit witnesses and experts to give
\ntestimony in a manner that ensures the safety of such persons, such as permitting
\ntestimony to be given through the use of communications technology such as video
\nor other adequate means.
\n3. States Parties shall consider entering into agreements or arrangements
\nwith other States for the relocation of persons referred to in paragraph 1 of this
\narticle.
\n4. The provisions of this article shall also apply to victims insofar as they
\nare witnesses.
\n5. Each State Party shall, subject to its domestic law, enable the views and
\nconcerns of victims to be presented and considered at appropriate stages of criminal
\nproceedings against offenders in a manner not prejudicial to the rights of the
\ndefense.<\/p>\n

Article 33<\/strong><\/em><\/span>
\nProtection of reporting persons<\/strong><\/span>
\nEach State Party shall consider incorporating into its domestic legal system
\nappropriate measures to provide protection against any unjustified treatment for any
\nperson who reports in good faith and on reasonable grounds to the competent
\nauthorities any facts concerning offences established in accordance with this
\nConvention.<\/p>\n

Article 34<\/strong><\/em><\/span>
\nConsequences of acts of corruption<\/strong><\/span>
\nWith due regard to the rights of third parties acquired in good faith, each State
\nParty shall take measures, in accordance with the fundamental principles of its
\ndomestic law, to address consequences of corruption. In this context, States Parties
\nmay consider corruption a relevant factor in legal proceedings to annul or rescind a
\ncontract, withdraw a concession or other similar instrument or take any other
\nremedial action.<\/p>\n

Article 35<\/strong><\/em><\/span>
\nCompensation for damage<\/strong><\/span>
\nEach State Party shall take such measures as may be necessary, in accordance
\nwith principles of its domestic law, to ensure that entities or persons who have
\nsuffered damage as a result of an act of corruption have the right to initiate legal
\nproceedings against those responsible for that damage in order to obtain
\ncompensation.<\/p>\n

Article 36<\/strong><\/em><\/span>
\nSpecialized authorities<\/strong><\/span>
\nEach State Party shall, in accordance with the fundamental principles of its
\nlegal system, ensure the existence of a body or bodies or persons specialized in
\ncombating corruption through law enforcement. Such body or bodies or persons
\nshall be granted the necessary independence, in accordance with the fundamental
\nprinciples of the legal system of the State Party, to be able to carry out their
\nfunctions effectively and without any undue influence. Such persons or staff of such
\nbody or bodies should have the appropriate training and resources to carry out their
\ntasks.<\/p>\n

Article 37<\/strong><\/em><\/span>
\nCooperation with law enforcement authorities<\/strong><\/span>
\n1. Each State Party shall take appropriate measures to encourage persons
\nwho participate or who have participated in the commission of an offence
\nestablished in accordance with this Convention to supply information useful to
\ncompetent authorities for investigative and evidentiary purposes and to provide
\nfactual, specific help to competent authorities that may contribute to depriving
\noffenders of the proceeds of crime and to recovering such proceeds.
\n2. Each State Party shall consider providing for the possibility, in
\nappropriate cases, of mitigating punishment of an accused person who provides
\nsubstantial cooperation in the investigation or prosecution of an offence established
\nin accordance with this Convention.
\n3. Each State Party shall consider providing for the possibility, in
\naccordance with fundamental principles of its domestic law, of granting immunity
\nfrom prosecution to a person who provides substantial cooperation in the
\ninvestigation or prosecution of an offence established in accordance with this
\nConvention.
\n4. Protection of such persons shall be, mutatis mutandis, as provided for in
\narticle 32 of this Convention.
\n5. Where a person referred to in paragraph 1 of this article located in one
\nState Party can provide substantial cooperation to the competent authorities of
\nanother State Party, the States Parties concerned may consider entering into
\nagreements or arrangements, in accordance with their domestic law, concerning the
\npotential provision by the other State Party of the treatment set forth in paragraphs 2
\nand 3 of this article.<\/p>\n

Article 38<\/strong><\/em><\/span>
\nCooperation between national authorities<\/strong><\/span>
\nEach State Party shall take such measures as may be necessary to encourage,
\nin accordance with its domestic law, cooperation between, on the one hand, its
\npublic authorities, as well as its public officials, and, on the other hand, its
\nauthorities responsible for investigating and prosecuting criminal offences. Such
\ncooperation may include:
\n(a) Informing the latter authorities, on their own initiative, where there are
\nreasonable grounds to believe that any of the offences established in accordance
\nwith articles 15, 21 and 23 of this Convention has been committed; or
\n(b) Providing, upon request, to the latter authorities all necessary
\ninformation.<\/p>\n

Article 39<\/strong><\/em><\/span>
\nCooperation between national authorities and the private sector<\/strong><\/span>
\n1. Each State Party shall take such measures as may be necessary to
\nencourage, in accordance with its domestic law, cooperation between national
\ninvestigating and prosecuting authorities and entities of the private sector, in
\nparticular financial institutions, relating to matters involving the commission of
\noffences established in accordance with this Convention.
\n2. Each State Party shall consider encouraging its nationals and other
\npersons with a habitual residence in its territory to report to the national
\ninvestigating and prosecuting authorities the commission of an offence established
\nin accordance with this Convention.<\/p>\n

Article 40<\/strong><\/em><\/span>
\nBank secrecy<\/strong><\/span>
\nEach State Party shall ensure that, in the case of domestic criminal
\ninvestigations of offences established in accordance with this Convention, there are
\nappropriate mechanisms available within its domestic legal system to overcome
\nobstacles that may arise out of the application of bank secrecy laws.<\/p>\n

Article 41<\/strong><\/em><\/span>
\nCriminal record<\/strong><\/span>
\nEach State Party may adopt such legislative or other measures as may be
\nnecessary to take into consideration, under such terms as and for the purpose that it
\ndeems appropriate, any previous conviction in another State of an alleged offender
\nfor the purpose of using such information in criminal proceedings relating to an
\noffence established in accordance with this Convention.<\/p>\n

Article 42<\/strong><\/em><\/span>
\nJurisdiction<\/strong><\/span>
\n1. Each State Party shall adopt such measures as may be necessary to
\nestablish its jurisdiction over the offences established in accordance with this
\nConvention when:
\n(a) The offence is committed in the territory of that State Party; or
\n(b) The offence is committed on board a vessel that is flying the flag of that
\nState Party or an aircraft that is registered under the laws of that State Party at the
\ntime that the offence is committed.
\n2. Subject to article 4 of this Convention, a State Party may also establish
\nits jurisdiction over any such offence when:
\n(a) The offence is committed against a national of that State Party; or
\n(b) The offence is committed by a national of that State Party or a stateless
\nperson who has his or her habitual residence in its territory; or
\n(c) The offence is one of those established in accordance with article 23,
\nparagraph 1 (b) (ii), of this Convention and is committed outside its territory with a
\nview to the commission of an offence established in accordance with article 23,
\nparagraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory; or
\n(d) The offence is committed against the State Party.
\n3. For the purposes of article 44 of this Convention, each State Party shall
\ntake such measures as may be necessary to establish its jurisdiction over the
\noffences established in accordance with this Convention when the alleged offender
\nis present in its territory and it does not extradite such person solely on the ground
\nthat he or she is one of its nationals.
\n4. Each State Party may also take such measures as may be necessary to
\nestablish its jurisdiction over the offences established in accordance with this
\nConvention when the alleged offender is present in its territory and it does not
\nextradite him or her.
\n5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this
\narticle has been notified, or has otherwise learned, that any other States Parties are
\nconducting an investigation, prosecution or judicial proceeding in respect of the
\nsame conduct, the competent authorities of those States Parties shall, as appropriate,
\nconsult one another with a view to coordinating their actions.
\n6. Without prejudice to norms of general international law, this Convention
\nshall not exclude the exercise of any criminal jurisdiction established by a State
\nParty in accordance with its domestic law.<\/p>\n

Chapter IV<\/strong>
\n International cooperation<\/strong><\/h4>\n

Article 43<\/strong><\/em><\/span>
\nInternational cooperation<\/strong><\/span>
\n1. States Parties shall cooperate in criminal matters in accordance with
\narticles 44 to 50 of this Convention. Where appropriate and consistent with their
\ndomestic legal system, States Parties shall consider assisting each other in
\ninvestigations of and proceedings in civil and administrative matters relating to
\ncorruption.
\n2. In matters of international cooperation, whenever dual criminality is
\nconsidered a requirement, it shall be deemed fulfilled irrespective of whether the
\nlaws of the requested State Party place the offence within the same category of
\noffence or denominate the offence by the same terminology as the requesting State
\nParty, if the conduct underlying the offence for which assistance is sought is a
\ncriminal offence under the laws of both States Parties.<\/p>\n

Article 44<\/strong><\/em><\/span>
\nExtradition<\/strong><\/span>
\n1. This article shall apply to the offences established in accordance with
\nthis Convention where the person who is the subject of the request for extradition is
\npresent in the territory of the requested State Party, provided that the offence for
\nwhich extradition is sought is punishable under the domestic law of both the
\nrequesting State Party and the requested State Party.
\n2. Notwithstanding the provisions of paragraph 1 of this article, a State
\nParty whose law so permits may grant the extradition of a person for any of the
\noffences covered by this Convention that are not punishable under its own domestic
\nlaw.
\n3. If the request for extradition includes several separate offences, at least
\none of which is extraditable under this article and some of which are not
\nextraditable by reason of their period of imprisonment but are related to offences
\nestablished in accordance with this Convention, the requested State Party may apply
\nthis article also in respect of those offences.
\n4. Each of the offences to which this article applies shall be deemed to be
\nincluded as an extraditable offence in any extradition treaty existing between States
\nParties. States Parties undertake to include such offences as extraditable offences in
\nevery extradition treaty to be concluded between them. A State Party whose law so
\npermits, in case it uses this Convention as the basis for extradition, shall not
\nconsider any of the offences established in accordance with this Convention to be a
\npolitical offence.
\n5. If a State Party that makes extradition conditional on the existence of a
\ntreaty receives a request for extradition from another State Party with which it has
\nno extradition treaty, it may consider this Convention the legal basis for extradition
\nin respect of any offence to which this article applies.
\n6. A State Party that makes extradition conditional on the existence of a
\ntreaty shall:
\n(a) At the time of deposit of its instrument of ratification, acceptance or
\napproval of or accession to this Convention, inform the Secretary-General of the
\nUnited Nations whether it will take this Convention as the legal basis for
\ncooperation on extradition with other States Parties to this Convention; and
\n(b) If it does not take this Convention as the legal basis for cooperation on
\nextradition, seek, where appropriate, to conclude treaties on extradition with other
\nStates Parties to this Convention in order to implement this article.
\n7. States Parties that do not make extradition conditional on the existence of
\na treaty shall recognize offences to which this article applies as extraditable offences
\nbetween themselves.
\n8. Extradition shall be subject to the conditions provided for by the
\ndomestic law of the requested State Party or by applicable extradition treaties,
\nincluding, inter alia, conditions in relation to the minimum penalty requirement for
\nextradition and the grounds upon which the requested State Party may refuse
\nextradition.
\n9. States Parties shall, subject to their domestic law, endeavor to expedite
\nextradition procedures and to simplify evidentiary requirements relating thereto in
\nrespect of any offence to which this article applies.
\n10. Subject to the provisions of its domestic law and its extradition treaties,
\nthe requested State Party may, upon being satisfied that the circumstances so
\nwarrant and are urgent and at the request of the requesting State Party, take a person
\nwhose extradition is sought and who is present in its territory into custody or take
\nother appropriate measures to ensure his or her presence at extradition proceedings.
\n11. A State Party in whose territory an alleged offender is found, if it does
\nnot extradite such person in respect of an offence to which this article applies solely
\non the ground that he or she is one of its nationals, shall, at the request of the State
\nParty seeking extradition, be obliged to submit the case without undue delay to its
\ncompetent authorities for the purpose of prosecution. Those authorities shall take
\ntheir decision and conduct their proceedings in the same manner as in the case of
\nany other offence of a grave nature under the domestic law of that State Party. The
\nStates Parties concerned shall cooperate with each other, in particular on procedural
\nand evidentiary aspects, to ensure the efficiency of such prosecution.
\n12. Whenever a State Party is permitted under its domestic law to extradite
\nor otherwise surrender one of its nationals only upon the condition that the person
\nwill be returned to that State Party to serve the sentence imposed as a result of the
\ntrial or proceedings for which the extradition or surrender of the person was sought
\nand that State Party and the State Party seeking the extradition of the person agree
\nwith this option and other terms that they may deem appropriate, such conditional
\nextradition or surrender shall be sufficient to discharge the obligation set forth in
\nparagraph 11 of this article.
\n13. If extradition, sought for purposes of enforcing a sentence, is refused
\nbecause the person sought is a national of the requested State Party, the requested
\nState Party shall, if its domestic law so permits and in conformity with the
\nrequirements of such law, upon application of the requesting State Party, consider
\nthe enforcement of the sentence imposed under the domestic law of the requesting
\nState Party or the remainder thereof.
\n14. Any person regarding whom proceedings are being carried out in
\nconnection with any of the offences to which this article applies shall be guaranteed
\nfair treatment at all stages of the proceedings, including enjoyment of all the rights
\nand guarantees provided by the domestic law of the State Party in the territory of
\nwhich that person is present.
\n15. Nothing in this Convention shall be interpreted as imposing an obligation
\nto extradite if the requested State Party has substantial grounds for believing that the
\nrequest has been made for the purpose of prosecuting or punishing a person on
\naccount of that person\u2019s sex, race, religion, nationality, ethnic origin or political
\nopinions or that compliance with the request would cause prejudice to that person\u2019s
\nposition for any one of these reasons.
\n16. States Parties may not refuse a request for extradition on the sole ground
\nthat the offence is also considered to involve fiscal matters.
\n17. Before refusing extradition, the requested State Party shall, where
\nappropriate, consult with the requesting State Party to provide it with ample
\nopportunity to present its opinions and to provide information relevant to its
\nallegation.
\n18. States Parties shall seek to conclude bilateral and multilateral agreements
\nor arrangements to carry out or to enhance the effectiveness of extradition.<\/p>\n

Article 45<\/strong><\/em><\/span>
\nTransfer of sentenced persons<\/strong><\/span>
\nStates Parties may consider entering into bilateral or multilateral agreements
\nor arrangements on the transfer to their territory of persons sentenced to
\nimprisonment or other forms of deprivation of liberty for offences established in
\naccordance with this Convention in order that they may complete their sentences
\nthere.<\/p>\n

Article 46<\/strong><\/em><\/span>
\nMutual legal assistance<\/strong><\/span>
\n1. States Parties shall afford one another the widest measure of mutual legal
\nassistance in investigations, prosecutions and judicial proceedings in relation to the
\noffences covered by this Convention.
\n2. Mutual legal assistance shall be afforded to the fullest extent possible
\nunder relevant laws, treaties, agreements and arrangements of the requested State
\nParty with respect to investigations, prosecutions and judicial proceedings in
\nrelation to the offences for which a legal person may be held liable in accordance
\nwith article 26 of this Convention in the requesting State Party.
\n3. Mutual legal assistance to be afforded in accordance with this article may
\nbe requested for any of the following purposes:
\n(a) Taking evidence or statements from persons;
\n(b) Effecting service of judicial documents;
\n(c) Executing searches and seizures, and freezing;
\n(d) Examining objects and sites;
\n(e) Providing information, evidentiary items and expert evaluations;
\n(f) Providing originals or certified copies of relevant documents and records,
\nincluding government, bank, financial, corporate or business records;
\n(g) Identifying or tracing proceeds of crime, property, instrumentalities or
\nother things for evidentiary purposes;
\n(h) Facilitating the voluntary appearance of persons in the requesting State
\nParty;
\n(i) Any other type of assistance that is not contrary to the domestic law of
\nthe requested State Party;
\n(j) Identifying, freezing and tracing proceeds of crime in accordance with
\nthe provisions of chapter V of this Convention;
\n(k) The recovery of assets, in accordance with the provisions of chapter V of
\nthis Convention.
\n4. Without prejudice to domestic law, the competent authorities of a State
\nParty may, without prior request, transmit information relating to criminal matters to
\na competent authority in another State Party where they believe that such
\ninformation could assist the authority in undertaking or successfully concluding
\ninquiries and criminal proceedings or could result in a request formulated by the
\nlatter State Party pursuant to this Convention.
\n5. The transmission of information pursuant to paragraph 4 of this article
\nshall be without prejudice to inquiries and criminal proceedings in the State of the
\ncompetent authorities providing the information. The competent authorities
\nreceiving the information shall comply with a request that said information remain
\nconfidential, even temporarily, or with restrictions on its use. However, this shall
\nnot prevent the receiving State Party from disclosing in its proceedings information
\nthat is exculpatory to an accused person. In such a case, the receiving State Party
\nshall notify the transmitting State Party prior to the disclosure and, if so requested,
\nconsult with the transmitting State Party. If, in an exceptional case, advance notice
\nis not possible, the receiving State Party shall inform the transmitting State Party of
\nthe disclosure without delay.
\n6. The provisions of this article shall not affect the obligations under any
\nother treaty, bilateral or multilateral, that governs or will govern, in whole or in part,
\nmutual legal assistance.
\n7. Paragraphs 9 to 29 of this article shall apply to requests made pursuant to
\nthis article if the States Parties in question are not bound by a treaty of mutual legal
\nassistance. If those States Parties are bound by such a treaty, the corresponding
\nprovisions of that treaty shall apply unless the States Parties agree to apply
\nparagraphs 9 to 29 of this article in lieu thereof. States Parties are strongly
\nencouraged to apply those paragraphs if they facilitate cooperation.
\n8. States Parties shall not decline to render mutual legal assistance pursuant
\nto this article on the ground of bank secrecy.
\n9. (a) A requested State Party, in responding to a request for assistance
\npursuant to this article in the absence of dual criminality, shall take into account the
\npurposes of this Convention, as set forth in article 1;
\n(b) States Parties may decline to render assistance pursuant to this article on
\nthe ground of absence of dual criminality. However, a requested State Party shall,
\nwhere consistent with the basic concepts of its legal system, render assistance that
\ndoes not involve coercive action. Such assistance may be refused when requests
\ninvolve matters of a de minimis nature or matters for which the cooperation or
\nassistance sought is available under other provisions of this Convention;
\n(c) Each State Party may consider adopting such measures as may be
\nnecessary to enable it to provide a wider scope of assistance pursuant to this article
\nin the absence of dual criminality.
\n10. A person who is being detained or is serving a sentence in the territory of
\none State Party whose presence in another State Party is requested for purposes of
\nidentification, testimony or otherwise providing assistance in obtaining evidence for
\ninvestigations, prosecutions or judicial proceedings in relation to offences covered
\nby this Convention may be transferred if the following conditions are met:
\n(a) The person freely gives his or her informed consent;
\n(b) The competent authorities of both States Parties agree, subject to such
\nconditions as those States Parties may deem appropriate.
\n11. For the purposes of paragraph 10 of this article:
\n(a) The State Party to which the person is transferred shall have the authority
\nand obligation to keep the person transferred in custody, unless otherwise requested
\nor authorized by the State Party from which the person was transferred;
\n(b) The State Party to which the person is transferred shall without delay
\nimplement its obligation to return the person to the custody of the State Party from
\nwhich the person was transferred as agreed beforehand, or as otherwise agreed, by
\nthe competent authorities of both States Parties;
\n(c) The State Party to which the person is transferred shall not require the
\nState Party from which the person was transferred to initiate extradition proceedings
\nfor the return of the person;
\n(d) The person transferred shall receive credit for service of the sentence
\nbeing served in the State from which he or she was transferred for time spent in the
\ncustody of the State Party to which he or she was transferred.
\n12. Unless the State Party from which a person is to be transferred in
\naccordance with paragraphs 10 and 11 of this article so agrees, that person,
\nwhatever his or her nationality, shall not be prosecuted, detained, punished or
\nsubjected to any other restriction of his or her personal liberty in the territory of the
\nState to which that person is transferred in respect of acts, omissions or convictions
\nprior to his or her departure from the territory of the State from which he or she was
\ntransferred.
\n13. Each State Party shall designate a central authority that shall have the
\nresponsibility and power to receive requests for mutual legal assistance and either to
\nexecute them or to transmit them to the competent authorities for execution. Where
\na State Party has a special region or territory with a separate system of mutual legal
\nassistance, it may designate a distinct central authority that shall have the same
\nfunction for that region or territory. Central authorities shall ensure the speedy and
\nproper execution or transmission of the requests received. Where the central
\nauthority transmits the request to a competent authority for execution, it shall
\nencourage the speedy and proper execution of the request by the competent
\nauthority. The Secretary-General of the United Nations shall be notified of the
\ncentral authority designated for this purpose at the time each State Party deposits its
\ninstrument of ratification, acceptance or approval of or accession to this
\nConvention. Requests for mutual legal assistance and any communication related
\nthereto shall be transmitted to the central authorities designated by the States
\nParties. This requirement shall be without prejudice to the right of a State Party to
\nrequire that such requests and communications be addressed to it through diplomatic
\nchannels and, in urgent circumstances, where the States Parties agree, through the
\nInternational Criminal Police Organization, if possible.
\n14. Requests shall be made in writing or, where possible, by any means
\ncapable of producing a written record, in a language acceptable to the requested
\nState Party, under conditions allowing that State Party to establish authenticity. The
\nSecretary-General of the United Nations shall be notified of the language or
\nlanguages acceptable to each State Party at the time it deposits its instrument of
\nratification, acceptance or approval of or accession to this Convention. In urgent
\ncircumstances and where agreed by the States Parties, requests may be made orally
\nbut shall be confirmed in writing forthwith.
\n15. A request for mutual legal assistance shall contain:
\n(a) The identity of the authority making the request;
\n(b) The subject matter and nature of the investigation, prosecution or judicial
\nproceeding to which the request relates and the name and functions of the authority
\nconducting the investigation, prosecution or judicial proceeding;
\n(c) A summary of the relevant facts, except in relation to requests for the
\npurpose of service of judicial documents;
\n(d) A description of the assistance sought and details of any particular
\nprocedure that the requesting State Party wishes to be followed;
\n(e) Where possible, the identity, location and nationality of any person
\nconcerned; and
\n(f) The purpose for which the evidence, information or action is sought.
\n16. The requested State Party may request additional information when it
\nappears necessary for the execution of the request in accordance with its domestic
\nlaw or when it can facilitate such execution.
\n17. A request shall be executed in accordance with the domestic law of the
\nrequested State Party and, to the extent not contrary to the domestic law of the
\nrequested State Party and where possible, in accordance with the procedures
\nspecified in the request.
\n18. Wherever possible and consistent with fundamental principles of
\ndomestic law, when an individual is in the territory of a State Party and has to be
\nheard as a witness or expert by the judicial authorities of another State Party, the
\nfirst State Party may, at the request of the other, permit the hearing to take place by
\nvideo conference if it is not possible or desirable for the individual in question to
\nappear in person in the territory of the requesting State Party. States Parties may
\nagree that the hearing shall be conducted by a judicial authority of the requesting
\nState Party and attended by a judicial authority of the requested State Party.
\n19. The requesting State Party shall not transmit or use information or
\nevidence furnished by the requested State Party for investigations, prosecutions or
\njudicial proceedings other than those stated in the request without the prior consent
\nof the requested State Party. Nothing in this paragraph shall prevent the requesting
\nState Party from disclosing in its proceedings information or evidence that is
\nexculpatory to an accused person. In the latter case, the requesting State Party shall
\nnotify the requested State Party prior to the disclosure and, if so requested, consult
\nwith the requested State Party. If, in an exceptional case, advance notice is not
\npossible, the requesting State Party shall inform the requested State Party of the
\ndisclosure without delay.
\n20. The requesting State Party may require that the requested State Party
\nkeep confidential the fact and substance of the request, except to the extent
\nnecessary to execute the request. If the requested State Party cannot comply with the
\nrequirement of confidentiality, it shall promptly inform the requesting State Party.
\n21. Mutual legal assistance may be refused:
\n(a) If the request is not made in conformity with the provisions of this
\narticle;
\n(b) If the requested State Party considers that execution of the request is
\nlikely to prejudice its sovereignty, security, ordre public or other essential interests;
\n(c) If the authorities of the requested State Party would be prohibited by its
\ndomestic law from carrying out the action requested with regard to any similar
\noffence, had it been subject to investigation, prosecution or judicial proceedings
\nunder their own jurisdiction;
\n(d) If it would be contrary to the legal system of the requested State Party
\nrelating to mutual legal assistance for the request to be granted.
\n22. States Parties may not refuse a request for mutual legal assistance on the
\nsole ground that the offence is also considered to involve fiscal matters.
\n23. Reasons shall be given for any refusal of mutual legal assistance.
\n24. The requested State Party shall execute the request for mutual legal
\nassistance as soon as possible and shall take as full account as possible of any
\ndeadlines suggested by the requesting State Party and for which reasons are given,
\npreferably in the request. The requesting State Party may make reasonable requests
\nfor information on the status and progress of measures taken by the requested State
\nParty to satisfy its request. The requested State Party shall respond to reasonable
\nrequests by the requesting State Party on the status, and progress in its handling, of
\nthe request. The requesting State Party shall promptly inform the requested State
\nParty when the assistance sought is no longer required.
\n25. Mutual legal assistance may be postponed by the requested State Party
\non the ground that it interferes with an ongoing investigation, prosecution or judicial
\nproceeding.
\n26. Before refusing a request pursuant to paragraph 21 of this article or
\npostponing its execution pursuant to paragraph 25 of this article, the requested State
\nParty shall consult with the requesting State Party to consider whether assistance
\nmay be granted subject to such terms and conditions as it deems necessary. If the
\nrequesting State Party accepts assistance subject to those conditions, it shall comply
\nwith the conditions.
\n27. Without prejudice to the application of paragraph 12 of this article, a
\nwitness, expert or other person who, at the request of the requesting State Party,
\nconsents to give evidence in a proceeding or to assist in an investigation,
\nprosecution or judicial proceeding in the territory of the requesting State Party shall
\nnot be prosecuted, detained, punished or subjected to any other restriction of his or
\nher personal liberty in that territory in respect of acts, omissions or convictions prior
\nto his or her departure from the territory of the requested State Party. Such safe
\nconduct shall cease when the witness, expert or other person having had, for a
\nperiod of fifteen consecutive days or for any period agreed upon by the States
\nParties from the date on which he or she has been officially informed that his or her
\npresence is no longer required by the judicial authorities, an opportunity of leaving,
\nhas nevertheless remained voluntarily in the territory of the requesting State Party
\nor, having left it, has returned of his or her own free will.
\n28. The ordinary costs of executing a request shall be borne by the requested
\nState Party, unless otherwise agreed by the States Parties concerned. If expenses of a
\nsubstantial or extraordinary nature are or will be required to fulfil the request, the
\nStates Parties shall consult to determine the terms and conditions under which the
\nrequest will be executed, as well as the manner in which the costs shall be borne.
\n29. The requested State Party:
\n(a) Shall provide to the requesting State Party copies of government records,
\ndocuments or information in its possession that under its domestic law are available
\nto the general public;
\n(b) May, at its discretion, provide to the requesting State Party in whole, in
\npart or subject to such conditions as it deems appropriate, copies of any government
\nrecords, documents or information in its possession that under its domestic law are
\nnot available to the general public.
\n30. States Parties shall consider, as may be necessary, the possibility of
\nconcluding bilateral or multilateral agreements or arrangements that would serve the
\npurposes of, give practical effect to or enhance the provisions of this article.<\/p>\n

Article 47<\/strong><\/em><\/span>
\nTransfer of criminal proceedings<\/strong><\/span>
\nStates Parties shall consider the possibility of transferring to one another
\nproceedings for the prosecution of an offence established in accordance with this
\nConvention in cases where such transfer is considered to be in the interests of the
\nproper administration of justice, in particular in cases where several jurisdictions are
\ninvolved, with a view to concentrating the prosecution.<\/p>\n

Article 48<\/strong><\/em><\/span>
\nLaw enforcement cooperation<\/strong><\/span>
\n1. States Parties shall cooperate closely with one another, consistent with
\ntheir respective domestic legal and administrative systems, to enhance the
\neffectiveness of law enforcement action to combat the offences covered by this
\nConvention. States Parties shall, in particular, take effective measures:
\n(a) To enhance and, where necessary, to establish channels of
\ncommunication between their competent authorities, agencies and services in order
\nto facilitate the secure and rapid exchange of information concerning all aspects of
\nthe offences covered by this Convention, including, if the States Parties concerned
\ndeem it appropriate, links with other criminal activities;
\n(b) To cooperate with other States Parties in conducting inquiries with
\nrespect to offences covered by this Convention concerning:
\n(i) The identity, whereabouts and activities of persons suspected of
\ninvolvement in such offences or the location of other persons concerned;
\n(ii) The movement of proceeds of crime or property derived from the
\ncommission of such offences;
\n(iii) The movement of property, equipment or other instrumentalities used or
\nintended for use in the commission of such offences;
\n(c) To provide, where appropriate, necessary items or quantities of
\nsubstances for analytical or investigative purposes;
\n(d) To exchange, where appropriate, information with other States Parties
\nconcerning specific means and methods used to commit offences covered by this
\nConvention, including the use of false identities, forged, altered or false documents
\nand other means of concealing activities;
\n(e) To facilitate effective coordination between their competent authorities,
\nagencies and services and to promote the exchange of personnel and other experts,
\nincluding, subject to bilateral agreements or arrangements between the States Parties
\nconcerned, the posting of liaison officers;
\n(f) To exchange information and coordinate administrative and other
\nmeasures taken as appropriate for the purpose of early identification of the offences
\ncovered by this Convention.
\n2. With a view to giving effect to this Convention, States Parties shall
\nconsider entering into bilateral or multilateral agreements or arrangements on direct
\ncooperation between their law enforcement agencies and, where such agreements or
\narrangements already exist, amending them. In the absence of such agreements or
\narrangements between the States Parties concerned, the States Parties may consider
\nthis Convention to be the basis for mutual law enforcement cooperation in respect of
\nthe offences covered by this Convention. Whenever appropriate, States Parties shall
\nmake full use of agreements or arrangements, including international or regional
\norganizations, to enhance the cooperation between their law enforcement agencies.
\n3. States Parties shall endeavor to cooperate within their means to respond
\nto offences covered by this Convention committed through the use of modern
\ntechnology.<\/p>\n

Article 49<\/strong><\/em><\/span>
\nJoint investigations<\/strong><\/span>
\nStates Parties shall consider concluding bilateral or multilateral agreements or
\narrangements whereby, in relation to matters that are the subject of investigations,
\nprosecutions or judicial proceedings in one or more States, the competent authorities
\nconcerned may establish joint investigative bodies. In the absence of such
\nagreements or arrangements, joint investigations may be undertaken by agreement
\non a case-by-case basis. The States Parties involved shall ensure that the sovereignty
\nof the State Party in whose territory such investigation is to take place is fully
\nrespected.<\/p>\n

Article 50<\/strong><\/em><\/span>
\nSpecial investigative techniques<\/strong><\/span>
\n1. In order to combat corruption effectively, each State Party shall, to the
\nextent permitted by the basic principles of its domestic legal system and in
\naccordance with the conditions prescribed by its domestic law, take such measures
\nas may be necessary, within its means, to allow for the appropriate use by its
\ncompetent authorities of controlled delivery and, where it deems appropriate, other
\nspecial investigative techniques, such as electronic or other forms of surveillance
\nand undercover operations, within its territory, and to allow for the admissibility in
\ncourt of evidence derived therefrom.
\n2. For the purpose of investigating the offences covered by this Convention,
\nStates Parties are encouraged to conclude, when necessary, appropriate bilateral or
\nmultilateral agreements or arrangements for using such special investigative
\ntechniques in the context of cooperation at the international level. Such agreements
\nor arrangements shall be concluded and implemented in full compliance with the
\nprinciple of sovereign equality of States and shall be carried out strictly in
\naccordance with the terms of those agreements or arrangements.
\n3. In the absence of an agreement or arrangement as set forth in paragraph 2
\nof this article, decisions to use such special investigative techniques at the
\ninternational level shall be made on a case-by-case basis and may, when necessary,
\ntake into consideration financial arrangements and understandings with respect to
\nthe exercise of jurisdiction by the States Parties concerned.
\n4. Decisions to use controlled delivery at the international level may, with
\nthe consent of the States Parties concerned, include methods such as intercepting
\nand allowing the goods or funds to continue intact or be removed or replaced in
\nwhole or in part.<\/p>\n

Chapter V<\/strong>
\n Asset recovery<\/strong><\/h4>\n

Article 51<\/strong><\/em><\/span>
\nGeneral provision<\/strong><\/span>
\nThe return of assets pursuant to this chapter is a fundamental principle of this
\nConvention, and States Parties shall afford one another the widest measure of
\ncooperation and assistance in this regard.<\/p>\n

Article 52<\/strong><\/em><\/span>
\nPrevention and detection of transfers of proceeds of crime<\/strong><\/span>
\n1. Without prejudice to article 14 of this Convention, each State Party shall
\ntake such measures as may be necessary, in accordance with its domestic law, to
\nrequire financial institutions within its jurisdiction to verify the identity of
\ncustomers, to take reasonable steps to determine the identity of beneficial owners of
\nfunds deposited into high-value accounts and to conduct enhanced scrutiny of
\naccounts sought or maintained by or on behalf of individuals who are, or have been,
\nentrusted with prominent public functions and their family members and close
\nassociates. Such enhanced scrutiny shall be reasonably designed to detect suspicious
\ntransactions for the purpose of reporting to competent authorities and should not be
\nso construed as to discourage or prohibit financial institutions from doing business
\nwith any legitimate customer.
\n2. In order to facilitate implementation of the measures provided for in
\nparagraph 1 of this article, each State Party, in accordance with its domestic law and
\ninspired by relevant initiatives of regional, interregional and multilateral
\norganizations against money-laundering, shall:
\n(a) Issue advisories regarding the types of natural or legal person to whose
\naccounts financial institutions within its jurisdiction will be expected to apply
\nenhanced scrutiny, the types of accounts and transactions to which to pay particular
\nattention and appropriate account-opening, maintenance and record-keeping
\nmeasures to take concerning such accounts; and
\n(b) Where appropriate, notify financial institutions within its jurisdiction, at
\nthe request of another State Party or on its own initiative, of the identity of
\nparticular natural or legal persons to whose accounts such institutions will be
\nexpected to apply enhanced scrutiny, in addition to those whom the financial
\ninstitutions may otherwise identify.
\n3. In the context of paragraph 2 (a) of this article, each State Party shall
\nimplement measures to ensure that its financial institutions maintain adequate
\nrecords, over an appropriate period of time, of accounts and transactions involving
\nthe persons mentioned in paragraph 1 of this article, which should, as a minimum,
\ncontain information relating to the identity of the customer as well as, as far as
\npossible, of the beneficial owner.
\n4. With the aim of preventing and detecting transfers of proceeds of
\noffences established in accordance with this Convention, each State Party shall
\nimplement appropriate and effective measures to prevent, with the help of its
\nregulatory and oversight bodies, the establishment of banks that have no physical
\npresence and that are not affiliated with a regulated financial group. Moreover,
\nStates Parties may consider requiring their financial institutions to refuse to enter
\ninto or continue a correspondent banking relationship with such institutions and to
\nguard against establishing relations with foreign financial institutions that permit
\ntheir accounts to be used by banks that have no physical presence and that are not
\naffiliated with a regulated financial group.
\n5. Each State Party shall consider establishing, in accordance with its
\ndomestic law, effective financial disclosure systems for appropriate public officials
\nand shall provide for appropriate sanctions for non-compliance. Each State Party
\nshall also consider taking such measures as may be necessary to permit its
\ncompetent authorities to share that information with the competent authorities in
\nother States Parties when necessary to investigate, claim and recover proceeds of
\noffences established in accordance with this Convention.
\n6. Each State Party shall consider taking such measures as may be
\nnecessary, in accordance with its domestic law, to require appropriate public
\nofficials having an interest in or signature or other authority over a financial account
\nin a foreign country to report that relationship to appropriate authorities and to
\nmaintain appropriate records related to such accounts. Such measures shall also
\nprovide for appropriate sanctions for non-compliance.<\/p>\n

Article 53<\/strong><\/em><\/span>
\nMeasures for direct recovery of property<\/strong><\/span>
\nEach State Party shall, in accordance with its domestic law:
\n(a) Take such measures as may be necessary to permit another State Party to
\ninitiate civil action in its courts to establish title to or ownership of property
\nacquired through the commission of an offence established in accordance with this
\nConvention;
\n(b) Take such measures as may be necessary to permit its courts to order
\nthose who have committed offences established in accordance with this Convention
\nto pay compensation or damages to another State Party that has been harmed by
\nsuch offences; and
\n(c) Take such measures as may be necessary to permit its courts or
\ncompetent authorities, when having to decide on confiscation, to recognize another
\nState Party\u2019s claim as a legitimate owner of property acquired through the
\ncommission of an offence established in accordance with this Convention.<\/p>\n

Article 54<\/strong><\/em><\/span>
\nMechanisms for recovery of property through international\u00a0<\/strong>cooperation in confiscation<\/strong><\/span>
\n1. Each State Party, in order to provide mutual legal assistance pursuant to
\narticle 55 of this Convention with respect to property acquired through or involved
\nin the commission of an offence established in accordance with this Convention,
\nshall, in accordance with its domestic law:
\n(a) Take such measures as may be necessary to permit its competent
\nauthorities to give effect to an order of confiscation issued by a court of another
\nState Party;
\n(b) Take such measures as may be necessary to permit its competent
\nauthorities, where they have jurisdiction, to order the confiscation of such property
\nof foreign origin by adjudication of an offence of money-laundering or such other
\noffence as may be within its jurisdiction or by other procedures authorized under its
\ndomestic law; and
\n(c) Consider taking such measures as may be necessary to allow confiscation
\nof such property without a criminal conviction in cases in which the offender cannot
\nbe prosecuted by reason of death, flight or absence or in other appropriate cases.
\n2. Each State Party, in order to provide mutual legal assistance upon a
\nrequest made pursuant to paragraph 2 of article 55 of this Convention, shall, in
\naccordance with its domestic law:
\n(a) Take such measures as may be necessary to permit its competent
\nauthorities to freeze or seize property upon a freezing or seizure order issued by a
\ncourt or competent authority of a requesting State Party that provides a reasonable
\nbasis for the requested State Party to believe that there are sufficient grounds for
\ntaking such actions and that the property would eventually be subject to an order of
\nconfiscation for purposes of paragraph 1 (a) of this article;
\n(b) Take such measures as may be necessary to permit its competent
\nauthorities to freeze or seize property upon a request that provides a reasonable
\nbasis for the requested State Party to believe that there are sufficient grounds for
\ntaking such actions and that the property would eventually be subject to an order of
\nconfiscation for purposes of paragraph 1 (a) of this article; and
\n(c) Consider taking additional measures to permit its competent authorities
\nto preserve property for confiscation, such as on the basis of a foreign arrest or
\ncriminal charge related to the acquisition of such property.<\/p>\n

Article 55<\/strong><\/em><\/span>
\nInternational cooperation for purposes of confiscation<\/strong><\/span>
\n1. A State Party that has received a request from another State Party having
\njurisdiction over an offence established in accordance with this Convention for
\nconfiscation of proceeds of crime, property, equipment or other instrumentalities
\nreferred to in article 31, paragraph 1, of this Convention situated in its territory
\nshall, to the greatest extent possible within its domestic legal system:
\n(a) Submit the request to its competent authorities for the purpose of
\nobtaining an order of confiscation and, if such an order is granted, give effect to it;
\nor
\n(b) Submit to its competent authorities, with a view to giving effect to it to
\nthe extent requested, an order of confiscation issued by a court in the territory of the
\nrequesting State Party in accordance with articles 31, paragraph 1, and 54,
\nparagraph 1 (a), of this Convention insofar as it relates to proceeds of crime,
\nproperty, equipment or other instrumentalities referred to in article 31, paragraph 1,
\nsituated in the territory of the requested State Party.
\n2. Following a request made by another State Party having jurisdiction over
\nan offence established in accordance with this Convention, the requested State Party
\nshall take measures to identify, trace and freeze or seize proceeds of crime, property,
\nequipment or other instrumentalities referred to in article 31, paragraph 1, of this
\nConvention for the purpose of eventual confiscation to be ordered either by the
\nrequesting State Party or, pursuant to a request under paragraph 1 of this article, by
\nthe requested State Party.
\n3. The provisions of article 46 of this Convention are applicable, mutatis
\nmutandis, to this article. In addition to the information specified in article 46,
\nparagraph 15, requests made pursuant to this article shall contain:
\n(a) In the case of a request pertaining to paragraph 1 (a) of this article, a
\ndescription of the property to be confiscated, including, to the extent possible, the
\nlocation and, where relevant, the estimated value of the property and a statement of
\nthe facts relied upon by the requesting State Party sufficient to enable the requested
\nState Party to seek the order under its domestic law;
\n(b) In the case of a request pertaining to paragraph 1 (b) of this article, a
\nlegally admissible copy of an order of confiscation upon which the request is based
\nissued by the requesting State Party, a statement of the facts and information as to
\nthe extent to which execution of the order is requested, a statement specifying the
\nmeasures taken by the requesting State Party to provide adequate notification to
\nbona fide third parties and to ensure due process and a statement that the
\nconfiscation order is final;
\n(c) In the case of a request pertaining to paragraph 2 of this article, a
\nstatement of the facts relied upon by the requesting State Party and a description of
\nthe actions requested and, where available, a legally admissible copy of an order on
\nwhich the request is based.
\n4. The decisions or actions provided for in paragraphs 1 and 2 of this article
\nshall be taken by the requested State Party in accordance with and subject to the
\nprovisions of its domestic law and its procedural rules or any bilateral or
\nmultilateral agreement or arrangement to which it may be bound in relation to the
\nrequesting State Party.
\n5. Each State Party shall furnish copies of its laws and regulations that give
\neffect to this article and of any subsequent changes to such laws and regulations or a
\ndescription thereof to the Secretary-General of the United Nations.
\n6. If a State Party elects to make the taking of the measures referred to in
\nparagraphs 1 and 2 of this article conditional on the existence of a relevant treaty,
\nthat State Party shall consider this Convention the necessary and sufficient treaty
\nbasis.
\n7. Cooperation under this article may also be refused or provisional
\nmeasures lifted if the requested State Party does not receive sufficient and timely
\nevidence or if the property is of a de minimis value.
\n8. Before lifting any provisional measure taken pursuant to this article, the
\nrequested State Party shall, wherever possible, give the requesting State Party an
\nopportunity to present its reasons in favour of continuing the measure.
\n9. The provisions of this article shall not be construed as prejudicing the
\nrights of bona fide third parties.<\/p>\n

Article 56<\/strong><\/em><\/span>
\nSpecial cooperation<\/strong><\/span>
\nWithout prejudice to its domestic law, each State Party shall endeavor to take
\nmeasures to permit it to forward, without prejudice to its own investigations,
\nprosecutions or judicial proceedings, information on proceeds of offences
\nestablished in accordance with this Convention to another State Party without prior
\nrequest, when it considers that the disclosure of such information might assist the
\nreceiving State Party in initiating or carrying out investigations, prosecutions or
\njudicial proceedings or might lead to a request by that State Party under this chapter
\nof the Convention.<\/p>\n

Article 57<\/strong><\/em><\/span>
\nReturn and disposal of assets<\/strong><\/span>
\n1. Property confiscated by a State Party pursuant to article 31 or 55 of this
\nConvention shall be disposed of, including by return to its prior legitimate owners,
\npursuant to paragraph 3 of this article, by that State Party in accordance with the
\nprovisions of this Convention and its domestic law.
\n2. Each State Party shall adopt such legislative and other measures, in
\naccordance with the fundamental principles of its domestic law, as may be necessary
\nto enable its competent authorities to return confiscated property, when acting on
\nthe request made by another State Party, in accordance with this Convention, taking
\ninto account the rights of bona fide third parties.
\n3. In accordance with articles 46 and 55 of this Convention and
\nparagraphs 1 and 2 of this article, the requested State Party shall:
\n(a) In the case of embezzlement of public funds or of laundering of
\nembezzled public funds as referred to in articles 17 and 23 of this Convention, when
\nconfiscation was executed in accordance with article 55 and on the basis of a final
\njudgement in the requesting State Party, a requirement that can be waived by the
\nrequested State Party, return the confiscated property to the requesting State Party;
\n(b) In the case of proceeds of any other offence covered by this Convention,
\nwhen the confiscation was executed in accordance with article 55 of this Convention
\nand on the basis of a final judgement in the requesting State Party, a requirement
\nthat can be waived by the requested State Party, return the confiscated property to
\nthe requesting State Party, when the requesting State Party reasonably establishes its
\nprior ownership of such confiscated property to the requested State Party or when
\nthe requested State Party recognizes damage to the requesting State Party as a basis
\nfor returning the confiscated property;
\n(c) In all other cases, give priority consideration to returning confiscated
\nproperty to the requesting State Party, returning such property to its prior legitimate
\nowners or compensating the victims of the crime.
\n4. Where appropriate, unless States Parties decide otherwise, the requested
\nState Party may deduct reasonable expenses incurred in investigations, prosecutions
\nor judicial proceedings leading to the return or disposition of confiscated property
\npursuant to this article.
\n5. Where appropriate, States Parties may also give special consideration to
\nconcluding agreements or mutually acceptable arrangements, on a case-by-case
\nbasis, for the final disposal of confiscated property.<\/p>\n

Article 58<\/strong><\/em><\/span>
\nFinancial intelligence unit<\/strong><\/span>
\nStates Parties shall cooperate with one another for the purpose of preventing
\nand combating the transfer of proceeds of offences established in accordance with
\nthis Convention and of promoting ways and means of recovering such proceeds and,
\nto that end, shall consider establishing a financial intelligence unit to be responsible
\nfor receiving, analysing and disseminating to the competent authorities reports of
\nsuspicious financial transactions.<\/p>\n

Article 59<\/strong><\/em><\/span>
\nBilateral and multilateral agreements and arrangements<\/strong><\/span>
\nStates Parties shall consider concluding bilateral or multilateral agreements or
\narrangements to enhance the effectiveness of international cooperation undertaken
\npursuant to this chapter of the Convention.<\/p>\n

Chapter VI<\/strong>
\n Technical assistance and information exchange<\/strong><\/h4>\n

Article 60<\/strong><\/em><\/span>
\nTraining and technical assistance<\/strong><\/span>
\n1. Each State Party shall, to the extent necessary, initiate, develop or
\nimprove specific training programs for its personnel responsible for preventing
\nand combating corruption. Such training programs could deal, inter alia, with the
\nfollowing areas:
\n(a) Effective measures to prevent, detect, investigate, punish and control
\ncorruption, including the use of evidence-gathering and investigative methods;
\n(b) Building capacity in the development and planning of strategic anti-corruption policy;
\n(c) Training competent authorities in the preparation of requests for mutual
\nlegal assistance that meet the requirements of this Convention;
\n(d) Evaluation and strengthening of institutions, public service management
\nand the management of public finances, including public procurement, and the
\nprivate sector;
\n(e) Preventing and combating the transfer of proceeds of offences
\nestablished in accordance with this Convention and recovering such proceeds;
\n(f) Detecting and freezing of the transfer of proceeds of offences established
\nin accordance with this Convention;
\n(g) Surveillance of the movement of proceeds of offences established in
\naccordance with this Convention and of the methods used to transfer, conceal or
\ndisguise such proceeds;
\n(h) Appropriate and efficient legal and administrative mechanisms and
\nmethods for facilitating the return of proceeds of offences established in accordance
\nwith this Convention;
\n(i) Methods used in protecting victims and witnesses who cooperate with
\njudicial authorities; and
\n(j) Training in national and international regulations and in languages.
\n2. States Parties shall, according to their capacity, consider affording one
\nanother the widest measure of technical assistance, especially for the benefit of
\ndeveloping countries, in their respective plans and programmes to
\ncombat corruption, including material support and training in the areas referred to in
\nparagraph 1 of this article, and training and assistance and the mutual exchange of
\nrelevant experience and specialized knowledge, which will facilitate international
\ncooperation between States Parties in the areas of extradition and mutual legal
\nassistance.
\n3. States Parties shall strengthen, to the extent necessary, efforts to
\nmaximize operational and training activities in international and regional
\norganizations and in the framework of relevant bilateral and multilateral agreements
\nor arrangements.
\n4. States Parties shall consider assisting one another, upon request, in
\nconducting evaluations, studies and research relating to the types, causes, effects
\nand costs of corruption in their respective countries, with a view to developing, with
\nthe participation of competent authorities and society, strategies and action plans to
\ncombat corruption.
\n5. In order to facilitate the recovery of proceeds of offences established in
\naccordance with this Convention, States Parties may cooperate in providing each
\nother with the names of experts who could assist in achieving that objective.
\n6. States Parties shall consider using subregional, regional and international
\nconferences and seminars to promote cooperation and technical assistance and to
\nstimulate discussion on problems of mutual concern, including the special problems
\nand needs of developing countries and countries with economies in transition.
\n7. States Parties shall consider establishing voluntary mechanisms with a
\nview to contributing financially to the efforts of developing countries and countries
\nwith economies in transition to apply this Convention through technical assistance
\nprograms and projects.
\n8. Each State Party shall consider making voluntary contributions to the
\nUnited Nations Office on Drugs and Crime for the purpose of fostering, through the
\nOffice, programs and projects in developing countries with a view to
\nimplementing this Convention.<\/p>\n

Article 61<\/strong><\/em><\/span>
\nCollection, exchange and analysis of information on corruption<\/strong><\/span>
\n1. Each State Party shall consider analysing, in consultation with experts,
\ntrends in corruption in its territory, as well as the circumstances in which corruption
\noffences are committed.
\n2. States Parties shall consider developing and sharing with each other and
\nthrough international and regional organizations statistics, analytical expertise
\nconcerning corruption and information with a view to developing, insofar as
\npossible, common definitions, standards and methodologies, as well as information
\non best practices to prevent and combat corruption.
\n3. Each State Party shall consider monitoring its policies and actual
\nmeasures to combat corruption and making assessments of their effectiveness and
\nefficiency.<\/p>\n

Article 62<\/strong><\/em><\/span>
\nOther measures: implementation of the Convention through economic development and technical assistance<\/strong><\/span>
\n1. States Parties shall take measures conducive to the optimal
\nimplementation of this Convention to the extent possible, through international
\ncooperation, taking into account the negative effects of corruption on society in
\ngeneral, in particular on sustainable development.
\n2. States Parties shall make concrete efforts to the extent possible and in
\ncoordination with each other, as well as with international and regional
\norganizations:
\n(a) To enhance their cooperation at various levels with developing countries,
\nwith a view to strengthening the capacity of the latter to prevent and combat
\ncorruption;
\n(b) To enhance financial and material assistance to support the efforts of
\ndeveloping countries to prevent and fight corruption effectively and to help them
\nimplement this Convention successfully;
\n(c) To provide technical assistance to developing countries and countries
\nwith economies in transition to assist them in meeting their needs for the
\nimplementation of this Convention. To that end, States Parties shall endeavour to
\nmake adequate and regular voluntary contributions to an account specifically
\ndesignated for that purpose in a United Nations funding mechanism. States Parties
\nmay also give special consideration, in accordance with their domestic law and the
\nprovisions of this Convention, to contributing to that account a percentage of the
\nmoney or of the corresponding value of proceeds of crime or property confiscated in
\naccordance with the provisions of this Convention;
\n(d) To encourage and persuade other States and financial institutions as
\nappropriate to join them in efforts in accordance with this article, in particular by
\nproviding more training programs and modern equipment to developing countries
\nin order to assist them in achieving the objectives of this Convention.
\n3. To the extent possible, these measures shall be without prejudice to
\nexisting foreign assistance commitments or to other financial cooperation
\narrangements at the bilateral, regional or international level.
\n4. States Parties may conclude bilateral or multilateral agreements or
\narrangements on material and logistical assistance, taking into consideration the
\nfinancial arrangements necessary for the means of international cooperation
\nprovided for by this Convention to be effective and for the prevention, detection and
\ncontrol of corruption.<\/p>\n

Chapter VII<\/strong>
\n Mechanisms for implementation<\/strong><\/h4>\n

Article 63<\/strong><\/em><\/span>
\nConference of the States Parties to the Convention<\/strong><\/span>
\n1. A Conference of the States Parties to the Convention is hereby
\nestablished to improve the capacity of and cooperation between States Parties to
\nachieve the objectives set forth in this Convention and to promote and review its
\nimplementation.
\n2. The Secretary-General of the United Nations shall convene the
\nConference of the States Parties not later than one year following the entry into
\nforce of this Convention. Thereafter, regular meetings of the Conference of the
\nStates Parties shall be held in accordance with the rules of procedure adopted by the
\nConference.
\n3. The Conference of the States Parties shall adopt rules of procedure and
\nrules governing the functioning of the activities set forth in this article, including
\nrules concerning the admission and participation of observers, and the payment of
\nexpenses incurred in carrying out those activities.
\n4. The Conference of the States Parties shall agree upon activities,
\nprocedures and methods of work to achieve the objectives set forth in paragraph 1
\nof this article, including:
\n(a) Facilitating activities by States Parties under articles 60 and 62 and
\nchapters II to V of this Convention, including by encouraging the mobilization of
\nvoluntary contributions;
\n(b) Facilitating the exchange of information among States Parties on patterns
\nand trends in corruption and on successful practices for preventing and combating it
\nand for the return of proceeds of crime, through, inter alia, the publication of
\nrelevant information as mentioned in this article;
\n(c) Cooperating with relevant international and regional organizations and
\nmechanisms and non-governmental organizations;
\n(d) Making appropriate use of relevant information produced by other
\ninternational and regional mechanisms for combating and preventing corruption in
\norder to avoid unnecessary duplication of work;
\n(e) Reviewing periodically the implementation of this Convention by its
\nStates Parties;
\n(f) Making recommendations to improve this Convention and its
\nimplementation;
\n(g) Taking note of the technical assistance requirements of States Parties
\nwith regard to the implementation of this Convention and recommending any action
\nit may deem necessary in that respect.
\n5. For the purpose of paragraph 4 of this article, the Conference of the
\nStates Parties shall acquire the necessary knowledge of the measures taken by States
\nParties in implementing this Convention and the difficulties encountered by them in
\ndoing so through information provided by them and through such supplemental
\nreview mechanisms as may be established by the Conference of the States Parties.
\n6. Each State Party shall provide the Conference of the States Parties with
\ninformation on its programs, plans and practices, as well as on legislative and
\nadministrative measures to implement this Convention, as required by the
\nConference of the States Parties. The Conference of the States Parties shall examine
\nthe most effective way of receiving and acting upon information, including, inter
\nalia, information received from States Parties and from competent international
\norganizations. Inputs received from relevant non-governmental organizations duly
\naccredited in accordance with procedures to be decided upon by the Conference of
\nthe States Parties may also be considered.
\n7. Pursuant to paragraphs 4 to 6 of this article, the Conference of the States
\nParties shall establish, if it deems it necessary, any appropriate mechanism or body
\nto assist in the effective implementation of the Convention.<\/p>\n

Article 64<\/strong><\/em><\/span>
\nSecretariat<\/strong> <\/span>
\n1. The Secretary-General of the United Nations shall provide the necessary
\nsecretariat services to the Conference of the States Parties to the Convention.
\n2. The secretariat shall:
\n(a) Assist the Conference of the States Parties in carrying out the activities
\nset forth in article 63 of this Convention and make arrangements and provide the
\nnecessary services for the sessions of the Conference of the States Parties;
\n(b) Upon request, assist States Parties in providing information to the
\nConference of the States Parties as envisaged in article 63, paragraphs 5 and 6, of
\nthis Convention; and
\n(c) Ensure the necessary coordination with the secretariats of relevant
\ninternational and regional organizations.<\/p>\n

Chapter VIII<\/strong><\/span>
\n Final provisions<\/strong><\/span><\/h4>\n

Article 65<\/strong><\/em><\/span>
\nImplementation of the Convention<\/strong><\/span>
\n1. Each State Party shall take the necessary measures, including legislative
\nand administrative measures, in accordance with fundamental principles of its
\ndomestic law, to ensure the implementation of its obligations under this Convention.
\n2. Each State Party may adopt more strict or severe measures than those
\nprovided for by this Convention for preventing and combating corruption.<\/p>\n

Article 66<\/strong><\/em><\/span>
\nSettlement of disputes<\/strong><\/span>
\nl. States Parties shall endeavor to settle disputes concerning the
\ninterpretation or application of this Convention through negotiation.
\n2. Any dispute between two or more States Parties concerning the
\ninterpretation or application of this Convention that cannot be settled through
\nnegotiation within a reasonable time shall, at the request of one of those States
\nParties, be submitted to arbitration. If, six months after the date of the request for
\narbitration, those States Parties are unable to agree on the organization of the
\narbitration, any one of those States Parties may refer the dispute to the International
\nCourt of Justice by request in accordance with the Statute of the Court.
\n3. Each State Party may, at the time of signature, ratification, acceptance or
\napproval of or accession to this Convention, declare that it does not consider itself
\nbound by paragraph 2 of this article. The other States Parties shall not be bound by
\nparagraph 2 of this article with respect to any State Party that has made such a
\nreservation.
\n4. Any State Party that has made a reservation in accordance with
\nparagraph 3 of this article may at any time withdraw that reservation by notification
\nto the Secretary-General of the United Nations.<\/p>\n

Article 67<\/strong><\/em><\/span>
\nSignature, ratification, acceptance, approval and accession<\/strong><\/span>
\n1. This Convention shall be open to all States for signature from 9 to
\n11 December 2003 in Merida, Mexico, and thereafter at United Nations
\nHeadquarters in New York until 9 December 2005.
\n2. This Convention shall also be open for signature by regional economic
\nintegration organizations provided that at least one member State of such
\norganization has signed this Convention in accordance with paragraph 1 of this
\narticle.
\n3. This Convention is subject to ratification, acceptance or approval.
\nInstruments of ratification, acceptance or approval shall be deposited with the
\nSecretary-General of the United Nations. A regional economic integration
\norganization may deposit its instrument of ratification, acceptance or approval if at
\nleast one of its member States has done likewise. In that instrument of ratification,
\nacceptance or approval, such organization shall declare the extent of its competence
\nwith respect to the matters governed by this Convention. Such organization shall
\nalso inform the depositary of any relevant modification in the extent of its
\ncompetence.
\n4. This Convention is open for accession by any State or any regional
\neconomic integration organization of which at least one member State is a Party to
\nthis Convention. Instruments of accession shall be deposited with the SecretaryGeneral of the United Nations. At the time of its accession, a regional economic
\nintegration organization shall declare the extent of its competence with respect to
\nmatters governed by this Convention. Such organization shall also inform the
\ndepositary of any relevant modification in the extent of its competence.<\/p>\n

Article 68<\/strong><\/em><\/span>
\nEntry into force<\/strong><\/span>
\n1. This Convention shall enter into force on the ninetieth day after the date
\nof deposit of the thirtieth instrument of ratification, acceptance, approval or
\naccession. For the purpose of this paragraph, any instrument deposited by a regional
\neconomic integration organization shall not be counted as additional to those
\ndeposited by member States of such organization.
\n2. For each State or regional economic integration organization ratifying,
\naccepting, approving or acceding to this Convention after the deposit of the
\nthirtieth instrument of such action, this Convention shall enter into force on the
\nthirtieth day after the date of deposit by such State or organization of the relevant
\ninstrument or on the date this Convention enters into force pursuant to paragraph 1
\nof this article, whichever is later.<\/p>\n

Article 69<\/strong><\/em><\/span>
\nAmendment<\/strong><\/span>
\n1. After the expiry of five years from the entry into force of this
\nConvention, a State Party may propose an amendment and transmit it to the
\nSecretary-General of the United Nations, who shall thereupon communicate the
\nproposed amendment to the States Parties and to the Conference of the States
\nParties to the Convention for the purpose of considering and deciding on the
\nproposal. The Conference of the States Parties shall make every effort to achieve
\nconsensus on each amendment. If all efforts at consensus have been exhausted and
\nno agreement has been reached, the amendment shall, as a last resort, require for its
\nadoption a two-thirds majority vote of the States Parties present and voting at the
\nmeeting of the Conference of the States Parties.
\n2. Regional economic integration organizations, in matters within their
\ncompetence, shall exercise their right to vote under this article with a number of
\nvotes equal to the number of their member States that are Parties to this Convention.
\nSuch organizations shall not exercise their right to vote if their member States
\nexercise theirs and vice versa.
\n3. An amendment adopted in accordance with paragraph 1 of this article is
\nsubject to ratification, acceptance or approval by States Parties.
\n4. An amendment adopted in accordance with paragraph 1 of this article
\nshall enter into force in respect of a State Party ninety days after the date of the
\ndeposit with the Secretary-General of the United Nations of an instrument of
\nratification, acceptance or approval of such amendment.
\n5. When an amendment enters into force, it shall be binding on those States
\nParties which have expressed their consent to be bound by it. Other States Parties
\nshall still be bound by the provisions of this Convention and any earlier
\namendments that they have ratified, accepted or approved.<\/p>\n

Article 70<\/strong><\/em><\/span>
\nDenunciation<\/strong><\/span>
\n1. A State Party may denounce this Convention by written notification to
\nthe Secretary-General of the United Nations. Such denunciation shall become
\neffective one year after the date of receipt of the notification by the SecretaryGeneral.
\n2. A regional economic integration organization shall cease to be a Party to
\nthis Convention when all of its member States have denounced it.<\/p>\n

Article 71<\/strong><\/em><\/span>
\nDepositary and languages<\/strong><\/span>
\n1. The Secretary-General of the United Nations is designated depositary of
\nthis Convention.
\n2. The original of this Convention, of which the Arabic, Chinese, English,
\nFrench, Russian and Spanish texts are equally authentic, shall be deposited with the
\nSecretary-General of the United Nations.
\nIN WITNESS WHEREOF<\/strong>, the undersigned plenipotentiaries, being duly
\nauthorized thereto by their respective Governments, have signed this Convention.<\/p>\n","protected":false},"excerpt":{"rendered":"

Preamble The States Parties to this Convention, Concerned about the seriousness of problems and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law,<\/p>

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