UNITED NATIONS CONVENTION AGAINST CORRUPTION

 

 

Foreword 

Corruption is an insidious plague that has a wide range of corrosive effects 

on societies. It undermines democracy and the rule of law, leads to violations 

of human rights, distorts markets, erodes the quality of life and allows organized 

crime, terrorism and other threats to human security to flourish. 

This evil phenomenon is found in all countries—big and small, rich and 

poor—but it is in the developing world that its effects are most destructive. 

Corruption hurts the poor disproportionately by diverting funds intended for 

development, undermining a Government’s ability to provide basic services, 

feeding inequality and injustice and discouraging foreign aid and investment. 

Corruption is a key element in economic underperformance and a major obsta- 

cle to poverty alleviation and development. 

I am therefore very happy that we now have a new instrument to address 

this scourge at the global level. The adoption of the United Nations Convention 

against Corruption will send a clear message that the international community 

is determined to prevent and control corruption. It will warn the corrupt that 

betrayal of the public trust will no longer be tolerated. And it will reaffirm the 

importance of core values such as honesty, respect for the rule of law, account- 

ability and transparency in promoting development and making the world a 

better place for all. 

The new Convention is a remarkable achievement, and it complements 

another landmark instrument, the United Nations Convention against 

Transnational Organized Crime, which entered into force just a month ago. It 

is balanced, strong and pragmatic, and it offers a new framework for effective 

action and international cooperation. 

The Convention introduces a comprehensive set of standards, measures 

and rules that all countries can apply in order to strengthen their legal and 

regulatory regimes to fight corruption. It calls for preventive measures and the 

criminalization of the most prevalent forms of corruption in both public and 

private sectors. And it makes a major breakthrough by requiring Member States 

to return assets obtained through corruption to the country from which they 

were stolen. 

These provisions—the first of their kind—introduce a new fundamental 

principle, as well as a framework for stronger cooperation between States to 

prevent and detect corruption and to return the proceeds. Corrupt officials will 

in future find fewer ways to hide their illicit gains. This is a particularly impor- 

tant issue for many developing countries where corrupt high officials have

iv 

plundered the national wealth and where new Governments badly need 

resources to reconstruct and rehabilitate their societies. 

For the United Nations, the Convention is the culmination of work that 

started many years ago, when the word corruption was hardly ever uttered in 

official circles. It took systematic efforts, first at the technical, and then gradu- 

ally at the political, level to put the fight against corruption on the global 

agenda. Both the Monterrey International Conference on Financing for Devel- 

opment and the Johannesburg World Summit on Sustainable Development 

offered opportunities for Governments to express their determination to attack 

corruption and to make many more people aware of the devastating effect that 

corruption has on development. 

The Convention is also the result of long and difficult negotiations. Many 

complex issues and many concerns from different quarters had to be addressed. 

It was a formidable challenge to produce, in less than two years, an instrument 

that reflects all those concerns. All countries had to show flexibility and make 

concessions. But we can be proud of the result. 

Allow me to congratulate the members of the bureau of the Ad Hoc 

Committee for the Negotiation of a Convention against Corruption on their 

hard work and leadership, and to pay a special tribute to the Committee’s late 

Chairman, Ambassador Héctor Charry Samper of Colombia, for his wise guid- 

ance and his dedication. I am sure all here share my sorrow that he is not with 

us to celebrate this great success. 

The adoption of the new Convention will be a remarkable achievement. 

But let us be clear: it is only a beginning. We must build on the momentum 

achieved to ensure that the Convention enters into force as soon as possible. I 

urge all Member States to attend the Signing Conference in Merida, Mexico, 

in December, and to ratify the Convention at the earliest possible date. 

If fully enforced, this new instrument can make a real difference to the 

quality of life of millions of people around the world. And by removing one of 

the biggest obstacles to development it can help us achieve the Millennium 

Development Goals. Be assured that the United Nations Secretariat, and in 

particular the United Nations Office on Drugs and Crime, will do whatever it 

can to support the efforts of States to eliminate the scourge of corruption from 

the face of the Earth. It is a big challenge, but I think that, together, we can 

make a difference. 

Kofi A. Annan 

Secretary-General

 

 

General Assembly resolution 58/4 

of 31 October 2003 

United Nations Convention 

against Corruption 

The General Assembly, 

Recalling its resolution 55/61 of 4 December 2000, in which it established 

an ad hoc committee for the negotiation of an effective international legal in- 

strument against corruption and requested the Secretary-General to convene an 

intergovernmental open-ended expert group to examine and prepare draft terms 

of reference for the negotiation of such an instrument, and its resolution 55/188 

of 20 December 2000, in which it invited the intergovernmental open-ended 

expert group to be convened pursuant to resolution 55/61 to examine the 

question of illegally transferred funds and the return of such funds to the 

countries of origin, 

Recalling also its resolutions 56/186 of 21 December 2001 and 57/244 of 

20 December 2002 on preventing and combating corrupt practices and transfer 

of funds of illicit origin and returning such funds to the countries of origin, 

Recalling further its resolution 56/260 of 31 January 2002, in which it 

requested the Ad Hoc Committee for the Negotiation of a Convention against 

Corruption to complete its work by the end of 2003, 

Recalling its resolution 57/169 of 18 December 2002, in which it accepted 

with appreciation the offer made by the Government of Mexico to host a high- 

level political conference for the purpose of signing the convention and re- 

quested the Secretary-General to schedule the conference for a period of three 

days before the end of 2003, 

Recalling also Economic and Social Council resolution 2001/13 of 24 July 

2001, entitled “Strengthening international cooperation in preventing and com- 

bating the transfer of funds of illicit origin, derived from acts of corruption, 

including the laundering of funds, and in returning such funds”, 

Expressing its appreciation to the Government of Argentina for hosting the 

informal preparatory meeting of the Ad Hoc Committee for the Negotiation of 

a Convention against Corruption in Buenos Aires from 4 to 7 December 2001,

Recalling the Monterrey Consensus, adopted by the International Con- 

ference on Financing for Development, held in Monterrey, Mexico, from 18 to 

22 March 2002,1 in which it was underlined that fighting corruption at all 

levels was a priority, 

Recalling also the Johannesburg Declaration on Sustainable Development, 

adopted by the World Summit on Sustainable Development, held in 

Johannesburg, South Africa, from 26 August to 4 September 2002,2 in parti- 

cular paragraph 19 thereof, in which corruption was declared a threat to the 

sustainable development of people, 

Concerned about the seriousness of problems and threats posed by corrup- 

tion 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, 

1. Takes note of the report of the Ad Hoc Committee for the Negotiation 

of a Convention against Corruption,3 which carried out its work at the head- 

quarters of the United Nations Office on Drugs and Crime in Vienna, in which 

the Ad Hoc Committee submitted the final text of the draft United Nations 

Convention against Corruption to the General Assembly for its consideration 

and action, and commends the Ad Hoc Committee for its work; 

2. Adopts the United Nations Convention against Corruption annexed 

to the present resolution, and opens it for signature at the High-level Political 

Signing Conference to be held in Merida, Mexico, from 9 to 11 December 

2003, in accordance with resolution 57/169; 

3. Urges all States and competent regional economic integration organi- 

zations to sign and ratify the United Nations Convention against Corruption 

as soon as possible in order to ensure its rapid entry into force; 

4. Decides that, until the Conference of the States Parties to the Conven- 

tion established pursuant to the United Nations Convention against Corruption 

decides otherwise, the account referred to in article 62 of the Convention will 

be operated within the United Nations Crime Prevention and Criminal Justice 

Fund, and encourages Member States to begin making adequate voluntary 

contributions to the above-mentioned account for the provision to developing 

Report of the International Conference on Financing for Development, Monterrey, Mexico, 18-22 March 

2002 (United Nations publication, Sales No. E.02.II.A.7), chap. I, resolution 1, annex. 

Report of the World Summit on Sustainable Development, Johannesburg, South Africa, 

26 August-4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum), chap. I, 

resolution 1, annex. 

A/58/422 and Add.1.

countries and countries with economies in transition of the technical assistance 

that they might require to prepare for ratification and implementation of the 

Convention; 

5. Also decides that the Ad Hoc Committee for the Negotiation of a 

Convention against Corruption will complete its tasks arising from the negotia- 

tion of the United Nations Convention against Corruption by holding a meet- 

ing well before the convening of the first session of the Conference of the States 

Parties to the Convention in order to prepare the draft text of the rules of 

procedure of the Conference of the States Parties and of other rules described 

in article 63 of the Convention, which will be submitted to the Conference of 

the States Parties at its first session for consideration; 

6. Requests the Conference of the States Parties to the Convention to 

address the criminalization of bribery of officials of public international organi- 

zations, including the United Nations, and related issues, taking into account 

questions of privileges and immunities, as well as of jurisdiction and the role of 

international organizations, by, inter alia, making recommendations regarding 

appropriate action in that regard; 

7. Decides that, in order to raise awareness of corruption and of the role 

of the Convention in combating and preventing it, 9 December should be 

designated International Anti-Corruption Day; 

8. Requests the Secretary-General to designate the United Nations Office 

on Drugs and Crime to serve as the secretariat for and under the direction of 

the Conference of the States Parties to the Convention; 

9. Also requests the Secretary-General to provide the United Nations 

Office on Drugs and Crime with the resources necessary to enable it to promote 

in an effective manner the rapid entry into force of the United Nations Con- 

vention against Corruption and to discharge the functions of secretariat of the 

Conference of the States Parties to the Convention, and to support the Ad Hoc 

Committee in its work pursuant to paragraph 5 above; 

10. Further requests the Secretary-General to prepare a comprehensive 

report on the High-level Political Signing Conference to be held in Merida, 

Mexico, in accordance with resolution 57/169, for submission to the General 

Assembly at its fifty-ninth session.

Preamble 

The States Parties to this Convention, 

Concerned about the seriousness of problems and threats posed by corrup- 

tion 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, 

Concerned also about the links between corruption and other forms of 

crime, in particular organized crime and economic crime, including money- 

laundering, 

Concerned further about cases of corruption that involve vast quantities of 

assets, which may constitute a substantial proportion of the resources of States, 

and that threaten the political stability and sustainable development of those 

States, 

Convinced that corruption is no longer a local matter but a transnational 

phenomenon that affects all societies and economies, making international co- 

operation to prevent and control it essential, 

Convinced also that a comprehensive and multidisciplinary approach is 

required to prevent and combat corruption effectively, 

Convinced further that the availability of technical assistance can play an 

important role in enhancing the ability of States, including by strengthening 

capacity and by institution-building, to prevent and combat corruption 

effectively, 

Convinced that the illicit acquisition of personal wealth can be particularly 

damaging to democratic institutions, national economies and the rule of law, 

Annex 

United Nations Convention 

against Corruption

Determined to prevent, detect and deter in a more effective manner inter- 

national transfers of illicitly acquired assets and to strengthen international co- 

operation in asset recovery, 

Acknowledging the fundamental principles of due process of law in criminal 

proceedings and in civil or administrative proceedings to adjudicate property 

rights, 

Bearing in mind that the prevention and eradication of corruption is a 

responsibility of all States and that they must cooperate with one another, with 

the support and involvement of individuals and groups outside the public sec- 

tor, such as civil society, non-governmental organizations and community-based 

organizations, if their efforts in this area are to be effective, 

Bearing also in mind the principles of proper management of public affairs 

and public property, fairness, responsibility and equality before the law and the 

need to safeguard integrity and to foster a culture of rejection of corruption, 

Commending the work of the Commission on Crime Prevention and 

Criminal Justice and the United Nations Office on Drugs and Crime in pre- 

venting and combating corruption, 

Recalling the work carried out by other international and regional organi- 

zations in this field, including the activities of the African Union, the Council 

of Europe, the Customs Cooperation Council (also known as the World Cus- 

toms Organization), the European Union, the League of Arab States, the Or- 

ganisation for Economic Cooperation and Development and the Organization 

of American States, 

Taking note with appreciation of multilateral instruments to prevent and 

combat corruption, including, inter alia, the Inter-American Convention 

against Corruption, adopted by the Organization of American States on 

29 March 1996,1 the Convention on the Fight against Corruption involving 

Officials of the European Communities or Officials of Member States of the 

European Union, adopted by the Council of the European Union on 26 May 

1997,2 the Convention on Combating Bribery of Foreign Public Officials in 

International Business Transactions, adopted by the Organisation for Economic 

Cooperation and Development on 21 November 1997,3 the Criminal Law 

See E/1996/99. 

Official Journal of the European Communities, C 195, 25 June 1997. 

See Corruption and Integrity Improvement Initiatives in Developing Countries (United Nations publi- 

cation, Sales No. E.98.III.B.18).

Convention on Corruption, adopted by the Committee of Ministers of the 

Council of Europe on 27 January 1999,4 the Civil Law Convention on Corrup- 

tion, adopted by the Committee of Ministers of the Council of Europe on 

4 November 1999,5 and the African Union Convention on Preventing and 

Combating Corruption, adopted by the Heads of State and Government of the 

African Union on 12 July 2003, 

Welcoming the entry into force on 29 September 2003 of the United 

Nations Convention against Transnational Organized Crime,6 

Have agreed as follows: 

Chapter I 

General provisions 

Article 1. Statement of purpose 

The purposes of this Convention are: 

(a) To promote and strengthen measures to prevent and combat corrup- 

tion more efficiently and effectively; 

(b) To promote, facilitate and support international cooperation and 

technical assistance in the prevention of and fight against corruption, including 

in asset recovery; 

(c) To promote integrity, accountability and proper management of pub- 

lic affairs and public property. 

Article 2. Use of terms 

For the purposes of this Convention: 

(a) “Public official” shall mean: (i) any person holding a legislative, execu- 

tive, administrative or judicial office of a State Party, whether appointed or 

elected, whether permanent or temporary, whether paid or unpaid, irrespective 

of that person’s seniority; (ii) any other person who performs a public function, 

including for a public agency or public enterprise, or provides a public service, 

as defined in the domestic law of the State Party and as applied in the pertinent 

area of law of that State Party; (iii) any other person defined as a “public 

Council of Europe, European Treaty Series, No. 173. 

Ibid., No. 174. 

General Assembly resolution 55/25, annex I.

official” in the domestic law of a State Party. However, for the purpose of some 

specific measures contained in chapter II of this Convention, “public official” 

may mean any person who performs a public function or provides a public 

service as defined in the domestic law of the State Party and as applied in the 

pertinent area of law of that State Party; 

(b) “Foreign public official” shall mean any person holding a legislative, 

executive, administrative or judicial office of a foreign country, whether ap- 

pointed or elected; and any person exercising a public function for a foreign 

country, including for a public agency or public enterprise; 

(c) “Official of a public international organization” shall mean an inter- 

national civil servant or any person who is authorized by such an organization 

to act on behalf of that organization; 

(d) “Property” shall mean assets of every kind, whether corporeal or in- 

corporeal, movable or immovable, tangible or intangible, and legal documents 

or instruments evidencing title to or interest in such assets; 

(e) “Proceeds of crime” shall mean any property derived from or ob- 

tained, directly or indirectly, through the commission of an offence; 

(f) “Freezing” or “seizure” shall mean temporarily prohibiting the trans- 

fer, conversion, disposition or movement of property or temporarily assuming 

custody or control of property on the basis of an order issued by a court or 

other competent authority; 

(g) “Confiscation”, which includes forfeiture where applicable, shall mean 

the permanent deprivation of property by order of a court or other competent 

authority; 

(h) “Predicate offence” shall mean any offence as a result of which pro- 

ceeds have been generated that may become the subject of an offence as defined 

in article 23 of this Convention; 

(i) “Controlled delivery” shall mean the technique of allowing illicit or 

suspect consignments to pass out of, through or into the territory of one or 

more States, with the knowledge and under the supervision of their competent 

authorities, with a view to the investigation of an offence and the identification 

of persons involved in the commission of the offence. 

Article 3. Scope of application 

1. This Convention shall apply, in accordance with its terms, to the 

prevention, investigation and prosecution of corruption and to the freezing, 

seizure, confiscation and return of the proceeds of offences established in 

accordance with this Convention.

2. For the purposes of implementing this Convention, it shall not be 

necessary, except as otherwise stated herein, for the offences set forth in it to 

result in damage or harm to state property. 

Article 4. Protection of sovereignty 

1. States Parties shall carry out their obligations under this Convention 

in a manner consistent with the principles of sovereign equality and territorial 

integrity of States and that of non-intervention in the domestic affairs of 

other States. 

2. Nothing in this Convention shall entitle a State Party to undertake in 

the territory of another State the exercise of jurisdiction and performance of 

functions that are reserved exclusively for the authorities of that other State by 

its domestic law. 

Chapter II 

Preventive measures 

Article 5. Preventive anti-corruption policies and practices 

1. Each State Party shall, in accordance with the fundamental principles 

of its legal system, develop and implement or maintain effective, coordinated 

anti-corruption policies that promote the participation of society and reflect the 

principles of the rule of law, proper management of public affairs and public 

property, integrity, transparency and accountability. 

2. Each State Party shall endeavour to establish and promote effective 

practices aimed at the prevention of corruption. 

3. Each State Party shall endeavour to periodically evaluate relevant legal 

instruments and administrative measures with a view to determining their 

adequacy to prevent and fight corruption. 

4. States Parties shall, as appropriate and in accordance with the funda- 

mental principles of their legal system, collaborate with each other and with 

relevant international and regional organizations in promoting and developing 

the measures referred to in this article. That collaboration may include partici- 

pation in international programmes and projects aimed at the prevention of 

corruption.

10 

Article 6. Preventive anti-corruption body or bodies 

1. Each State Party shall, in accordance with the fundamental principles 

of its legal system, ensure the existence of a body or bodies, as appropriate, that 

prevent corruption by such means as: 

(a) Implementing the policies referred to in article 5 of this Convention 

and, where appropriate, overseeing and coordinating the implementation of 

those policies; 

(b) Increasing and disseminating knowledge about the prevention of cor- 

ruption. 

2. Each State Party shall grant the body or bodies referred to in para- 

graph 1 of this article the necessary independence, in accordance with the fun- 

damental principles of its legal system, to enable the body or bodies to carry out 

its or their functions effectively and free from any undue influence. The nec- 

essary material resources and specialized staff, as well as the training that such 

staff may require to carry out their functions, should be provided. 

3. Each State Party shall inform the Secretary-General of the United 

Nations of the name and address of the authority or authorities that may assist 

other States Parties in developing and implementing specific measures for the 

prevention of corruption. 

Article 7. Public sector 

1. Each State Party shall, where appropriate and in accordance with the 

fundamental principles of its legal system, endeavour to adopt, maintain and 

strengthen systems for the recruitment, hiring, retention, promotion and retire- 

ment of civil servants and, where appropriate, other non-elected public officials: 

(a) That are based on principles of efficiency, transparency and objective 

criteria such as merit, equity and aptitude; 

(b) That include adequate procedures for the selection and training of 

individuals for public positions considered especially vulnerable to corruption 

and the rotation, where appropriate, of such individuals to other positions; 

(c) That promote adequate remuneration and equitable pay scales, taking 

into account the level of economic development of the State Party; 

(d) That promote education and training programmes to enable them to 

meet the requirements for the correct, honourable and proper performance of 

public functions and that provide them with specialized and appropriate train- 

ing to enhance their awareness of the risks of corruption inherent in the

11 

performance of their functions. Such programmes may make reference to codes 

or standards of conduct in applicable areas. 

2. Each State Party shall also consider adopting appropriate legislative 

and administrative measures, consistent with the objectives of this Convention 

and in accordance with the fundamental principles of its domestic law, to 

prescribe criteria concerning candidature for and election to public office. 

3. Each State Party shall also consider taking appropriate legislative and 

administrative measures, consistent with the objectives of this Convention and 

in accordance with the fundamental principles of its domestic law, to enhance 

transparency in the funding of candidatures for elected public office and, where 

applicable, the funding of political parties. 

4. Each State Party shall, in accordance with the fundamental principles 

of its domestic law, endeavour to adopt, maintain and strengthen systems that 

promote transparency and prevent conflicts of interest. 

Article 8. Codes of conduct for public officials 

1. In order to fight corruption, each State Party shall promote, inter alia, 

integrity, honesty and responsibility among its public officials, in accordance 

with the fundamental principles of its legal system. 

2. In particular, each State Party shall endeavour to apply, within its own 

institutional and legal systems, codes or standards of conduct for the correct, 

honourable and proper performance of public functions. 

3. For the purposes of implementing the provisions of this article, each 

State Party shall, where appropriate and in accordance with the fundamental 

principles of its legal system, take note of the relevant initiatives of regional, 

interregional and multilateral organizations, such as the International Code of 

Conduct for Public Officials contained in the annex to General Assembly reso- 

lution 51/59 of 12 December 1996. 

4. Each State Party shall also consider, in accordance with the funda- 

mental principles of its domestic law, establishing measures and systems to 

facilitate the reporting by public officials of acts of corruption to appropriate 

authorities, when such acts come to their notice in the performance of their 

functions. 

5. Each State Party shall endeavour, where appropriate and in accord- 

ance with the fundamental principles of its domestic law, to establish measures

12 

and systems requiring public officials to make declarations to appropriate 

authorities regarding, inter alia, their outside activities, employment, invest- 

ments, assets and substantial gifts or benefits from which a conflict of interest 

may result with respect to their functions as public officials. 

6. Each State Party shall consider taking, in accordance with the funda- 

mental principles of its domestic law, disciplinary or other measures against 

public officials who violate the codes or standards established in accordance 

with this article. 

Article 9. Public procurement and management 

of public finances 

1. Each State Party shall, in accordance with the fundamental principles 

of its legal system, take the necessary steps to establish appropriate systems of 

procurement, based on transparency, competition and objective criteria in 

decision-making, that are effective, inter alia, in preventing corruption. Such 

systems, which may take into account appropriate threshold values in their 

application, shall address, inter alia: 

(a) The public distribution of information relating to procurement pro- 

cedures and contracts, including information on invitations to tender and rel- 

evant or pertinent information on the award of contracts, allowing potential 

tenderers sufficient time to prepare and submit their tenders; 

(b) The establishment, in advance, of conditions for participation, includ- 

ing selection and award criteria and tendering rules, and their publication; 

(c) The use of objective and predetermined criteria for public procure- 

ment decisions, in order to facilitate the subsequent verification of the correct 

application of the rules or procedures; 

(d) An effective system of domestic review, including an effective system 

of appeal, to ensure legal recourse and remedies in the event that the rules or 

procedures established pursuant to this paragraph are not followed; 

(e) Where appropriate, measures to regulate matters regarding personnel 

responsible for procurement, such as declaration of interest in particular public 

procurements, screening procedures and training requirements. 

2. Each State Party shall, in accordance with the fundamental principles 

of its legal system, take appropriate measures to promote transparency and 

accountability in the management of public finances. Such measures shall 

encompass, inter alia: 

(a) Procedures for the adoption of the national budget;

13 

(b) Timely reporting on revenue and expenditure; 

(c) A system of accounting and auditing standards and related oversight; 

(d) Effective and efficient systems of risk management and internal con- 

trol; and 

(e) Where appropriate, corrective action in the case of failure to comply 

with the requirements established in this paragraph. 

3. Each State Party shall take such civil and administrative measures as 

may be necessary, in accordance with the fundamental principles of its domestic 

law, to preserve the integrity of accounting books, records, financial statements 

or other documents related to public expenditure and revenue and to prevent 

the falsification of such documents. 

Article 10. Public reporting 

Taking into account the need to combat corruption, each State Party shall, 

in accordance with the fundamental principles of its domestic law, take such 

measures as may be necessary to enhance transparency in its public administra- 

tion, including with regard to its organization, functioning and decision- 

making processes, where appropriate. Such measures may include, inter alia: 

(a) Adopting procedures or regulations allowing members of the general 

public to obtain, where appropriate, information on the organization, function- 

ing and decision-making processes of its public administration and, with due 

regard for the protection of privacy and personal data, on decisions and legal 

acts that concern members of the public; 

(b) Simplifying administrative procedures, where appropriate, in order to 

facilitate public access to the competent decision-making authorities; and 

(c) Publishing information, which may include periodic reports on the 

risks of corruption in its public administration. 

Article 11. Measures relating to the judiciary 

and prosecution services 

1. Bearing in mind the independence of the judiciary and its crucial role 

in combating corruption, each State Party shall, in accordance with the funda- 

mental principles of its legal system and without prejudice to judicial independ- 

ence, take measures to strengthen integrity and to prevent opportunities for 

corruption among members of the judiciary. Such measures may include rules 

with respect to the conduct of members of the judiciary.

14 

2. Measures to the same effect as those taken pursuant to paragraph 1 of 

this article may be introduced and applied within the prosecution service in 

those States Parties where it does not form part of the judiciary but enjoys 

independence similar to that of the judicial service. 

Article 12. Private sector 

1. Each State Party shall take measures, in accordance with the funda- 

mental principles of its domestic law, to prevent corruption involving the 

private sector, enhance accounting and auditing standards in the private sector 

and, where appropriate, provide effective, proportionate and dissuasive civil, 

administrative or criminal penalties for failure to comply with such measures. 

2. Measures to achieve these ends may include, inter alia: 

(a) Promoting cooperation between law enforcement agencies and 

relevant private entities; 

(b) Promoting the development of standards and procedures designed to 

safeguard the integrity of relevant private entities, including codes of conduct 

for the correct, honourable and proper performance of the activities of business 

and all relevant professions and the prevention of conflicts of interest, and for 

the promotion of the use of good commercial practices among businesses and 

in the contractual relations of businesses with the State; 

(c) Promoting transparency among private entities, including, where ap- 

propriate, measures regarding the identity of legal and natural persons involved 

in the establishment and management of corporate entities; 

(d) Preventing the misuse of procedures regulating private entities, in- 

cluding procedures regarding subsidies and licences granted by public authori- 

ties for commercial activities; 

(e) Preventing conflicts of interest by imposing restrictions, as appropri- 

ate and for a reasonable period of time, on the professional activities of former 

public officials or on the employment of public officials by the private sector 

after their resignation or retirement, where such activities or employment relate 

directly to the functions held or supervised by those public officials during their 

tenure; 

(f) Ensuring that private enterprises, taking into account their structure 

and size, have sufficient internal auditing controls to assist in preventing and 

detecting acts of corruption and that the accounts and required financial state- 

ments of such private enterprises are subject to appropriate auditing and certi- 

fication procedures.

15 

3. In order to prevent corruption, each State Party shall take such meas- 

ures as may be necessary, in accordance with its domestic laws and regulations 

regarding the maintenance of books and records, financial statement disclosures 

and accounting and auditing standards, to prohibit the following acts carried 

out for the purpose of committing any of the offences established in accordance 

with this Convention: 

(a) The establishment of off-the-books accounts; 

(b) The making of off-the-books or inadequately identified transactions; 

(c) The recording of non-existent expenditure; 

(d) The entry of liabilities with incorrect identification of their objects; 

(e) The use of false documents; and 

(f) The intentional destruction of bookkeeping documents earlier than 

foreseen by the law. 

4. Each State Party shall disallow the tax deductibility of expenses that 

constitute bribes, the latter being one of the constituent elements of the offences 

established in accordance with articles 15 and 16 of this Convention and, where 

appropriate, other expenses incurred in furtherance of corrupt conduct. 

Article 13. Participation of society 

1. Each State Party shall take appropriate measures, within its means and 

in accordance with fundamental principles of its domestic law, to promote the 

active participation of individuals and groups outside the public sector, such as 

civil society, non-governmental organizations and community-based organiza- 

tions, in the prevention of and the fight against corruption and to raise public 

awareness regarding the existence, causes and gravity of and the threat posed by 

corruption. This participation should be strengthened by such measures as: 

(a) Enhancing the transparency of and promoting the contribution of the 

public to decision-making processes; 

(b) Ensuring that the public has effective access to information; 

(c) Undertaking public information activities that contribute to non- 

tolerance of corruption, as well as public education programmes, including 

school and university curricula; 

(d) Respecting, promoting and protecting the freedom to seek, receive, 

publish and disseminate information concerning corruption. That freedom may 

be subject to certain restrictions, but these shall only be such as are provided for 

by law and are necessary: 

(i) For respect of the rights or reputations of others;

16 

(ii) For the protection of national security or ordre public or of 

public health or morals. 

2. Each State Party shall take appropriate measures to ensure that the 

relevant anti-corruption bodies referred to in this Convention are known to the 

public and shall provide access to such bodies, where appropriate, for the re- 

porting, including anonymously, of any incidents that may be considered to 

constitute an offence established in accordance with this Convention. 

Article 14. Measures to prevent money-laundering 

1. Each State Party shall: 

(a) Institute a comprehensive domestic regulatory and supervisory regime 

for banks and non-bank financial institutions, including natural or legal persons 

that provide formal or informal services for the transmission of money or value 

and, where appropriate, other bodies particularly susceptible to money- 

laundering, within its competence, in order to deter and detect all forms of 

money-laundering, which regime shall emphasize requirements for customer 

and, where appropriate, beneficial owner identification, record-keeping and the 

reporting of suspicious transactions; 

(b) Without prejudice to article 46 of this Convention, ensure that ad- 

ministrative, regulatory, law enforcement and other authorities dedicated to 

combating money-laundering (including, where appropriate under domestic 

law, judicial authorities) have the ability to cooperate and exchange information 

at the national and international levels within the conditions prescribed by its 

domestic law and, to that end, shall consider the establishment of a financial 

intelligence unit to serve as a national centre for the collection, analysis and 

dissemination of information regarding potential money-laundering. 

2. States Parties shall consider implementing feasible measures to detect 

and monitor the movement of cash and appropriate negotiable instruments 

across their borders, subject to safeguards to ensure proper use of information 

and without impeding in any way the movement of legitimate capital. Such 

measures may include a requirement that individuals and businesses report the 

cross-border transfer of substantial quantities of cash and appropriate negotiable 

instruments. 

3. States Parties shall consider implementing appropriate and feasible 

measures to require financial institutions, including money remitters: 

(a) To include on forms for the electronic transfer of funds and related 

messages accurate and meaningful information on the originator;

17 

(b) To maintain such information throughout the payment chain; and 

(c) To apply enhanced scrutiny to transfers of funds that do not contain 

complete information on the originator. 

4. In establishing a domestic regulatory and supervisory regime under the 

terms of this article, and without prejudice to any other article of this Conven- 

tion, States Parties are called upon to use as a guideline the relevant initiatives of 

regional, interregional and multilateral organizations against money-laundering. 

5. States Parties shall endeavour to develop and promote global, regional, 

subregional and bilateral cooperation among judicial, law enforcement and 

financial regulatory authorities in order to combat money-laundering. 

Chapter III 

Criminalization and law enforcement 

Article 15. Bribery of national public officials 

Each State Party shall adopt such legislative and other measures as may be 

necessary to establish as criminal offences, when committed intentionally: 

(a) The promise, offering or giving, to a public official, directly or indi- 

rectly, of an undue advantage, for the official himself or herself or another 

person or entity, in order that the official act or refrain from acting in the 

exercise of his or her official duties; 

(b) The solicitation or acceptance by a public official, directly or indi- 

rectly, of an undue advantage, for the official himself or herself or another 

person or entity, in order that the official act or refrain from acting in the 

exercise of his or her official duties. 

Article 16. Bribery of foreign public officials and officials 

of public international organizations 

1. Each State Party shall adopt such legislative and other measures as 

may be necessary to establish as a criminal offence, when committed intention- 

ally, the promise, offering or giving to a foreign public official or an official of 

a public international organization, directly or indirectly, of an undue advan- 

tage, for the official himself or herself or another person or entity, in order that 

the official act or refrain from acting in the exercise of his or her official duties, 

in order to obtain or retain business or other undue advantage in relation to the 

conduct of international business.

18 

2. Each State Party shall consider adopting such legislative and other 

measures as may be necessary to establish as a criminal offence, when committed 

intentionally, the solicitation or acceptance by a foreign public official or an 

official of a public international organization, directly or indirectly, of an 

undue advantage, for the official himself or herself or another person or entity, 

in order that the official act or refrain from acting in the exercise of his or her 

official duties. 

Article 17. Embezzlement, misappropriation or 

other diversion of property by a public official 

Each State Party shall adopt such legislative and other measures as may be 

necessary to establish as criminal offences, when committed intentionally, the 

embezzlement, misappropriation or other diversion by a public official for his 

or her benefit or for the benefit of another person or entity, of any property, 

public or private funds or securities or any other thing of value entrusted to the 

public official by virtue of his or her position. 

Article 18. Trading in influence 

Each State Party shall consider adopting such legislative and other meas- 

ures as may be necessary to establish as criminal offences, when committed 

intentionally: 

(a) The promise, offering or giving to a public official or any other per- 

son, directly or indirectly, of an undue advantage in order that the public 

official or the person abuse his or her real or supposed influence with a view 

to obtaining from an administration or public authority of the State Party an 

undue advantage for the original instigator of the act or for any other person; 

(b) The solicitation or acceptance by a public official or any other person, 

directly or indirectly, of an undue advantage for himself or herself or for another 

person in order that the public official or the person abuse his or her real or 

supposed influence with a view to obtaining from an administration or public 

authority of the State Party an undue advantage. 

Article 19. Abuse of functions 

Each State Party shall consider adopting such legislative and other meas- 

ures as may be necessary to establish as a criminal offence, when committed 

intentionally, the abuse of functions or position, that is, the performance of or 

failure to perform an act, in violation of laws, by a public official in the

19 

discharge of his or her functions, for the purpose of obtaining an undue advan- 

tage for himself or herself or for another person or entity. 

Article 20. Illicit enrichment 

Subject to its constitution and the fundamental principles of its legal sys- 

tem, each State Party shall consider adopting such legislative and other measures 

as may be necessary to establish as a criminal offence, when committed inten- 

tionally, illicit enrichment, that is, a significant increase in the assets of a public 

official that he or she cannot reasonably explain in relation to his or her lawful 

income. 

Article 21. Bribery in the private sector 

Each State Party shall consider adopting such legislative and other meas- 

ures as may be necessary to establish as criminal offences, when committed 

intentionally in the course of economic, financial or commercial activities: 

(a) The promise, offering or giving, directly or indirectly, of an undue 

advantage to any person who directs or works, in any capacity, for a private 

sector entity, for the person himself or herself or for another person, in order 

that he or she, in breach of his or her duties, act or refrain from acting; 

(b) The solicitation or acceptance, directly or indirectly, of an undue 

advantage by any person who directs or works, in any capacity, for a private 

sector entity, for the person himself or herself or for another person, in order 

that he or she, in breach of his or her duties, act or refrain from acting. 

Article 22. Embezzlement of property in the private sector 

Each State Party shall consider adopting such legislative and other meas- 

ures as may be necessary to establish as a criminal offence, when committed 

intentionally in the course of economic, financial or commercial activities, 

embezzlement by a person who directs or works, in any capacity, in a private 

sector entity of any property, private funds or securities or any other thing of 

value entrusted to him or her by virtue of his or her position. 

Article 23. Laundering of proceeds of crime 

1. Each State Party shall adopt, in accordance with fundamental prin- 

ciples of its domestic law, such legislative and other measures as may be 

necessary to establish as criminal offences, when committed intentionally:

20 

(a) (i) The conversion or transfer of property, knowing that such 

property is the proceeds of crime, for the purpose of concealing 

or disguising the illicit origin of the property or of helping any 

person who is involved in the commission of the predicate 

offence to evade the legal consequences of his or her action; 

(ii) The concealment or disguise of the true nature, source, location, 

disposition, movement or ownership of or rights with respect to 

property, knowing that such property is the proceeds of crime; 

(b) Subject to the basic concepts of its legal system: 

(i) The acquisition, possession or use of property, knowing, at the 

time of receipt, that such property is the proceeds of crime; 

(ii) Participation in, association with or conspiracy to commit, 

attempts to commit and aiding, abetting, facilitating and coun- 

selling the commission of any of the offences established in 

accordance with this article. 

2. For purposes of implementing or applying paragraph 1 of this article: 

(a) Each State Party shall seek to apply paragraph 1 of this article to the 

widest range of predicate offences; 

(b) Each State Party shall include as predicate offences at a minimum a 

comprehensive range of criminal offences established in accordance with this 

Convention; 

(c) For the purposes of subparagraph (b) above, predicate offences shall 

include offences committed both within and outside the jurisdiction of the State 

Party in question. However, offences committed outside the jurisdiction of a 

State Party shall constitute predicate offences only when the relevant conduct is 

a criminal offence under the domestic law of the State where it is committed 

and would be a criminal offence under the domestic law of the State Party 

implementing or applying this article had it been committed there; 

(d) Each State Party shall furnish copies of its laws that give effect to this 

article and of any subsequent changes to such laws or a description thereof to 

the Secretary-General of the United Nations; 

(e) If required by fundamental principles of the domestic law of a State 

Party, it may be provided that the offences set forth in paragraph 1 of this article 

do not apply to the persons who committed the predicate offence. 

Article 24. Concealment 

Without prejudice to the provisions of article 23 of this Convention, each 

State Party shall consider adopting such legislative and other measures as may

21 

be necessary to establish as a criminal offence, when committed intentionally 

after the commission of any of the offences established in accordance with this 

Convention without having participated in such offences, the concealment or 

continued retention of property when the person involved knows that such 

property is the result of any of the offences established in accordance with this 

Convention. 

Article 25. Obstruction of justice 

Each State Party shall adopt such legislative and other measures as may be 

necessary to establish as criminal offences, when committed intentionally: 

(a) The use of physical force, threats or intimidation or the promise, 

offering or giving of an undue advantage to induce false testimony or to inter- 

fere in the giving of testimony or the production of evidence in a proceeding 

in relation to the commission of offences established in accordance with this 

Convention; 

(b) The use of physical force, threats or intimidation to interfere with the 

exercise of official duties by a justice or law enforcement official in relation to 

the commission of offences established in accordance with this Convention. 

Nothing in this subparagraph shall prejudice the right of States Parties to have 

legislation that protects other categories of public official. 

Article 26. Liability of legal persons 

1. Each State Party shall adopt such measures as may be necessary, 

consistent with its legal principles, to establish the liability of legal persons for 

participation in the offences established in accordance with this Convention. 

2. Subject to the legal principles of the State Party, the liability of legal 

persons may be criminal, civil or administrative. 

3. Such liability shall be without prejudice to the criminal liability of the 

natural persons who have committed the offences. 

4. Each State Party shall, in particular, ensure that legal persons 

held liable in accordance with this article are subject to effective, proportionate 

and dissuasive criminal or non-criminal sanctions, including monetary 

sanctions.

22 

Article 27. Participation and attempt 

1. Each State Party shall adopt such legislative and other measures as 

may be necessary to establish as a criminal offence, in accordance with its 

domestic law, participation in any capacity such as an accomplice, assistant or 

instigator in an offence established in accordance with this Convention. 

2. Each State Party may adopt such legislative and other measures as may 

be necessary to establish as a criminal offence, in accordance with its domestic 

law, any attempt to commit an offence established in accordance with this 

Convention. 

3. Each State Party may adopt such legislative and other measures as may 

be necessary to establish as a criminal offence, in accordance with its domestic 

law, the preparation for an offence established in accordance with this 

Convention. 

Article 28. Knowledge, intent and purpose 

as elements of an offence 

Knowledge, intent or purpose required as an element of an offence estab- 

lished in accordance with this Convention may be inferred from objective 

factual circumstances. 

Article 29. Statute of limitations 

Each State Party shall, where appropriate, establish under its domestic law 

a long statute of limitations period in which to commence proceedings for any 

offence established in accordance with this Convention and establish a longer 

statute of limitations period or provide for the suspension of the statute of 

limitations where the alleged offender has evaded the administration of justice. 

Article 30. Prosecution, adjudication and sanctions 

1. Each State Party shall make the commission of an offence established 

in accordance with this Convention liable to sanctions that take into account 

the gravity of that offence. 

2. Each State Party shall take such measures as may be necessary to 

establish or maintain, in accordance with its legal system and constitutional 

principles, an appropriate balance between any immunities or jurisdictional

23 

privileges accorded to its public officials for the performance of their functions 

and the possibility, when necessary, of effectively investigating, prosecuting and 

adjudicating offences established in accordance with this Convention. 

3. Each State Party shall endeavour to ensure that any discretionary legal 

powers under its domestic law relating to the prosecution of persons for offences 

established in accordance with this Convention are exercised to maximize the 

effectiveness of law enforcement measures in respect of those offences and with 

due regard to the need to deter the commission of such offences. 

4. In the case of offences established in accordance with this Conven- 

tion, each State Party shall take appropriate measures, in accordance with its 

domestic law and with due regard to the rights of the defence, to seek to ensure 

that conditions imposed in connection with decisions on release pending trial 

or appeal take into consideration the need to ensure the presence of the defend- 

ant at subsequent criminal proceedings. 

5. Each State Party shall take into account the gravity of the offences 

concerned when considering the eventuality of early release or parole of persons 

convicted of such offences. 

6. Each State Party, to the extent consistent with the fundamental prin- 

ciples of its legal system, shall consider establishing procedures through which 

a public official accused of an offence established in accordance with this Con- 

vention may, where appropriate, be removed, suspended or reassigned by the 

appropriate authority, bearing in mind respect for the principle of the presump- 

tion of innocence. 

7. Where warranted by the gravity of the offence, each State Party, to the 

extent consistent with the fundamental principles of its legal system, shall con- 

sider establishing procedures for the disqualification, by court order or any 

other appropriate means, for a period of time determined by its domestic law, 

of persons convicted of offences established in accordance with this Convention 

from: 

(a) Holding public office; and 

(b) Holding office in an enterprise owned in whole or in part by the 

State. 

8. Paragraph 1 of this article shall be without prejudice to the exercise of 

disciplinary powers by the competent authorities against civil servants. 

9. Nothing contained in this Convention shall affect the principle that 

the description of the offences established in accordance with this Convention

24 

and of the applicable legal defences or other legal principles controlling the 

lawfulness of conduct is reserved to the domestic law of a State Party and that 

such offences shall be prosecuted and punished in accordance with that law. 

10. States Parties shall endeavour to promote the reintegration into society 

of persons convicted of offences established in accordance with this Convention. 

Article 31. Freezing, seizure and confiscation 

1. Each State Party shall take, to the greatest extent possible within its 

domestic legal system, such measures as may be necessary to enable confiscation 

of: 

(a) Proceeds of crime derived from offences established in accordance 

with this Convention or property the value of which corresponds to that of such 

proceeds; 

(b) Property, equipment or other instrumentalities used in or destined for 

use in offences established in accordance with this Convention. 

2. Each State Party shall take such measures as may be necessary to 

enable the identification, tracing, freezing or seizure of any item referred to in 

paragraph 1 of this article for the purpose of eventual confiscation. 

3. Each State Party shall adopt, in accordance with its domestic law, 

such legislative and other measures as may be necessary to regulate the admin- 

istration by the competent authorities of frozen, seized or confiscated property 

covered in paragraphs 1 and 2 of this article. 

4. If such proceeds of crime have been transformed or converted, in part 

or in full, into other property, such property shall be liable to the measures 

referred to in this article instead of the proceeds. 

5. If such proceeds of crime have been intermingled with property ac- 

quired from legitimate sources, such property shall, without prejudice to any 

powers relating to freezing or seizure, be liable to confiscation up to the assessed 

value of the intermingled proceeds. 

6. Income or other benefits derived from such proceeds of crime, from 

property into which such proceeds of crime have been transformed or converted 

or from property with which such proceeds of crime have been intermingled 

shall also be liable to the measures referred to in this article, in the same manner 

and to the same extent as proceeds of crime.

25 

7. For the purpose of this article and article 55 of this Convention, each 

State Party shall empower its courts or other competent authorities to order that 

bank, financial or commercial records be made available or seized. A State Party 

shall not decline to act under the provisions of this paragraph on the ground 

of bank secrecy. 

8. States Parties may consider the possibility of requiring that an of- 

fender demonstrate the lawful origin of such alleged proceeds of crime or other 

property liable to confiscation, to the extent that such a requirement is consist- 

ent with the fundamental principles of their domestic law and with the nature 

of judicial and other proceedings. 

9. The provisions of this article shall not be so construed as to prejudice 

the rights of bona fide third parties. 

10. Nothing contained in this article shall affect the principle that the 

measures to which it refers shall be defined and implemented in accordance 

with and subject to the provisions of the domestic law of a State Party. 

Article 32. Protection of witnesses, experts and victims 

1. Each State Party shall take appropriate measures in accordance with 

its domestic legal system and within its means to provide effective protection 

from potential retaliation or intimidation for witnesses and experts who give 

testimony concerning offences established in accordance with this Convention 

and, as appropriate, for their relatives and other persons close to them. 

2. The measures envisaged in paragraph 1 of this article may include, 

inter alia, without prejudice to the rights of the defendant, including the right 

to due process: 

(a) Establishing procedures for the physical protection of such persons, 

such as, to the extent necessary and feasible, relocating them and permitting, 

where appropriate, non-disclosure or limitations on the disclosure of informa- 

tion concerning the identity and whereabouts of such persons; 

(b) Providing evidentiary rules to permit witnesses and experts to give 

testimony in a manner that ensures the safety of such persons, such as permit- 

ting testimony to be given through the use of communications technology such 

as video or other adequate means. 

3. States Parties shall consider entering into agreements or arrangements 

with other States for the relocation of persons referred to in paragraph 1 of this 

article.

26 

4. The provisions of this article shall also apply to victims insofar as they 

are witnesses. 

5. Each State Party shall, subject to its domestic law, enable the views 

and concerns of victims to be presented and considered at appropriate stages of 

criminal proceedings against offenders in a manner not prejudicial to the rights 

of the defence. 

Article 33. Protection of reporting persons 

Each State Party shall consider incorporating into its domestic legal system 

appropriate measures to provide protection against any unjustified treatment for 

any person who reports in good faith and on reasonable grounds to the com- 

petent authorities any facts concerning offences established in accordance with 

this Convention. 

Article 34. Consequences of acts of corruption 

With due regard to the rights of third parties acquired in good faith, each 

State Party shall take measures, in accordance with the fundamental principles 

of its domestic law, to address consequences of corruption. In this context, 

States Parties may consider corruption a relevant factor in legal proceedings to 

annul or rescind a contract, withdraw a concession or other similar instrument 

or take any other remedial action. 

Article 35. Compensation for damage 

Each State Party shall take such measures as may be necessary, in accord- 

ance with principles of its domestic law, to ensure that entities or persons who 

have suffered damage as a result of an act of corruption have the right to initiate 

legal proceedings against those responsible for that damage in order to obtain 

compensation. 

Article 36. Specialized authorities 

Each State Party shall, in accordance with the fundamental principles of its 

legal system, ensure the existence of a body or bodies or persons specialized in 

combating corruption through law enforcement. Such body or bodies or per- 

sons shall be granted the necessary independence, in accordance with the fun- 

damental principles of the legal system of the State Party, to be able to carry out

27 

their functions effectively and without any undue influence. Such persons or 

staff of such body or bodies should have the appropriate training and resources 

to carry out their tasks. 

Article 37. Cooperation with law enforcement authorities 

1. Each State Party shall take appropriate measures to encourage persons 

who participate or who have participated in the commission of an offence 

established in accordance with this Convention to supply information useful to 

competent authorities for investigative and evidentiary purposes and to provide 

factual, specific help to competent authorities that may contribute to depriving 

offenders of the proceeds of crime and to recovering such proceeds. 

2. Each State Party shall consider providing for the possibility, in appro- 

priate cases, of mitigating punishment of an accused person who provides sub- 

stantial cooperation in the investigation or prosecution of an offence established 

in accordance with this Convention. 

3. Each State Party shall consider providing for the possibility, in ac- 

cordance with fundamental principles of its domestic law, of granting immunity 

from prosecution to a person who provides substantial cooperation in the in- 

vestigation or prosecution of an offence established in accordance with this 

Convention. 

4. Protection of such persons shall be, mutatis mutandis, as provided for 

in article 32 of this Convention. 

5. Where a person referred to in paragraph 1 of this article located in one 

State Party can provide substantial cooperation to the competent authorities of 

another State Party, the States Parties concerned may consider entering into 

agreements or arrangements, in accordance with their domestic law, concerning 

the potential provision by the other State Party of the treatment set forth in 

paragraphs 2 and 3 of this article. 

Article 38. Cooperation between national authorities 

Each State Party shall take such measures as may be necessary to encourage, 

in accordance with its domestic law, cooperation between, on the one hand, its 

public authorities, as well as its public officials, and, on the other hand, its 

authorities responsible for investigating and prosecuting criminal offences. Such 

cooperation may include:

28 

(a) Informing the latter authorities, on their own initiative, where there 

are reasonable grounds to believe that any of the offences established in accord- 

ance with articles 15, 21 and 23 of this Convention has been committed; or 

(b) Providing, upon request, to the latter authorities all necessary infor- 

mation. 

Article 39. Cooperation between national authorities 

and the private sector 

1. Each State Party shall take such measures as may be necessary to 

encourage, in accordance with its domestic law, cooperation between national 

investigating and prosecuting authorities and entities of the private sector, in 

particular financial institutions, relating to matters involving the commission of 

offences established in accordance with this Convention. 

2. Each State Party shall consider encouraging its nationals and other 

persons with a habitual residence in its territory to report to the national inves- 

tigating and prosecuting authorities the commission of an offence established in 

accordance with this Convention. 

Article 40. Bank secrecy 

Each State Party shall ensure that, in the case of domestic criminal inves- 

tigations of offences established in accordance with this Convention, there are 

appropriate mechanisms available within its domestic legal system to overcome 

obstacles that may arise out of the application of bank secrecy laws. 

Article 41. Criminal record 

Each State Party may adopt such legislative or other measures as may be 

necessary to take into consideration, under such terms as and for the purpose 

that it deems appropriate, any previous conviction in another State of an alleged 

offender for the purpose of using such information in criminal proceedings 

relating to an offence established in accordance with this Convention. 

Article 42. Jurisdiction 

1. Each State Party shall adopt such measures as may be necessary to 

establish its jurisdiction over the offences established in accordance with this 

Convention when:

29 

(a) The offence is committed in the territory of that State Party; or 

(b) The offence is committed on board a vessel that is flying the flag of 

that State Party or an aircraft that is registered under the laws of that State Party 

at the time that the offence is committed. 

2. Subject to article 4 of this Convention, a State Party may also estab- 

lish its jurisdiction over any such offence when: 

(a) The offence is committed against a national of that State Party; or 

(b) The offence is committed by a national of that State Party or a state- 

less person who has his or her habitual residence in its territory; or 

(c) The offence is one of those established in accordance with article 23, 

paragraph 1 (b) (ii), of this Convention and is committed outside its territory 

with a view to the commission of an offence established in accordance with 

article 23, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its 

territory; or 

(d) The offence is committed against the State Party. 

3. For the purposes of article 44 of this Convention, each State Party 

shall take such measures as may be necessary to establish its jurisdiction over the 

offences established in accordance with this Convention when the alleged 

offender is present in its territory and it does not extradite such person solely 

on the ground that he or she is one of its nationals. 

4. Each State Party may also take such measures as may be necessary to 

establish its jurisdiction over the offences established in accordance with this 

Convention when the alleged offender is present in its territory and it does not 

extradite him or her. 

5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of 

this article has been notified, or has otherwise learned, that any other States 

Parties are conducting an investigation, prosecution or judicial proceeding in 

respect of the same conduct, the competent authorities of those States Parties 

shall, as appropriate, consult one another with a view to coordinating their 

actions. 

6. Without prejudice to norms of general international law, this Con- 

vention shall not exclude the exercise of any criminal jurisdiction established by 

a State Party in accordance with its domestic law.

30 

Chapter IV 

International cooperation 

Article 43. International cooperation 

1. States Parties shall cooperate in criminal matters in accordance with 

articles 44 to 50 of this Convention. Where appropriate and consistent with 

their domestic legal system, States Parties shall consider assisting each other in 

investigations of and proceedings in civil and administrative matters relating to 

corruption. 

2. In matters of international cooperation, whenever dual criminality is 

considered a requirement, it shall be deemed fulfilled irrespective of whether the 

laws of the requested State Party place the offence within the same category of 

offence or denominate the offence by the same terminology as the requesting 

State Party, if the conduct underlying the offence for which assistance is sought 

is a criminal offence under the laws of both States Parties. 

Article 44. Extradition 

1. This article shall apply to the offences established in accordance with 

this Convention where the person who is the subject of the request for extra- 

dition is present in the territory of the requested State Party, provided that the 

offence for which extradition is sought is punishable under the domestic law of 

both the requesting State Party and the requested State Party. 

2. Notwithstanding the provisions of paragraph 1 of this article, a State 

Party whose law so permits may grant the extradition of a person for any of the 

offences covered by this Convention that are not punishable under its own 

domestic law. 

3. If the request for extradition includes several separate offences, at least 

one of which is extraditable under this article and some of which are not 

extraditable by reason of their period of imprisonment but are related to of- 

fences established in accordance with this Convention, the requested State Party 

may apply this article also in respect of those offences. 

4. Each of the offences to which this article applies shall be deemed to 

be included as an extraditable offence in any extradition treaty existing between 

States Parties. States Parties undertake to include such offences as extraditable 

offences in every extradition treaty to be concluded between them. A State Party 

whose law so permits, in case it uses this Convention as the basis for extradition,

31 

shall not consider any of the offences established in accordance with this Con- 

vention to be a political offence. 

5. If a State Party that makes extradition conditional on the existence of 

a treaty receives a request for extradition from another State Party with which 

it has no extradition treaty, it may consider this Convention the legal basis for 

extradition in respect of any offence to which this article applies. 

6. A State Party that makes extradition conditional on the existence of 

a treaty shall: 

(a) At the time of deposit of its instrument of ratification, acceptance or 

approval of or accession to this Convention, inform the Secretary-General of the 

United Nations whether it will take this Convention as the legal basis for 

cooperation on extradition with other States Parties to this Convention; and 

(b) If it does not take this Convention as the legal basis for cooperation 

on extradition, seek, where appropriate, to conclude treaties on extradition with 

other States Parties to this Convention in order to implement this article. 

7. States Parties that do not make extradition conditional on the exist- 

ence of a treaty shall recognize offences to which this article applies as extradit- 

able offences between themselves. 

8. Extradition shall be subject to the conditions provided for by the 

domestic law of the requested State Party or by applicable extradition treaties, 

including, inter alia, conditions in relation to the minimum penalty require- 

ment for extradition and the grounds upon which the requested State Party may 

refuse extradition. 

9. States Parties shall, subject to their domestic law, endeavour to expe- 

dite extradition procedures and to simplify evidentiary requirements relating 

thereto in respect of any offence to which this article applies. 

10. Subject to the provisions of its domestic law and its extradition trea- 

ties, the requested State Party may, upon being satisfied that the circumstances 

so warrant and are urgent and at the request of the requesting State Party, take 

a person whose extradition is sought and who is present in its territory into 

custody or take other appropriate measures to ensure his or her presence at 

extradition proceedings. 

11. A State Party in whose territory an alleged offender is found, if it does 

not extradite such person in respect of an offence to which this article applies

32 

solely on the ground that he or she is one of its nationals, shall, at the request 

of the State Party seeking extradition, be obliged to submit the case without 

undue delay to its competent authorities for the purpose of prosecution. Those 

authorities shall take their decision and conduct their proceedings in the same 

manner as in the case of any other offence of a grave nature under the domestic 

law of that State Party. The States Parties concerned shall cooperate with each 

other, in particular on procedural and evidentiary aspects, to ensure the 

efficiency of such prosecution. 

12. Whenever a State Party is permitted under its domestic law to extra- 

dite or otherwise surrender one of its nationals only upon the condition that the 

person will be returned to that State Party to serve the sentence imposed as a 

result of the trial or proceedings for which the extradition or surrender of the 

person was sought and that State Party and the State Party seeking the extra- 

dition of the person agree with this option and other terms that they may deem 

appropriate, such conditional extradition or surrender shall be sufficient to 

discharge the obligation set forth in paragraph 11 of this article. 

13. If extradition, sought for purposes of enforcing a sentence, is refused 

because the person sought is a national of the requested State Party, the re- 

quested State Party shall, if its domestic law so permits and in conformity with 

the requirements of such law, upon application of the requesting State Party, 

consider the enforcement of the sentence imposed under the domestic law of the 

requesting State Party or the remainder thereof. 

14. Any person regarding whom proceedings are being carried out in 

connection with any of the offences to which this article applies shall be 

guaranteed fair treatment at all stages of the proceedings, including enjoyment 

of all the rights and guarantees provided by the domestic law of the State Party 

in the territory of which that person is present. 

15. Nothing in this Convention shall be interpreted as imposing an ob- 

ligation to extradite if the requested State Party has substantial grounds for 

believing that the request has been made for the purpose of prosecuting or 

punishing a person on account of that person’s sex, race, religion, nationality, 

ethnic origin or political opinions or that compliance with the request would 

cause prejudice to that person’s position for any one of these reasons. 

16. States Parties may not refuse a request for extradition on the sole 

ground that the offence is also considered to involve fiscal matters. 

17. Before refusing extradition, the requested State Party shall, where 

appropriate, consult with the requesting State Party to provide it with ample

33 

opportunity to present its opinions and to provide information relevant to its 

allegation. 

18. States Parties shall seek to conclude bilateral and multilateral 

agreements or arrangements to carry out or to enhance the effectiveness of 

extradition. 

Article 45. Transfer of sentenced persons 

States Parties may consider entering into bilateral or multilateral agree- 

ments or arrangements on the transfer to their territory of persons sentenced to 

imprisonment or other forms of deprivation of liberty for offences established 

in accordance with this Convention in order that they may complete their 

sentences there. 

Article 46. Mutual legal assistance 

1. States Parties shall afford one another the widest measure of mutual 

legal assistance in investigations, prosecutions and judicial proceedings in rela- 

tion to the offences covered by this Convention. 

2. Mutual legal assistance shall be afforded to the fullest extent possible 

under relevant laws, treaties, agreements and arrangements of the requested 

State Party with respect to investigations, prosecutions and judicial proceedings 

in relation to the offences for which a legal person may be held liable in 

accordance with article 26 of this Convention in the requesting State Party. 

3. Mutual legal assistance to be afforded in accordance with this article 

may be requested for any of the following purposes: 

(a) Taking evidence or statements from persons; 

(b) Effecting service of judicial documents; 

(c) Executing searches and seizures, and freezing; 

(d) Examining objects and sites; 

(e) Providing information, evidentiary items and expert evaluations; 

(f) Providing originals or certified copies of relevant documents and 

records, including government, bank, financial, corporate or business records; 

(g) Identifying or tracing proceeds of crime, property, instrumentalities or 

other things for evidentiary purposes; 

(h) Facilitating the voluntary appearance of persons in the requesting 

State Party;

34 

(i) Any other type of assistance that is not contrary to the domestic law 

of the requested State Party; 

(j) Identifying, freezing and tracing proceeds of crime in accordance with 

the provisions of chapter V of this Convention; 

(k) The recovery of assets, in accordance with the provisions of chapter V 

of this Convention. 

4. Without prejudice to domestic law, the competent authorities of a 

State Party may, without prior request, transmit information relating to crimi- 

nal matters to a competent authority in another State Party where they believe 

that such information could assist the authority in undertaking or successfully 

concluding inquiries and criminal proceedings or could result in a request for- 

mulated by the latter State Party pursuant to this Convention. 

5. The transmission of information pursuant to paragraph 4 of this ar- 

ticle shall be without prejudice to inquiries and criminal proceedings in the 

State of the competent authorities providing the information. The competent 

authorities receiving the information shall comply with a request that said in- 

formation remain confidential, even temporarily, or with restrictions on its use. 

However, this shall not prevent the receiving State Party from disclosing in its 

proceedings information that is exculpatory to an accused person. In such a 

case, the receiving State Party shall notify the transmitting State Party prior to 

the disclosure and, if so requested, consult with the transmitting State Party. If, 

in an exceptional case, advance notice is not possible, the receiving State Party 

shall inform the transmitting State Party of the disclosure without delay. 

6. The provisions of this article shall not affect the obligations under any 

other treaty, bilateral or multilateral, that governs or will govern, in whole or 

in part, mutual legal assistance. 

7. Paragraphs 9 to 29 of this article shall apply to requests made pursu- 

ant to this article if the States Parties in question are not bound by a treaty of 

mutual legal assistance. If those States Parties are bound by such a treaty, the 

corresponding provisions of that treaty shall apply unless the States Parties agree 

to apply paragraphs 9 to 29 of this article in lieu thereof. States Parties are 

strongly encouraged to apply those paragraphs if they facilitate cooperation. 

8. States Parties shall not decline to render mutual legal assistance pur- 

suant to this article on the ground of bank secrecy. 

9. (a) A requested State Party, in responding to a request for assistance 

pursuant to this article in the absence of dual criminality, shall take into account 

the purposes of this Convention, as set forth in article 1;

35 

(b) States Parties may decline to render assistance pursuant to this article 

on the ground of absence of dual criminality. However, a requested State Party 

shall, where consistent with the basic concepts of its legal system, render 

assistance that does not involve coercive action. Such assistance may be refused 

when requests involve matters of a de minimis nature or matters for which the 

cooperation or assistance sought is available under other provisions of this 

Convention; 

(c) Each State Party may consider adopting such measures as may be 

necessary to enable it to provide a wider scope of assistance pursuant to this 

article in the absence of dual criminality. 

10. A person who is being detained or is serving a sentence in the terri- 

tory of one State Party whose presence in another State Party is requested for 

purposes of identification, testimony or otherwise providing assistance in ob- 

taining evidence for investigations, prosecutions or judicial proceedings in rela- 

tion to offences covered by this Convention may be transferred if the following 

conditions are met: 

(a) The person freely gives his or her informed consent; 

(b) The competent authorities of both States Parties agree, subject to such 

conditions as those States Parties may deem appropriate. 

11. For the purposes of paragraph 10 of this article: 

(a) The State Party to which the person is transferred shall have the 

authority and obligation to keep the person transferred in custody, unless other- 

wise requested or authorized by the State Party from which the person was 

transferred; 

(b) The State Party to which the person is transferred shall without delay 

implement its obligation to return the person to the custody of the State Party 

from which the person was transferred as agreed beforehand, or as otherwise 

agreed, by the competent authorities of both States Parties; 

(c) The State Party to which the person is transferred shall not require the 

State Party from which the person was transferred to initiate extradition pro- 

ceedings for the return of the person; 

(d) The person transferred shall receive credit for service of the sentence 

being served in the State from which he or she was transferred for time spent 

in the custody of the State Party to which he or she was transferred. 

12. Unless the State Party from which a person is to be transferred in 

accordance with paragraphs 10 and 11 of this article so agrees, that person, 

whatever his or her nationality, shall not be prosecuted, detained, punished or 

subjected to any other restriction of his or her personal liberty in the territory

36 

of the State to which that person is transferred in respect of acts, omissions or 

convictions prior to his or her departure from the territory of the State from 

which he or she was transferred. 

13. Each State Party shall designate a central authority that shall have the 

responsibility and power to receive requests for mutual legal assistance and 

either to execute them or to transmit them to the competent authorities for 

execution. Where a State Party has a special region or territory with a separate 

system of mutual legal assistance, it may designate a distinct central authority 

that shall have the same function for that region or territory. Central authorities 

shall ensure the speedy and proper execution or transmission of the requests 

received. Where the central authority transmits the request to a competent 

authority for execution, it shall encourage the speedy and proper execution of 

the request by the competent authority. The Secretary-General of the United 

Nations shall be notified of the central authority designated for this purpose at 

the time each State Party deposits its instrument of ratification, acceptance or 

approval of or accession to this Convention. Requests for mutual legal assistance 

and any communication related thereto shall be transmitted to the central au- 

thorities designated by the States Parties. This requirement shall be without 

prejudice to the right of a State Party to require that such requests and com- 

munications be addressed to it through diplomatic channels and, in urgent 

circumstances, where the States Parties agree, through the International Crimi- 

nal Police Organization, if possible. 

14. Requests shall be made in writing or, where possible, by any means 

capable of producing a written record, in a language acceptable to the requested 

State Party, under conditions allowing that State Party to establish authenticity. 

The Secretary-General of the United Nations shall be notified of the language 

or languages acceptable to each State Party at the time it deposits its instrument 

of ratification, acceptance or approval of or accession to this Convention. In 

urgent circumstances and where agreed by the States Parties, requests may be 

made orally but shall be confirmed in writing forthwith. 

15. A request for mutual legal assistance shall contain: 

(a) The identity of the authority making the request; 

(b) The subject matter and nature of the investigation, prosecution or 

judicial proceeding to which the request relates and the name and functions of 

the authority conducting the investigation, prosecution or judicial proceeding; 

(c) A summary of the relevant facts, except in relation to requests for the 

purpose of service of judicial documents; 

(d) A description of the assistance sought and details of any particular 

procedure that the requesting State Party wishes to be followed;

37 

(e) Where possible, the identity, location and nationality of any person 

concerned; and 

(f) The purpose for which the evidence, information or action is sought. 

16. The requested State Party may request additional information when 

it appears necessary for the execution of the request in accordance with its 

domestic law or when it can facilitate such execution. 

17. A request shall be executed in accordance with the domestic law of 

the requested State Party and, to the extent not contrary to the domestic law 

of the requested State Party and where possible, in accordance with the pro- 

cedures specified in the request. 

18. Wherever possible and consistent with fundamental principles of 

domestic law, when an individual is in the territory of a State Party and has to 

be heard as a witness or expert by the judicial authorities of another State Party, 

the first State Party may, at the request of the other, permit the hearing to take 

place by video conference if it is not possible or desirable for the individual in 

question to appear in person in the territory of the requesting State Party. States 

Parties may agree that the hearing shall be conducted by a judicial authority of 

the requesting State Party and attended by a judicial authority of the requested 

State Party. 

19. The requesting State Party shall not transmit or use information or 

evidence furnished by the requested State Party for investigations, prosecutions 

or judicial proceedings other than those stated in the request without the prior 

consent of the requested State Party. Nothing in this paragraph shall prevent the 

requesting State Party from disclosing in its proceedings information or evi- 

dence that is exculpatory to an accused person. In the latter case, the requesting 

State Party shall notify the requested State Party prior to the disclosure and, if 

so requested, consult with the requested State Party. If, in an exceptional case, 

advance notice is not possible, the requesting State Party shall inform the 

requested State Party of the disclosure without delay. 

20. The requesting State Party may require that the requested State Party 

keep confidential the fact and substance of the request, except to the extent 

necessary to execute the request. If the requested State Party cannot comply 

with the requirement of confidentiality, it shall promptly inform the requesting 

State Party. 

21. Mutual legal assistance may be refused: 

(a) If the request is not made in conformity with the provisions of this 

article;

38 

(b) If the requested State Party considers that execution of the request 

is likely to prejudice its sovereignty, security, ordre public or other essential 

interests; 

(c) If the authorities of the requested State Party would be prohibited by 

its domestic law from carrying out the action requested with regard to any 

similar offence, had it been subject to investigation, prosecution or judicial 

proceedings under their own jurisdiction; 

(d) If it would be contrary to the legal system of the requested State Party 

relating to mutual legal assistance for the request to be granted. 

22. States Parties may not refuse a request for mutual legal assistance on 

the sole ground that the offence is also considered to involve fiscal matters. 

23. Reasons shall be given for any refusal of mutual legal assistance. 

24. The requested State Party shall execute the request for mutual legal 

assistance as soon as possible and shall take as full account as possible of any 

deadlines suggested by the requesting State Party and for which reasons are 

given, preferably in the request. The requesting State Party may make reason- 

able requests for information on the status and progress of measures taken by 

the requested State Party to satisfy its request. The requested State Party shall 

respond to reasonable requests by the requesting State Party on the status, and 

progress in its handling, of the request. The requesting State Party shall 

promptly inform the requested State Party when the assistance sought is no 

longer required. 

25. Mutual legal assistance may be postponed by the requested State 

Party on the ground that it interferes with an ongoing investigation, prosecution 

or judicial proceeding. 

26. Before refusing a request pursuant to paragraph 21 of this article or 

postponing its execution pursuant to paragraph 25 of this article, the requested 

State Party shall consult with the requesting State Party to consider whether 

assistance may be granted subject to such terms and conditions as it deems 

necessary. If the requesting State Party accepts assistance subject to those con- 

ditions, it shall comply with the conditions. 

27. Without prejudice to the application of paragraph 12 of this article, 

a witness, expert or other person who, at the request of the requesting State 

Party, consents to give evidence in a proceeding or to assist in an investigation, 

prosecution or judicial proceeding in the territory of the requesting State Party 

shall not be prosecuted, detained, punished or subjected to any other restriction 

of his or her personal liberty in that territory in respect of acts, omissions or

39 

convictions prior to his or her departure from the territory of the requested 

State Party. Such safe conduct shall cease when the witness, expert or other 

person having had, for a period of fifteen consecutive days or for any period 

agreed upon by the States Parties from the date on which he or she has been 

officially informed that his or her presence is no longer required by the judicial 

authorities, an opportunity of leaving, has nevertheless remained voluntarily in 

the territory of the requesting State Party or, having left it, has returned of his 

or her own free will. 

28. The ordinary costs of executing a request shall be borne by the re- 

quested State Party, unless otherwise agreed by the States Parties concerned. If 

expenses of a substantial or extraordinary nature are or will be required to fulfil 

the request, the States Parties shall consult to determine the terms and condi- 

tions under which the request will be executed, as well as the manner in which 

the costs shall be borne. 

29. The requested State Party: 

(a) Shall provide to the requesting State Party copies of government 

records, documents or information in its possession that under its domestic law 

are available to the general public; 

(b) May, at its discretion, provide to the requesting State Party in whole, 

in part or subject to such conditions as it deems appropriate, copies of any 

government records, documents or information in its possession that under its 

domestic law are not available to the general public. 

30. States Parties shall consider, as may be necessary, the possibility of 

concluding bilateral or multilateral agreements or arrangements that would serve 

the purposes of, give practical effect to or enhance the provisions of this article. 

Article 47. Transfer of criminal proceedings 

States Parties shall consider the possibility of transferring to one another 

proceedings for the prosecution of an offence established in accordance with 

this Convention in cases where such transfer is considered to be in the interests 

of the proper administration of justice, in particular in cases where several 

jurisdictions are involved, with a view to concentrating the prosecution. 

Article 48. Law enforcement cooperation 

1. States Parties shall cooperate closely with one another, consistent with 

their respective domestic legal and administrative systems, to enhance the

40 

effectiveness of law enforcement action to combat the offences covered by this 

Convention. States Parties shall, in particular, take effective measures: 

(a) To enhance and, where necessary, to establish channels of communi- 

cation between their competent authorities, agencies and services in order to 

facilitate the secure and rapid exchange of information concerning all aspects of 

the offences covered by this Convention, including, if the States Parties con- 

cerned deem it appropriate, links with other criminal activities; 

(b) To cooperate with other States Parties in conducting inquiries with 

respect to offences covered by this Convention concerning: 

(i) The identity, whereabouts and activities of persons suspected of 

involvement in such offences or the location of other persons 

concerned; 

(ii) The movement of proceeds of crime or property derived from 

the commission of such offences; 

(iii) The movement of property, equipment or other 

instrumentalities used or intended for use in the commission of 

such offences; 

(c) To provide, where appropriate, necessary items or quantities of sub- 

stances for analytical or investigative purposes; 

(d) To exchange, where appropriate, information with other States Parties 

concerning specific means and methods used to commit offences covered by 

this Convention, including the use of false identities, forged, altered or false 

documents and other means of concealing activities; 

(e) To facilitate effective coordination between their competent authori- 

ties, agencies and services and to promote the exchange of personnel and other 

experts, including, subject to bilateral agreements or arrangements between the 

States Parties concerned, the posting of liaison officers; 

(f) To exchange information and coordinate administrative and other 

measures taken as appropriate for the purpose of early identification of the 

offences covered by this Convention. 

2. With a view to giving effect to this Convention, States Parties shall 

consider entering into bilateral or multilateral agreements or arrangements on 

direct cooperation between their law enforcement agencies and, where such 

agreements or arrangements already exist, amending them. In the absence of 

such agreements or arrangements between the States Parties concerned, the 

States Parties may consider this Convention to be the basis for mutual law 

enforcement cooperation in respect of the offences covered by this Convention. 

Whenever appropriate, States Parties shall make full use of agreements or 

arrangements, including international or regional organizations, to enhance the 

cooperation between their law enforcement agencies.

41 

3. States Parties shall endeavour to cooperate within their means to re- 

spond to offences covered by this Convention committed through the use of 

modern technology. 

Article 49. Joint investigations 

States Parties shall consider concluding bilateral or multilateral agreements 

or arrangements whereby, in relation to matters that are the subject of investi- 

gations, prosecutions or judicial proceedings in one or more States, the compe- 

tent authorities concerned may establish joint investigative bodies. In the ab- 

sence of such agreements or arrangements, joint investigations may be 

undertaken by agreement on a case-by-case basis. The States Parties involved 

shall ensure that the sovereignty of the State Party in whose territory such 

investigation is to take place is fully respected. 

Article 50. Special investigative techniques 

1. In order to combat corruption effectively, each State Party shall, to the 

extent permitted by the basic principles of its domestic legal system and in 

accordance with the conditions prescribed by its domestic law, take such meas- 

ures as may be necessary, within its means, to allow for the appropriate use by 

its competent authorities of controlled delivery and, where it deems appropriate, 

other special investigative techniques, such as electronic or other forms of sur- 

veillance and undercover operations, within its territory, and to allow for the 

admissibility in court of evidence derived therefrom. 

2. For the purpose of investigating the offences covered by this Conven- 

tion, States Parties are encouraged to conclude, when necessary, appropriate 

bilateral or multilateral agreements or arrangements for using such special inves- 

tigative techniques in the context of cooperation at the international level. Such 

agreements or arrangements shall be concluded and implemented in full com- 

pliance with the principle of sovereign equality of States and shall be carried out 

strictly in accordance with the terms of those agreements or arrangements. 

3. In the absence of an agreement or arrangement as set forth in para- 

graph 2 of this article, decisions to use such special investigative techniques at 

the international level shall be made on a case-by-case basis and may, when 

necessary, take into consideration financial arrangements and understandings 

with respect to the exercise of jurisdiction by the States Parties concerned. 

4. Decisions to use controlled delivery at the international level may, 

with the consent of the States Parties concerned, include methods such as 

intercepting and allowing the goods or funds to continue intact or be removed 

or replaced in whole or in part.

42 

Chapter V 

Asset recovery 

Article 51. General provision 

The return of assets pursuant to this chapter is a fundamental principle of 

this Convention, and States Parties shall afford one another the widest measure 

of cooperation and assistance in this regard. 

Article 52. Prevention and detection of transfers 

of proceeds of crime 

1. Without prejudice to article 14 of this Convention, each State Party 

shall take such measures as may be necessary, in accordance with its domestic 

law, to require financial institutions within its jurisdiction to verify the identity 

of customers, to take reasonable steps to determine the identity of beneficial 

owners of funds deposited into high-value accounts and to conduct enhanced 

scrutiny of accounts sought or maintained by or on behalf of individuals who 

are, or have been, entrusted with prominent public functions and their family 

members and close associates. Such enhanced scrutiny shall be reasonably de- 

signed to detect suspicious transactions for the purpose of reporting to compe- 

tent authorities and should not be so construed as to discourage or prohibit 

financial institutions from doing business with any legitimate customer. 

2. In order to facilitate implementation of the measures provided for in 

paragraph 1 of this article, each State Party, in accordance with its domestic law 

and inspired by relevant initiatives of regional, interregional and multilateral 

organizations against money-laundering, shall: 

(a) Issue advisories regarding the types of natural or legal person to whose 

accounts financial institutions within its jurisdiction will be expected to apply 

enhanced scrutiny, the types of accounts and transactions to which to pay 

particular attention and appropriate account-opening, maintenance and record- 

keeping measures to take concerning such accounts; and 

(b) Where appropriate, notify financial institutions within its jurisdiction, 

at the request of another State Party or on its own initiative, of the identity of 

particular natural or legal persons to whose accounts such institutions will be 

expected to apply enhanced scrutiny, in addition to those whom the financial 

institutions may otherwise identify. 

3. In the context of paragraph 2 (a) of this article, each State Party shall 

implement measures to ensure that its financial institutions maintain adequate

43 

records, over an appropriate period of time, of accounts and transactions involv- 

ing the persons mentioned in paragraph 1 of this article, which should, as a 

minimum, contain information relating to the identity of the customer as well 

as, as far as possible, of the beneficial owner. 

4. With the aim of preventing and detecting transfers of proceeds of 

offences established in accordance with this Convention, each State Party shall 

implement appropriate and effective measures to prevent, with the help of its 

regulatory and oversight bodies, the establishment of banks that have no physi- 

cal presence and that are not affiliated with a regulated financial group. More- 

over, States Parties may consider requiring their financial institutions to refuse 

to enter into or continue a correspondent banking relationship with such insti- 

tutions and to guard against establishing relations with foreign financial insti- 

tutions that permit their accounts to be used by banks that have no physical 

presence and that are not affiliated with a regulated financial group. 

5. Each State Party shall consider establishing, in accordance with its 

domestic law, effective financial disclosure systems for appropriate public offi- 

cials and shall provide for appropriate sanctions for non-compliance. Each State 

Party shall also consider taking such measures as may be necessary to permit its 

competent authorities to share that information with the competent authorities 

in other States Parties when necessary to investigate, claim and recover proceeds 

of offences established in accordance with this Convention. 

6. Each State Party shall consider taking such measures as may be nec- 

essary, in accordance with its domestic law, to require appropriate public offi- 

cials having an interest in or signature or other authority over a financial ac- 

count in a foreign country to report that relationship to appropriate authorities 

and to maintain appropriate records related to such accounts. Such measures 

shall also provide for appropriate sanctions for non-compliance. 

Article 53. Measures for direct recovery of property 

Each State Party shall, in accordance with its domestic law: 

(a) Take such measures as may be necessary to permit another State Party 

to initiate civil action in its courts to establish title to or ownership of property 

acquired through the commission of an offence established in accordance with 

this Convention; 

(b) Take such measures as may be necessary to permit its courts to order 

those who have committed offences established in accordance with this Conven- 

tion to pay compensation or damages to another State Party that has been 

harmed by such offences; and

44 

(c) Take such measures as may be necessary to permit its courts or com- 

petent authorities, when having to decide on confiscation, to recognize another 

State Party’s claim as a legitimate owner of property acquired through the 

commission of an offence established in accordance with this Convention. 

Article 54. Mechanisms for recovery of property through 

international cooperation in confiscation 

1. Each State Party, in order to provide mutual legal assistance pursuant 

to article 55 of this Convention with respect to property acquired through or 

involved in the commission of an offence established in accordance with this 

Convention, shall, in accordance with its domestic law: 

(a) Take such measures as may be necessary to permit its competent 

authorities to give effect to an order of confiscation issued by a court of another 

State Party; 

(b) Take such measures as may be necessary to permit its competent 

authorities, where they have jurisdiction, to order the confiscation of such 

property of foreign origin by adjudication of an offence of money-laundering 

or such other offence as may be within its jurisdiction or by other procedures 

authorized under its domestic law; and 

(c) Consider taking such measures as may be necessary to allow confisca- 

tion of such property without a criminal conviction in cases in which the 

offender cannot be prosecuted by reason of death, flight or absence or in other 

appropriate cases. 

2. Each State Party, in order to provide mutual legal assistance upon a 

request made pursuant to paragraph 2 of article 55 of this Convention, shall, in 

accordance with its domestic law: 

(a) Take such measures as may be necessary to permit its competent 

authorities to freeze or seize property upon a freezing or seizure order issued by 

a court or competent authority of a requesting State Party that provides a 

reasonable basis for the requested State Party to believe that there are sufficient 

grounds for taking such actions and that the property would eventually be 

subject to an order of confiscation for purposes of paragraph 1 (a) of this article; 

(b) Take such measures as may be necessary to permit its competent 

authorities to freeze or seize property upon a request that provides a reasonable 

basis for the requested State Party to believe that there are sufficient grounds for 

taking such actions and that the property would eventually be subject to an 

order of confiscation for purposes of paragraph 1 (a) of this article; and

45 

(c) Consider taking additional measures to permit its competent authori- 

ties to preserve property for confiscation, such as on the basis of a foreign arrest 

or criminal charge related to the acquisition of such property. 

Article 55. International cooperation for 

purposes of confiscation 

1. A State Party that has received a request from another State Party 

having jurisdiction over an offence established in accordance with this Conven- 

tion for confiscation of proceeds of crime, property, equipment or other 

instrumentalities referred to in article 31, paragraph 1, of this Convention 

situated in its territory shall, to the greatest extent possible within its domestic 

legal system: 

(a) Submit the request to its competent authorities for the purpose of 

obtaining an order of confiscation and, if such an order is granted, give effect 

to it; or 

(b) Submit to its competent authorities, with a view to giving effect to it 

to the extent requested, an order of confiscation issued by a court in the terri- 

tory of the requesting State Party in accordance with articles 31, paragraph 1, 

and 54, paragraph 1 (a), of this Convention insofar as it relates to proceeds of 

crime, property, equipment or other instrumentalities referred to in article 31, 

paragraph 1, situated in the territory of the requested State Party. 

2. Following a request made by another State Party having jurisdiction 

over an offence established in accordance with this Convention, the requested 

State Party shall take measures to identify, trace and freeze or seize proceeds of 

crime, property, equipment or other instrumentalities referred to in article 31, 

paragraph 1, of this Convention for the purpose of eventual confiscation to be 

ordered either by the requesting State Party or, pursuant to a request under 

paragraph 1 of this article, by the requested State Party. 

3. The provisions of article 46 of this Convention are applicable, mutatis 

mutandis, to this article. In addition to the information specified in article 46, 

paragraph 15, requests made pursuant to this article shall contain: 

(a) In the case of a request pertaining to paragraph 1 (a) of this article, a 

description of the property to be confiscated, including, to the extent possible, 

the location and, where relevant, the estimated value of the property and a 

statement of the facts relied upon by the requesting State Party sufficient to 

enable the requested State Party to seek the order under its domestic law; 

(b) In the case of a request pertaining to paragraph 1 (b) of this article, a 

legally admissible copy of an order of confiscation upon which the request is

46 

based issued by the requesting State Party, a statement of the facts and infor- 

mation as to the extent to which execution of the order is requested, a statement 

specifying the measures taken by the requesting State Party to provide adequate 

notification to bona fide third parties and to ensure due process and a statement 

that the confiscation order is final; 

(c) In the case of a request pertaining to paragraph 2 of this article, a 

statement of the facts relied upon by the requesting State Party and a descrip- 

tion of the actions requested and, where available, a legally admissible copy of 

an order on which the request is based. 

4. The decisions or actions provided for in paragraphs 1 and 2 of this 

article shall be taken by the requested State Party in accordance with and subject 

to the provisions of its domestic law and its procedural rules or any bilateral or 

multilateral agreement or arrangement to which it may be bound in relation to 

the requesting State Party. 

5. Each State Party shall furnish copies of its laws and regulations that 

give effect to this article and of any subsequent changes to such laws and 

regulations or a description thereof to the Secretary-General of the United 

Nations. 

6. If a State Party elects to make the taking of the measures referred to 

in paragraphs 1 and 2 of this article conditional on the existence of a relevant 

treaty, that State Party shall consider this Convention the necessary and suffi- 

cient treaty basis. 

7. Cooperation under this article may also be refused or provisional 

measures lifted if the requested State Party does not receive sufficient and timely 

evidence or if the property is of a de minimis value. 

8. Before lifting any provisional measure taken pursuant to this article, 

the requested State Party shall, wherever possible, give the requesting State Party 

an opportunity to present its reasons in favour of continuing the measure. 

9. The provisions of this article shall not be construed as prejudicing the 

rights of bona fide third parties. 

Article 56. Special cooperation 

Without prejudice to its domestic law, each State Party shall endeavour to 

take measures to permit it to forward, without prejudice to its own investiga- 

tions, prosecutions or judicial proceedings, information on proceeds of offences

47 

established in accordance with this Convention to another State Party without 

prior request, when it considers that the disclosure of such information might 

assist the receiving State Party in initiating or carrying out investigations, pros- 

ecutions or judicial proceedings or might lead to a request by that State Party 

under this chapter of the Convention. 

Article 57. Return and disposal of assets 

1.  Property confiscated by a State Party pursuant to article 31 or 55 of 

this Convention shall be disposed of, including by return to its prior legitimate 

owners, pursuant to paragraph 3 of this article, by that State Party in accordance 

with the provisions of this Convention and its domestic law. 

2. Each State Party shall adopt such legislative and other measures, in 

accordance with the fundamental principles of its domestic law, as may be 

necessary to enable its competent authorities to return confiscated property, 

when acting on the request made by another State Party, in accordance with this 

Convention, taking into account the rights of bona fide third parties. 

3. In accordance with articles 46 and 55 of this Convention and para- 

graphs 1 and 2 of this article, the requested State Party shall: 

(a) In the case of embezzlement of public funds or of laundering of 

embezzled public funds as referred to in articles 17 and 23 of this Convention, 

when confiscation was executed in accordance with article 55 and on the basis 

of a final judgement in the requesting State Party, a requirement that can be 

waived by the requested State Party, return the confiscated property to the 

requesting State Party; 

(b) In the case of proceeds of any other offence covered by this Conven- 

tion, when the confiscation was executed in accordance with article 55 of this 

Convention and on the basis of a final judgement in the requesting State Party, 

a requirement that can be waived by the requested State Party, return the 

confiscated property to the requesting State Party, when the requesting State 

Party reasonably establishes its prior ownership of such confiscated property to 

the requested State Party or when the requested State Party recognizes damage 

to the requesting State Party as a basis for returning the confiscated property; 

(c) In all other cases, give priority consideration to returning confiscated 

property to the requesting State Party, returning such property to its prior 

legitimate owners or compensating the victims of the crime. 

4. Where appropriate, unless States Parties decide otherwise, the re- 

quested State Party may deduct reasonable expenses incurred in investigations,

48 

prosecutions or judicial proceedings leading to the return or disposition of 

confiscated property pursuant to this article. 

5. Where appropriate, States Parties may also give special consideration 

to concluding agreements or mutually acceptable arrangements, on a case-by- 

case basis, for the final disposal of confiscated property. 

Article 58. Financial intelligence unit 

States Parties shall cooperate with one another for the purpose of prevent- 

ing and combating the transfer of proceeds of offences established in accordance 

with this Convention and of promoting ways and means of recovering such 

proceeds and, to that end, shall consider establishing a financial intelligence unit 

to be responsible for receiving, analysing and disseminating to the competent 

authorities reports of suspicious financial transactions. 

Article 59. Bilateral and multilateral agreements and arrangements 

States Parties shall consider concluding bilateral or multilateral agreements 

or arrangements to enhance the effectiveness of international cooperation 

undertaken pursuant to this chapter of the Convention. 

Chapter VI 

Technical assistance and information exchange 

Article 60. Training and technical assistance 

1. Each State Party shall, to the extent necessary, initiate, develop or 

improve specific training programmes for its personnel responsible for prevent- 

ing and combating corruption. Such training programmes could deal, inter alia, 

with the following areas: 

(a) Effective measures to prevent, detect, investigate, punish and control 

corruption, including the use of evidence-gathering and investigative methods; 

(b) Building capacity in the development and planning of strategic anti- 

corruption policy; 

(c) Training competent authorities in the preparation of requests for 

mutual legal assistance that meet the requirements of this Convention;

49 

(d) Evaluation and strengthening of institutions, public service manage- 

ment and the management of public finances, including public procurement, 

and the private sector; 

(e) Preventing and combating the transfer of proceeds of offences estab- 

lished in accordance with this Convention and recovering such proceeds; 

(f) Detecting and freezing of the transfer of proceeds of offences estab- 

lished in accordance with this Convention; 

(g) Surveillance of the movement of proceeds of offences established in 

accordance with this Convention and of the methods used to transfer, conceal 

or disguise such proceeds; 

(h) Appropriate and efficient legal and administrative mechanisms and 

methods for facilitating the return of proceeds of offences established in accord- 

ance with this Convention; 

(i) Methods used in protecting victims and witnesses who cooperate with 

judicial authorities; and 

(j) Training in national and international regulations and in languages. 

2. States Parties shall, according to their capacity, consider affording one 

another the widest measure of technical assistance, especially for the benefit of 

developing countries, in their respective plans and programmes to combat 

corruption, including material support and training in the areas referred to in 

paragraph 1 of this article, and training and assistance and the mutual exchange 

of relevant experience and specialized knowledge, which will facilitate inter- 

national cooperation between States Parties in the areas of extradition and 

mutual legal assistance. 

3. States Parties shall strengthen, to the extent necessary, efforts to maxi- 

mize operational and training activities in international and regional organiza- 

tions and in the framework of relevant bilateral and multilateral agreements or 

arrangements. 

4. States Parties shall consider assisting one another, upon request, in 

conducting evaluations, studies and research relating to the types, causes, effects 

and costs of corruption in their respective countries, with a view to developing, 

with the participation of competent authorities and society, strategies and action 

plans to combat corruption. 

5. In order to facilitate the recovery of proceeds of offences established 

in accordance with this Convention, States Parties may cooperate in providing 

each other with the names of experts who could assist in achieving that 

objective.

50 

6. States Parties shall consider using subregional, regional and interna- 

tional conferences and seminars to promote cooperation and technical assistance 

and to stimulate discussion on problems of mutual concern, including the 

special problems and needs of developing countries and countries with econo- 

mies in transition. 

7. States Parties shall consider establishing voluntary mechanisms with a 

view to contributing financially to the efforts of developing countries and coun- 

tries with economies in transition to apply this Convention through technical 

assistance programmes and projects. 

8. Each State Party shall consider making voluntary contributions to the 

United Nations Office on Drugs and Crime for the purpose of fostering, 

through the Office, programmes and projects in developing countries with a 

view to implementing this Convention. 

Article 61. Collection, exchange and analysis of 

information on corruption 

1. Each State Party shall consider analysing, in consultation with experts, 

trends in corruption in its territory, as well as the circumstances in which 

corruption offences are committed. 

2. States Parties shall consider developing and sharing with each other 

and through international and regional organizations statistics, analytical exper- 

tise concerning corruption and information with a view to developing, insofar 

as possible, common definitions, standards and methodologies, as well as infor- 

mation on best practices to prevent and combat corruption. 

3. Each State Party shall consider monitoring its policies and actual 

measures to combat corruption and making assessments of their effectiveness 

and efficiency. 

Article 62. Other measures: implementation of the Convention 

through economic development and technical assistance 

1. States Parties shall take measures conducive to the optimal implemen- 

tation of this Convention to the extent possible, through international coopera- 

tion, taking into account the negative effects of corruption on society in general, 

in particular on sustainable development.

51 

2. States Parties shall make concrete efforts to the extent possible and 

in coordination with each other, as well as with international and regional 

organizations: 

(a) To enhance their cooperation at various levels with developing coun- 

tries, with a view to strengthening the capacity of the latter to prevent and 

combat corruption; 

(b) To enhance financial and material assistance to support the efforts of 

developing countries to prevent and fight corruption effectively and to help 

them implement this Convention successfully; 

(c) To provide technical assistance to developing countries and countries 

with economies in transition to assist them in meeting their needs for the 

implementation of this Convention. To that end, States Parties shall endeavour 

to make adequate and regular voluntary contributions to an account specifically 

designated for that purpose in a United Nations funding mechanism. States 

Parties may also give special consideration, in accordance with their domestic 

law and the provisions of this Convention, to contributing to that account a 

percentage of the money or of the corresponding value of proceeds of crime or 

property confiscated in accordance with the provisions of this Convention; 

(d) To encourage and persuade other States and financial institutions as 

appropriate to join them in efforts in accordance with this article, in particular 

by providing more training programmes and modern equipment to developing 

countries in order to assist them in achieving the objectives of this Convention. 

3. To the extent possible, these measures shall be without prejudice to 

existing foreign assistance commitments or to other financial cooperation 

arrangements at the bilateral, regional or international level. 

4. States Parties may conclude bilateral or multilateral agreements or 

arrangements on material and logistical assistance, taking into consideration the 

financial arrangements necessary for the means of international cooperation 

provided for by this Convention to be effective and for the prevention, detec- 

tion and control of corruption. 

Chapter VII 

Mechanisms for implementation 

Article 63. Conference of the States Parties to the Convention 

1. A Conference of the States Parties to the Convention is hereby estab- 

lished to improve the capacity of and cooperation between States Parties to 

achieve the objectives set forth in this Convention and to promote and review 

its implementation.

52 

2. The Secretary-General of the United Nations shall convene the Con- 

ference of the States Parties not later than one year following the entry into 

force of this Convention. Thereafter, regular meetings of the Conference of the 

States Parties shall be held in accordance with the rules of procedure adopted 

by the Conference. 

3. The Conference of the States Parties shall adopt rules of procedure 

and rules governing the functioning of the activities set forth in this article, 

including rules concerning the admission and participation of observers, and the 

payment of expenses incurred in carrying out those activities. 

4. The Conference of the States Parties shall agree upon activities, pro- 

cedures and methods of work to achieve the objectives set forth in paragraph 1 

of this article, including: 

(a) Facilitating activities by States Parties under articles 60 and 62 and 

chapters II to V of this Convention, including by encouraging the mobilization 

of voluntary contributions; 

(b) Facilitating the exchange of information among States Parties on 

patterns and trends in corruption and on successful practices for preventing and 

combating it and for the return of proceeds of crime, through, inter alia, the 

publication of relevant information as mentioned in this article; 

(c) Cooperating with relevant international and regional organizations 

and mechanisms and non-governmental organizations; 

(d) Making appropriate use of relevant information produced by other 

international and regional mechanisms for combating and preventing corrup- 

tion in order to avoid unnecessary duplication of work; 

(e) Reviewing periodically the implementation of this Convention by its 

States Parties; 

(f) Making recommendations to improve this Convention and its 

implementation; 

(g) Taking note of the technical assistance requirements of States Parties 

with regard to the implementation of this Convention and recommending any 

action it may deem necessary in that respect. 

5. For the purpose of paragraph 4 of this article, the Conference of the 

States Parties shall acquire the necessary knowledge of the measures taken by 

States Parties in implementing this Convention and the difficulties encountered 

by them in doing so through information provided by them and through such 

supplemental review mechanisms as may be established by the Conference of 

the States Parties.

53 

6. Each State Party shall provide the Conference of the States Parties 

with information on its programmes, plans and practices, as well as on legisla- 

tive and administrative measures to implement this Convention, as required by 

the Conference of the States Parties. The Conference of the States Parties shall 

examine the most effective way of receiving and acting upon information, in- 

cluding, inter alia, information received from States Parties and from competent 

international organizations. Inputs received from relevant non-governmental 

organizations duly accredited in accordance with procedures to be decided upon 

by the Conference of the States Parties may also be considered. 

7. Pursuant to paragraphs 4 to 6 of this article, the Conference of the 

States Parties shall establish, if it deems it necessary, any appropriate mechanism 

or body to assist in the effective implementation of the Convention. 

Article 64. Secretariat 

1. The Secretary-General of the United Nations shall provide the 

necessary secretariat services to the Conference of the States Parties to the 

Convention. 

2. The secretariat shall: 

(a) Assist the Conference of the States Parties in carrying out the activities 

set forth in article 63 of this Convention and make arrangements and provide 

the necessary services for the sessions of the Conference of the States Parties; 

(b) Upon request, assist States Parties in providing information to the 

Conference of the States Parties as envisaged in article 63, paragraphs 5 and 6, 

of this Convention; and 

(c) Ensure the necessary coordination with the secretariats of relevant 

international and regional organizations. 

Chapter VIII 

Final provisions 

Article 65. Implementation of the Convention 

1. Each State Party shall take the necessary measures, including legisla- 

tive and administrative measures, in accordance with fundamental principles of 

its domestic law, to ensure the implementation of its obligations under this 

Convention.

54 

2. Each State Party may adopt more strict or severe measures than those 

provided for by this Convention for preventing and combating corruption. 

Article 66. Settlement of disputes 

l. States Parties shall endeavour to settle disputes concerning the inter- 

pretation or application of this Convention through negotiation. 

2. Any dispute between two or more States Parties concerning the inter- 

pretation or application of this Convention that cannot be settled through 

negotiation within a reasonable time shall, at the request of one of those States 

Parties, be submitted to arbitration. If, six months after the date of the request 

for arbitration, those States Parties are unable to agree on the organization of the 

arbitration, any one of those States Parties may refer the dispute to the Interna- 

tional Court of Justice by request in accordance with the Statute of the Court. 

3. Each State Party may, at the time of signature, ratification, acceptance 

or approval of or accession to this Convention, declare that it does not consider 

itself bound by paragraph 2 of this article. The other States Parties shall not be 

bound by paragraph 2 of this article with respect to any State Party that has 

made such a reservation. 

4. Any State Party that has made a reservation in accordance with para- 

graph 3 of this article may at any time withdraw that reservation by notification 

to the Secretary-General of the United Nations. 

Article 67. Signature, ratification, acceptance, 

approval and accession 

1. This Convention shall be open to all States for signature from 9 to 

11 December 2003 in Merida, Mexico, and thereafter at United Nations Head- 

quarters in New York until 9 December 2005. 

2. This Convention shall also be open for signature by regional economic 

integration organizations provided that at least one member State of such organi- 

zation has signed this Convention in accordance with paragraph 1 of this article. 

3. This Convention is subject to ratification, acceptance or approval. 

Instruments of ratification, acceptance or approval shall be deposited with the 

Secretary-General of the United Nations. A regional economic integration 

organization may deposit its instrument of ratification, acceptance or approval 

if at least one of its member States has done likewise. In that instrument of

55 

ratification, acceptance or approval, such organization shall declare the extent of 

its competence with respect to the matters governed by this Convention. Such 

organization shall also inform the depositary of any relevant modification in the 

extent of its competence. 

4. This Convention is open for accession by any State or any regional 

economic integration organization of which at least one member State is a Party 

to this Convention. Instruments of accession shall be deposited with the 

Secretary-General of the United Nations. At the time of its accession, a regional 

economic integration organization shall declare the extent of its competence 

with respect to matters governed by this Convention. Such organization shall 

also inform the depositary of any relevant modification in the extent of its 

competence. 

Article 68. Entry into force 

1. This Convention shall enter into force on the ninetieth day after the 

date of deposit of the thirtieth instrument of ratification, acceptance, approval 

or accession. For the purpose of this paragraph, any instrument deposited by a 

regional economic integration organization shall not be counted as additional to 

those deposited by member States of such organization. 

2. For each State or regional economic integration organization ratifying, 

accepting, approving or acceding to this Convention after the deposit of the 

thirtieth instrument of such action, this Convention shall enter into force on 

the thirtieth day after the date of deposit by such State or organization of the 

relevant instrument or on the date this Convention enters into force pursuant 

to paragraph 1 of this article, whichever is later. 

Article 69. Amendment 

1. After the expiry of five years from the entry into force of this Con- 

vention, a State Party may propose an amendment and transmit it to the 

Secretary-General of the United Nations, who shall thereupon communicate the 

proposed amendment to the States Parties and to the Conference of the States 

Parties to the Convention for the purpose of considering and deciding on the 

proposal. The Conference of the States Parties shall make every effort to achieve 

consensus on each amendment. If all efforts at consensus have been exhausted 

and no agreement has been reached, the amendment shall, as a last resort, 

require for its adoption a two-thirds majority vote of the States Parties present 

and voting at the meeting of the Conference of the States Parties.

2. Regional economic integration organizations, in matters within their 

competence, shall exercise their right to vote under this article with a number 

of votes equal to the number of their member States that are Parties to this 

Convention. Such organizations shall not exercise their right to vote if their 

member States exercise theirs and vice versa. 

3. An amendment adopted in accordance with paragraph 1 of this article 

is subject to ratification, acceptance or approval by States Parties. 

4. An amendment adopted in accordance with paragraph 1 of this article 

shall enter into force in respect of a State Party ninety days after the date of the 

deposit with the Secretary-General of the United Nations of an instrument of 

ratification, acceptance or approval of such amendment. 

5. When an amendment enters into force, it shall be binding on those 

States Parties which have expressed their consent to be bound by it. Other States 

Parties shall still be bound by the provisions of this Convention and any earlier 

amendments that they have ratified, accepted or approved. 

Article 70. Denunciation 

1. A State Party may denounce this Convention by written notification 

to the Secretary-General of the United Nations. Such denunciation shall be- 

come effective one year after the date of receipt of the notification by the 

Secretary-General. 

2. A regional economic integration organization shall cease to be a Party 

to this Convention when all of its member States have denounced it. 

Article 71. Depositary and languages 

1. The Secretary-General of the United Nations is designated depositary 

of this Convention. 

2. The original of this Convention, of which the Arabic, Chinese, 

English, French, Russian and Spanish texts are equally authentic, shall be 

deposited with the Secretary-General of the United Nations. 

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being 

duly authorized thereto by their respective Governments, have signed this 

Convention.

 

 

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OUR CASES

Robert Kaminsky – a mayor of Svobodny had been under four falsified criminal cases. The mayor had been removed from office. He restored all his rights now;
Evgeny Tkachuk from Mytischi had been under falsified criminal case, He restored rights now;
Tamara Buylova – an entrepreneur from St. Petersburg had suffered extortion of bribes, her business had been under corruption pressure. She restored her rights. Her business is developing now;
Marat Musin – a businessman from Salavat his business had been under corruption pressure. He restored rights. His business is developing now;
Andrei Kuz'min – a businessman from Kazan his business had been under corruption pressure in Arbitrage. He restored rights.
Tatiana Vdovina from Saransk Her son was had been killed by youth group in Night club. Only one murderer was sentenced to 15 days of arrest. The sentence was quashed.
Boris Barelyuk – an entrepreneur from Moscow his business had been under corruption pressure. He restored rights. His business is developing now;
Etc.