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    UNITED NATIONS CONVENTIONAGAINST CORRUPTION

    UNITED NATIONS

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    UNITED NATIONS OFFICE ON DRUGS AND

    Vienna

    UNITED NATIONS CONVEN

    AGAINST CORRUPTIO

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    Foreword

    Corruption is an insidious plague that has a wide ranon societies. It undermines democracy and the rule of laof human rights, distorts markets, erodes the quality of lifcrime, terrorism and other threats to human security to

    This evil phenomenon is found in all countriesbipoorbut it is in the developing world that its effectsCorruption hurts the poor disproportionately by divertindevelopment, undermining a Governments ability to pfeeding inequality and injustice and discouraging foreignCorruption is a key element in economic underperformancle to poverty alleviation and development.

    I am therefore very happy that we now have a new this scourge at the global level. The adoption of the Unitedagainst Corruption will send a clear message that the intis determined to prevent and control corruption. It will betrayal of the public trust will no longer be tolerated. Aimportance of core values such as honesty, respect for theability and transparency in promoting development andbetter place for all.

    The new Convention is a remarkable achievementanother landmark instrument, the United Nations Transnational Organized Crime, which entered into forcis balanced, strong and pragmatic, and it offers a new fraction and international cooperation

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    plundered the national wealth and where new Gov

    resources to reconstruct and rehabilitate their societies.For the United Nations, the Convention is the culmstarted many years ago, when the word corruption was official circles. It took systematic efforts, first at the techally at the political, level to put the fight against corragenda. Both the Monterrey International Conference on

    opment and the Johannesburg World Summit on Susoffered opportunities for Governments to express their dcorruption and to make many more people aware of the corruption has on development.

    The Convention is also the result of long and difficucomplex issues and many concerns from different quarterIt was a formidable challenge to produce, in less than twthat reflects all those concerns. All countries had to showconcessions. But we can be proud of the result.

    Allow me to congratulate the members of the buCommittee for the Negotiation of a Convention againshard work and leadership, and to pay a special tribute toChairman, Ambassador Hctor Charry Samper of Colomance and his dedication. I am sure all here share my sorrus to celebrate this great success.

    The adoption of the new Convention will be a remBut let us be clear: it is only a beginning. We must buiachieved to ensure that the Convention enters into forceurge all Member States to attend the Signing Conferenc

    in December, and to ratify the Convention at the earlieIf fully enforced, this new instrument can make a

    quality of life of millions of people around the world. Anthe biggest obstacles to development it can help us acDevelopment Goals Be assured that the United Natio

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    Contents

    General Assembly resolution 58/4 of 31 October 2003 . . . . Annex. United Nations Convention against Corruption . . .

    I. General provisions . . . . . . . . . . . . . . . . . . . . . . . . .

    II. Preventive measures . . . . . . . . . . . . . . . . . . . . . . . .

    III. Criminalization and law enforcement . . . . . . . . . .

    IV. International cooperation . . . . . . . . . . . . . . . . . . .

    V. Asset recovery . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    VI. Technical assistance and information exchange . .

    VII. Mechanisms for implementation . . . . . . . . . . . . . .

    VIII. Final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . .

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    General Assembly resolution 58of 31 October 2003

    United Nations Conventionagainst Corruption

    The General Assembly,

    Recallingits resolution 55/61 of 4 December 2000,

    an ad hoc committee for the negotiation of an effective strument against corruption and requested the Secretary-Gintergovernmental open-ended expert group to examine aof reference for the negotiation of such an instrument, andof 20 December 2000, in which it invited the intergoveexpert group to be convened pursuant to resolution 5

    question of illegally transferred funds and the return countries of origin,

    Recalling also its resolutions 56/186 of 21 Decembe20 December 2002 on preventing and combating corruptof funds of illicit origin and returning such funds to th

    Recalling further its resolution 56/260 of 31 Januarequested the Ad Hoc Committee for the Negotiation ofCorruption to complete its work by the end of 2003,

    Recalling its resolution 57/169 of 18 December 2002

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    Recalling the Monterrey Consensus, adopted by th

    ference on Financing for Development, held in Monterre22 March 2002,1 in which it was underlined that fighlevels was a priority,

    Recalling also the Johannesburg Declaration on Sustadopted by the World Summit on Sustainable D

    Johannesburg, South Africa, from 26 August to 4 Septecular paragraph 19 thereof, in which corruption was desustainable development of people,

    Concerned about the seriousness of problems and thtion to the stability and security of societies, undermininvalues of democracy, ethical values and justice and jedevelopment and the rule of law,

    1. Takes noteof the report of the Ad Hoc Commitof a Convention against Corruption,3which carried outquarters of the United Nations Office on Drugs and Crimthe Ad Hoc Committee submitted the final text of theConvention against Corruption to the General Assembland action, and commends the Ad Hoc Committee for

    2. Adopts the United Nations Convention againsto the present resolution, and opens it for signature at tSigning Conference to be held in Merida, Mexico, fro

    2003, in accordance with resolution 57/169;

    3. Urgesall States and competent regional economzations to sign and ratify the United Nations Conventias soon as possible in order to ensure its rapid entry in

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    countries and countries with economies in transition of t

    that they might require to prepare for ratification and iConvention;

    5. Also decides that the Ad Hoc Committee for Convention against Corruption will complete its tasks arition of the United Nations Convention against Corruptiing well before the convening of the first session of the CParties to the Convention in order to prepare the drafprocedure of the Conference of the StatesParties and oin article 63of the Convention, which will be submittedthe States Parties at its first session for consideration;

    6. Requests the Conference of the States Parties

    address the criminalization of bribery of officials of publizations, including the United Nations, and related issuequestions of privileges and immunities, as well as of jurisdinternational organizations, by, inter alia, making recomappropriate action in that regard;

    7. Decidesthat, in order to raise awareness of corrof the Convention in combating and preventing it, 9designated International Anti-Corruption Day;

    8. Requeststhe Secretary-General to designate the Uon Drugs and Crime to serve as the secretariat for and

    the Conference of the States Parties to the Convention;

    9. Also requests the Secretary-General to provideOffice on Drugs and Crime with the resources necessary tin an effective manner the rapid entry into force of the

    i i C i d di h h f i

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    Preamble

    The States Parties to this Convention,

    Concerned about the seriousness of problems and thtion to the stability and security of societies, undermininvalues of democracy, ethical values and justice and jedevelopment and the rule of law,

    Concerned also about the links between corruptioncrime, in particular organized crime and economic crimlaundering,

    Concerned further about cases of corruption that invassets, which may constitute a substantial proportion of t

    and that threaten the political stability and sustainable States,

    Convinced that corruption is no longer a local mattphenomenon that affects all societies and economies ma

    Annex

    United Nations Conventiagainst Corruption

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    Determined to prevent, detect and deter in a more e

    national transfers of illicitly acquired assets and to strengoperation in asset recovery,

    Acknowledging the fundamental principles of due proproceedings and in civil or administrative proceedings trights,

    Bearing in mind that the prevention and eradicatiresponsibility of all States and that they must cooperate wthe support and involvement of individuals and groups tor, such as civil society, non-governmental organizations organizations, if their efforts in this area are to be effec

    Bearing also in mind the principles of proper managand public property, fairness, responsibility and equality need to safeguard integrity and to foster a culture of re

    Commending the work of the Commission on CCriminal Justice and the United Nations Office on Dru

    venting and combating corruption,

    Recalling the work carried out by other internationazations in this field, including the activities of the Africaof Europe, the Customs Cooperation Council (also knowtoms Organization), the European Union, the League o

    ganisation for Economic Cooperation and Developmentof American States,

    Taking note with appreciation of multilateral instrucombat corruption including inter alia the Inter A

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    Convention on Corruption, adopted by the Committe

    Council of Europe on 27 January 1999,4

    the Civil Law Ction, adopted by the Committee of Ministers of the C4 November 1999,5 and the African Union ConventioCombating Corruption, adopted by the Heads of State anAfrican Union on 12 July 2003,

    Welcoming the entry into force on 29 September Nations Convention against Transnational Organized C

    Have agreed as follows:

    Chapter I

    General provisions

    Article 1. Statement of purpos

    The purposes of this Convention are:

    (a) To promote and strengthen measures to prevention more efficiently and effectively;

    (b) To promote, facilitate and support internatitechnical assistancein the prevention of and fight againstin asset recovery;

    (c) To promote integrity, accountability and prope

    lic affairs and public property.

    Article 2. Use of terms

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    official in the domestic law of a State Party. However,fo

    specific measures

    contained in chapter II of this Convenmay mean any person who performs a public functionservice as defined in the domestic law of the State Partypertinent area of law of that State Party;

    (b) Foreign public official shall mean any personexecutive, administrative or judicial office of a foreign

    pointed or elected; and any person exercising a public country, including for a public agency or public enterp

    (c) Official of a public international organizationnational civil servant or any person who is authorized byto act on behalf of that organization;

    (d) Property shall mean assets of every kind, wh

    corporeal, movable or immovable, tangible or intangibleor instruments evidencing title to or interest in such ass

    (e) Proceeds of crime shall mean any propertytained, directly or indirectly, through the commission o

    (f) Freezing or seizure shall mean temporarily

    fer, conversion, disposition or movement of property orcustody or control of property on the basis of an orderother competent authority;

    (g) Confiscation, which includes forfeiture wherethe permanent deprivation of property by order of a couauthority;

    (h) Predicate offence shall mean any offence as ceeds have been generated that may become the subject oin article 23 of this Convention;

    (i) Controlled delivery shall mean the techniqu

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    2. For the purposes of implementing this Conve

    necessary,

    except as otherwise stated herein, for the offeresult in damage or harm to state property.

    Article 4. Protection of sovereign

    1. States Parties shall carry out their obligations uin a manner consistent with the principles of sovereign eintegrity of States and that of non-intervention in thother States.

    2. Nothing in this Convention shall entitle a Statethe territory of another State the exercise of jurisdiction

    functions that are reserved exclusively for the authorities its domestic law.

    Chapter IIPreventive measures

    Article 5. Preventive anti-corruption policies

    1. Each State Party shall, in accordance with the fof its legal system, develop and implement or maintain

    anti-corruption policies that promote the participation ofprinciples of the rule of law, proper management of puproperty, integrity, transparency and accountability.

    2 Each State Party shall endeavour to establish

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    Article 6. Preventive anti-corruption body

    1. Each State Party shall, in accordance with the fof its legal system, ensure the existence of a body or bodiprevent corruption by such means as:

    (a) Implementing the policies referred to in articleand, where appropriate, overseeing and coordinating t

    those policies;(b) Increasing and disseminating knowledge about

    ruption.

    2. Each State Party shall grant the body or bodigraph 1 of this article the necessary independence, in acc

    damental principles of its legal system, to enable the bodyits or their functions effectively and free from any unduessary material resources and specialized staff, as well as staff may require to carry out their functions, should b

    3. Each State Party shall inform the Secretary-G

    Nations of the name and address of the authority or authother States Parties in developing and implementing speprevention of corruption.

    Article 7. Public sector

    1. Each State Party shall, where appropriate and ifundamental principles of its legal system, endeavour tostrengthen systems for the recruitment, hiring, retention,ment of civil servants and, where appropriate, other non-

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    and systems requiring public officials to make declar

    authorities regarding, inter alia, their outside activities,ments, assets and substantial gifts or benefits from whichmay result with respect to their functions as public offi

    6. Each State Party shall consider taking, in accormental principles of its domestic law, disciplinary or opublic officials who violate the codes or standards estawith this article.

    Article 9. Public procurement and manof public finances

    1. Each State Party shall, in accordance with the fof its legal system, take the necessary steps to establish procurement, based on transparency, competition anddecision-making, that are effective, inter alia, in prevensystems, which may take into account appropriate thrapplication, shall address, inter alia:

    (a) The public distribution of information relatingcedures and contracts, including information on invitatievant or pertinent information on the award of contratenderers sufficient time to prepare and submit their ten

    (b) The establishment, in advance, of conditions fo

    ing selection and award criteria and tendering rules, and(c) The use of objective and predetermined criter

    ment decisions, in order to facilitate the subsequent veriapplication of the rules or procedures;

    (d) A ff i f d i i i l d

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    (b) Timely reporting on revenue and expenditure;

    (c) A system of accounting and auditing standards(d) Effective and efficient systems of risk managem

    trol; and

    (e) Where appropriate, corrective action in the caswith the requirements established in this paragraph.

    3. Each State Party shall take such civil and admmay be necessary, in accordance with the fundamental prilaw, to preserve the integrity of accounting books, recordor other documents related to public expenditure and rethe falsification of such documents.

    Article 10. Public reporting

    Taking into account the need to combat corruption,in accordance with the fundamental principles of its domeasures as may be necessary to enhance transparency in

    tion, including with regard to its organization, functmaking processes, where appropriate. Such measures ma

    (a) Adopting procedures or regulations allowing mpublic to obtain, where appropriate, information on the oing and decision-making processes of its public adminisregard for the protection of privacy and personal data, oacts that concern members of the public;

    (b) Simplifying administrative procedures, where apfacilitate public access to the competent decision-makin

    (c) Publishing information which may include p

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    2. Measures to the same effect as those taken purs

    this article may be introduced and applied within the those States Parties where it does not form part of thindependence similar to that of the judicial service.

    Article 12. Private sector

    1. Each State Party shall take measures, in accormental principles of its domestic law, to prevent corprivate sector, enhance accounting and auditing standardand, where appropriate, provide effective, proportionatadministrative or criminal penalties for failure to compl

    2. Measures to achieve these ends may include, i

    (a) Promoting cooperation between law enforcrelevant private entities;

    (b) Promoting the development of standards and p

    safeguard the integrity of relevant private entities, includfor the correct, honourable and proper performance of thand all relevant professions and the prevention of conflithe promotion of the use of good commercial practices in the contractual relations of businesses with the State;

    (c) Promoting transparency among private entities

    propriate, measures regarding the identity of legal and nain the establishment and management of corporate enti

    (d) Preventing the misuse of procedures regulatincluding procedures regarding subsidies and licences grani f i l i i i

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    3. In order to prevent corruption, each State Partyures as may be necessary, in accordance with its domestiregarding the maintenance of books and records, financiaand accounting and auditing standards, to prohibit the out for the purpose of committing any of the offences estwith this Convention:

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

    (b) The making of off-the-books or inadequately i(c) The recording of non-existent expenditure;

    (d) The entry of liabilities with incorrect identific

    (e) The use of false documents; and

    (f) The intentional destruction of bookkeeping d

    foreseen by the law.

    4. Each State Party shall disallow the tax deducticonstitute bribes, the latter being one of the constituent elestablished in accordance with articles 15and 16of this Cappropriate, other expenses incurred in furtherance of c

    Article 13. Participation of socie

    1. Each State Party shall take appropriate measuresin accordance with fundamental principles of its domestactive participation of individuals and groups outside thecivil society, non-governmental organizations and commtions, in the prevention of and the fight against corruptiawareness regarding the existence, causes and gravity of ancorruption. This participation should be strengthened b

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    (ii) For the protection of national security

    public health or morals.

    2. Each State Party shall take appropriate measurelevant anti-corruption bodies referred to in this Convenpublic and shall provide access to such bodies, where aporting, including anonymously, of any incidents that constitute an offence established in accordance with thi

    Article 14. Measures to prevent money-

    1. Each State Party shall:

    (a) Institute a comprehensive domestic regulatory afor banks and non-bank financial institutions, including nthat provide formal or informal services for the transmissand, where appropriate, other bodies particularly sulaundering, within its competence, in order to deter anmoney-laundering, which regime shall emphasize requiand, where appropriate, beneficial owner identification, rreporting of suspicious transactions;

    (b) Without prejudice to article 46 of this Conveministrative, regulatory, law enforcement and other aucombating money-laundering (including, where approplaw, judicial authorities) have the ability to cooperate and

    at the national and international levels within the condidomestic law and, to that end, shall consider the establintelligence unit to serve as a national centre for the cdissemination of information regarding potential money

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    (b) To maintain such information throughout the

    (c) To apply enhanced scrutiny to transfers of funcomplete information on the originator.

    4. In establishing a domestic regulatory and supervterms of this article, and without prejudice to any other tion, States Parties are called upon to use as a guideline thregional, interregional and multilateral organizations again

    5. States Parties shall endeavour to develop and prsubregional and bilateral cooperation among judicial, financial regulatory authorities in order to combat mon

    Chapter IIICriminalization and law enforcem

    Article 15. Bribery of national public

    Each State Party shall adopt such legislative and othnecessary to establish as criminal offences, when commi

    (a) The promise, offering or giving, to a public ofrectly, of an undue advantage, for the official himself person or entity, in order that the official act or refraexercise of his or her official duties;

    (b) The solicitation or acceptance by a public offrectly, of an undue advantage, for the official himself person or entity, in order that the official act or refraexercise of his or her official duties.

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    2. Each State Party shall consider adopting suchmeasures as may be necessary to establish as a criminal offintentionally, the solicitation or acceptance by a foreignofficial of a public international organization, directlyundue advantage, for the official himself or herself or anin order that the official act or refrain from acting in theofficial duties.

    Article 17. Embezzlement, misapproprother diversion of property by a public

    Each State Party shall adopt such legislative and othnecessary to establish as criminal offences, when commi

    embezzlement, misappropriation or other diversion by aor her benefit or for the benefit of another person or enpublic or private funds or securities or any other thing ofpublic official by virtue of his or her position.

    Article 18. Trading in influence

    Each State Party shall consider adopting such legisures as may be necessary to establish as criminal offenintentionally:

    (a) The promise, offering or giving to a public off

    son, directly or indirectly, of an undue advantage in official or the person abuse his or her real or supposed to obtaining from an administration or public authorityundue advantage for the original instigator of the act or

    (b) Th li it ti t b bli ffi i

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    (a) (i) The conversion or transfer of propertyproperty is the proceeds of crime, for the or disguising the illicit origin of the propperson who is involved in the commisoffence to evade the legal consequences o

    (ii) The concealment or disguise of the true ndisposition, movement or ownership of oproperty, knowing that such property is

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

    (i) The acquisition, possession or use of protime of receipt, that such property is the

    (ii) Participation in, association with or cattempts to commit and aiding, abetting,

    selling the commission of any of the oaccordance with this article.

    2. For purposes of implementing or applying para

    (a) Each State Party shall seek to apply paragraph widest range of predicate offences;

    (b) Each State Party shall include as predicate offecomprehensive range of criminal offences established inConvention;

    (c) For the purposes of subparagraph (b) above, pinclude offences committed both within and outside the jParty in question. However, offences committed outsidState Party shall constitute predicate offences only when a criminal offence under the domestic law of the State and would be a criminal offence under the domestic limplementing or applying this article had it been comm

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    be necessary to establish as a criminal offence, when coafter the commission of any of the offences established inConvention without having participated in such offencecontinued retention of property when the person invoproperty is the result of any of the offences established inConvention.

    Article 25. Obstruction of justic

    Each State Party shall adopt such legislative and othnecessary to establish as criminal offences, when commi

    (a) The use of physical force, threats or intimidoffering or giving of an undue advantage to induce false fere in the giving of testimony or the production of eviin relation to the commission of offences established inConvention;

    (b) The use of physical force, threats or intimidatio

    exercise of official duties by a justice or law enforcementthe commission of offences established in accordance wNothing in this subparagraph shall prejudice the right oflegislation that protects other categories of public officia

    Article 26. Liability of legal perso

    1. Each State Party shall adopt such measures consistent with its legal principles to establish the liabili

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    Article 27. Participation and attem

    1. Each State Party shall adopt such legislative amay be necessary to establish as a criminal offence, idomestic law, participation in any capacity such as an ainstigator in an offence established in accordance with t

    2. Each State Party may adopt such legislative and

    be necessary to establish as a criminal offence, in accordlaw, any attempt to commit an offence established inConvention.

    3. Each State Party may adopt such legislative andbe necessary to establish as a criminal offence, in accord

    law, the preparation for an offence established in Convention.

    Article 28. Knowledge, intent and pas elements of an offence

    Knowledge, intent or purpose required as an elemenlished in accordance with this Convention may be infactual circumstances.

    Article 29. Statute of limitation

    Each State Party shall, where appropriate, establish ua long statute of limitations period in which to commenoffence established in accordance with this Convention

    f li i i i d id f h

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    privileges accorded to its public officials for the performaand the possibility, when necessary, of effectively investigadjudicating offences established in accordance with this

    3. Each State Party shall endeavour to ensure that powers under its domestic law relating to the prosecution established in accordance with this Convention are exereffectiveness of law enforcement measures in respect of th

    due regard to the need to deter the commission of such

    4. In the case of offences established in accordantion, each State Party shall take appropriate measures, idomestic law and with due regard to the rights of the defthat conditions imposed in connection with decisions o

    or appeal take into consideration the need to ensure the pant at subsequent criminal proceedings.

    5. Each State Party shall take into account the gconcerned when considering the eventuality of early releaconvicted of such offences.

    6. Each State Party, to the extent consistent with ciples of its legal system, shall consider establishing proca public official accused of an offence established in accovention may, where appropriate, be removed, suspendedappropriate authority, bearing in mind respect for the prin

    tion of innocence.

    7. Where warranted by the gravity of the offence, eextent consistent with the fundamental principles of its lsider establishing procedures for the disqualification, b

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    and of the applicable legal defences or other legal prinlawfulness of conduct is reserved to the domestic law of such offences shall be prosecuted and punished in accor

    10. States Parties shall endeavour to promote the reof persons convicted of offences established in accordance

    Article 31. Freezing, seizure and conf

    1. Each State Party shall take, to the greatest extdomestic legal system, such measures as may be necessaryof:

    (a) Proceeds of crime derived from offences estawiththis Convention or property the value of which correproceeds;

    (b) Property, equipment or other instrumentalities use in offences established in accordance with this Conv

    2. Each State Party shall take such measures asenable the identification, tracing, freezing or seizure of aparagraph 1 of this article for the purpose of eventual c

    3. Each State Party shall adopt, in accordance wsuch legislative and other measures as may be necessary

    istration by the competent authorities of frozen, seized ocovered in paragraphs 1 and 2 of this article.

    4. If such proceeds of crime have been transformeor in full into other property such property shall be

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    7. For the purpose of this article and article 55of State Party shall empower its courts or other competent abank, financial or commercial records be made available oshall not decline to act under the provisions of this parof bank secrecy.

    8. States Parties may consider the possibility of fender demonstrate the lawful origin of such alleged proc

    property liable to confiscation, to the extent that such a rent with the fundamental principles of their domestic lawof judicial and other proceedings.

    9. The provisions of this article shall not be so cothe rights of bona fide third parties.

    10. Nothing contained in this article shall affect measures to which it refers shall be defined and implewith and subject to the provisions of the domestic law

    Article 32. Protection of witnesses, experts

    1. Each State Party shall take appropriate measurits domestic legal system and within its means to providfrom potential retaliation or intimidation for witnesses testimony concerning offences established in accordance and, as appropriate, for their relatives and other persons

    2. The measures envisaged in paragraph 1 of thiinter alia, without prejudice to the rights of the defendanto due process:

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    4. The provisions of this article shall also apply toare witnesses.

    5. Each State Party shall, subject to its domesticand concerns of victims to be presented and considered acriminal proceedings against offenders in a manner not pof the defence.

    Article 33. Protection of reporting p

    Each State Party shall consider incorporating into itsappropriate measures to provide protection against any unany person who reports in good faith and on reasonable

    petent authorities any facts concerning offences establishthis Convention.

    Article 34. Consequences of acts of co

    With due regard to the rights of third parties acquirState Party shall take measures, in accordance with the fof its domestic law, to address consequences of corrupStates Parties may consider corruption a relevant factor iannul or rescind a contract, withdraw a concession or otor take any other remedial action.

    Article 35. Compensation for dam

    Each State Party shall take such measures as may bi h i i l f i d i l h

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    their functions effectively and without any undue influstaff of such body or bodies should have the appropriate to carry out their tasks.

    Article 37. Cooperation with law enforceme

    1. Each State Party shall take appropriate measure

    who participate or who have participated in the commestablished in accordance with this Convention to supplycompetent authorities for investigative and evidentiary pufactual, specific help to competent authorities that may coffenders of the proceeds of crime and to recovering su

    2. Each State Party shall consider providing for thpriate cases, of mitigating punishment of an accused persstantial cooperation in the investigation or prosecution ofin accordance with this Convention.

    3. Each State Party shall consider providing for

    cordance with fundamental principles of its domestic law,from prosecution to a person who provides substantial cvestigation or prosecution of an offence established in Convention.

    4. Protection of such persons shall be, mutatis mu

    in article 32

    of this Convention.

    5. Where a person referred to in paragraph 1 of thState Party can provide substantial cooperation to the coanother State Party, the States Parties concerned may c

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    (a) Informing the latter authorities, on their own are reasonable grounds to believe that any of the offencesance with articles 15, 21and 23 of this Convention ha

    (b) Providing, upon request, to the latter authoritmation.

    Article 39. Cooperation between nationa

    and the private sector

    1. Each State Party shall take such measures asencourage, in accordance with its domestic law, cooperainvestigating and prosecuting authorities and entities ofparticular financial institutions, relating to matters involv

    offences established in accordance with this Convention

    2. Each State Party shall consider encouraging ipersons with a habitual residence in its territory to reporttigating and prosecuting authorities the commission of anaccordance with this Convention.

    Article 40. Bank secrecy

    Each State Party shall ensure that, in the case of dotigations of offences established in accordance with this appropriate mechanisms available within its domestic legobstacles that may arise out of the application of bank

    Article 41. Criminal record

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    (a) The offence is committed in the territory of t

    (b) The offence is committed on board a vessel ththat State Party or an aircraft that is registered under the lat the time that the offence is committed.

    2. Subject to article 4of this Convention, a Statelish its jurisdiction over any such offence when:

    (a) The offence is committed against a national o

    (b) The offence is committed by a national of thatless person who has his or her habitual residence in its

    (c) The offence is one of those established in accorparagraph 1 (b) (ii), of this Convention and is committewith a view to the commission of an offence establishearticle 23, paragraph 1 (a) (i) or (ii) or (b) (i), of this Cterritory; or

    (d) The offence is committed against the State Pa

    3. For the purposes of article 44 of this Convenshall take such measures as may be necessary to establish ioffences established in accordance with this Conventioffender is present in its territory and it does not extradon the ground that he or she is one of its nationals.

    4. Each State Party may also take such measures aestablish its jurisdiction over the offences established inConvention when the alleged offender is present in its teextradite him or her

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    Chapter IVInternational cooperation

    Article 43. International cooperat

    1. States Parties shall cooperate in criminal mattearticles 44 to 50 of this Convention. Where appropriattheir domestic legal system, States Parties shall consider investigations of and proceedings in civil and administratcorruption.

    2. In matters of international cooperation, wheneconsidered a requirement, it shall be deemed fulfilled irreslaws of the requested State Party place the offence within

    offence or denominate the offence by the same terminoState Party, if the conduct underlying the offence for whis a criminal offence under the laws of both States Part

    Article 44. Extradition

    1. This article shall apply to the offences establishthis Convention where the person who is the subject ofdition is present in the territory of the requested State Poffence for which extradition is sought is punishable undboth the requesting State Party and the requested State

    2. Notwithstanding the provisions of paragraph 1Party whose law so permits may grant the extradition of aoffences covered by this Convention that are not pundomestic law

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    shall not consider any of the offences established in accovention to be a political offence.

    5. If a State Party that makes extradition conditioa treaty receives a request for extradition from another Sit has no extradition treaty, it may consider this Convenextradition in respect of any offence to which this artic

    6. A State Party that makes extradition conditiona treaty shall:

    (a) At the time of deposit of its instrument of ratiapproval of or accession to this Convention, inform the SeUnited Nations whether it will take this Convention

    cooperation on extradition with other States Parties to t

    (b) If it does not take this Convention as the legalon extradition, seek, where appropriate, to conclude treatother States Parties to this Convention in order to impl

    7. States Parties that do not make extradition coence of a treaty shall recognize offences to which this artiable offences between themselves.

    8. Extradition shall be subject to the conditionsdomestic law of the requested State Party or by applicab

    including, inter alia, conditions in relation to the miniment for extradition and the grounds upon which the reqrefuse extradition.

    9 States Parties shall subject to their domestic la

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    solely on the ground that he or she is one of its nationalof the State Party seeking extradition, be obliged to su

    undue delay to its competent authorities for the purposeauthorities shall take their decision and conduct their prmanner as in the case of any other offence of a grave natulaw of that State Party. The States Parties concerned shaother, in particular on procedural and evidentiary aefficiency of such prosecution.

    12. Whenever a State Party is permitted under its dite or otherwise surrender one of its nationals only uponperson will be returned to that State Party to serve the result of the trial or proceedings for which the extraditioperson was sought and that State Party and the State P

    dition of the person agree with this option and other termappropriate, such conditional extradition or surrender discharge the obligation set forth in paragraph 11 of th

    13. If extradition, sought for purposes of enforcingbecause the person sought is a national of the requeste

    quested State Party shall, if its domestic law so permits athe requirements of such law, upon application of the rconsider the enforcement of the sentence imposed under trequesting State Party or the remainder thereof.

    14. Any person regarding whom proceedings are

    connection with any of the offences to which this aguaranteed fair treatment at all stages of the proceedingsof all the rights and guarantees provided by the domesticin the territory of which that person is present.

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    opportunity to present its opinions and to provide inforallegation.

    18. States Parties shall seek to conclude bilatagreements or arrangements to carry out or to enhancextradition.

    Article 45. Transfer of sentenced pe

    States Parties may consider entering into bilateral ments or arrangements on the transfer to their territory oimprisonment or other forms of deprivation of liberty foin accordance with this Convention in order that theysentences there.

    Article 46. Mutual legal assistan

    1. States Parties shall afford one another the widlegal assistance in investigations, prosecutions and judici

    tion to the offences covered by this Convention.

    2. Mutual legal assistance shall be afforded to theunder relevant laws, treaties, agreements and arrangemState Party with respect to investigations, prosecutions anin relation to the offences for which a legal person maccordance with article 26of this Convention in the req

    3. Mutual legal assistance to be afforded in accormay be requested for any of the following purposes:

    (a) Taking evidence or statements from persons;

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    (i) Any other type of assistance that is not contrarof the requested State Party;

    (j) Identifying, freezing and tracingproceeds of crithe provisions of chapter V of this Convention;

    (k) The recovery of assets, in accordance with the pof this Convention.

    4. Without prejudice to domestic law, the compState Party may, without prior request, transmit informanal matters to a competent authority in another State Pathat such information could assist the authority in undeconcluding inquiries and criminal proceedings or could mulated by the latter State Party pursuant to this Conv

    5. The transmission of information pursuant to pticle shall be without prejudice to inquiries and criminState of the competent authorities providing the informauthorities receiving the information shall comply with formation remain confidential, even temporarily, or withHowever, this shall not prevent the receiving State Party

    proceedings information that is exculpatory to an accucase, the receiving State Party shall notify the transmittinthe disclosure and, if so requested, consult with the transin an exceptional case, advance notice is not possible, thshall inform the transmitting State Party of the disclosu

    6. The provisions of this article shall not affect theother treaty, bilateral or multilateral, that governs or wiin part, mutual legal assistance.

    7 P h 9 t 29 f thi ti l h ll l t

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    (b) States Parties may decline to render assistance pon the ground of absence of dual criminality. However, a

    shall, where consistent with the basic concepts of itsassistance that does not involve coercive action. Such assiwhen requests involve matters of a de minimisnature or cooperation or assistance sought is available under othConvention;

    (c) Each State Party may consider adopting suchnecessary to enable it to provide a wider scope of assistarticle in the absence of dual criminality.

    10. A person who is being detained or is serving atory of one State Party whose presence in another State purposes of identification, testimony or otherwise provi

    taining evidence for investigations, prosecutions or judicition to offences covered by this Convention may be transconditions are met:

    (a) The person freely gives his or her informed co

    (b) The competent authorities of both States Partie

    conditions as those States Parties may deem appropriate

    11. For the purposes of paragraph 10 of this artic

    (a) The State Party to which the person is tranauthority and obligation to keep the person transferred inwise requested or authorized by the State Party from w

    transferred;(b) The State Party to which the person is transferr

    implement its obligation to return the person to the custfrom which the person was transferred as agreed before

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    of the State to which that person is transferred in respecconvictions prior to his or her departure from the terri

    which he or she was transferred.

    13. Each State Party shall designate a central authoresponsibility and power to receive requests for mutueither to execute them or to transmit them to the comexecution. Where a State Party has a special region or te

    system of mutual legal assistance, it may designate a disthat shall have the same function for that region or territoshall ensure the speedy and proper execution or transmreceived. Where the central authority transmits the reauthority for execution, it shall encourage the speedy anthe request by the competent authority. The Secretary-

    Nations shall be notified of the central authority designathe time each State Party deposits its instrument of ratiapproval of or accession to this Convention. Requests forand any communication related thereto shall be transmithorities designated by the States Parties. This requireprejudice to the right of a State Party to require that su

    munications be addressed to it through diplomatic chcircumstances, where the States Parties agree, through thnal Police Organization, if possible.

    14. Requests shall be made in writing or, where pcapable of producing a written record, in a language acceState Party, under conditions allowing that State Party toThe Secretary-General of the United Nations shall be nor languages acceptable to each State Party at the time it of ratification, acceptance or approval of or accession turgent circumstances and where agreed by the States Pa

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    (e) Where possible, the identity, location and natconcerned; and

    (f) The purpose for which the evidence, informatio

    16. The requested State Party may request additioit appears necessary for the execution of the request indomestic law or when it can facilitate such execution.

    17. A request shall be executed in accordance witthe requested State Party and, to the extent not contrarof the requested State Party and where possible, in acccedures specified in the request.

    18. Wherever possible and consistent with fund

    domestic law, when an individual is in the territory of a be heard as a witness or expert by the judicial authorities the first State Party may, at the request of the other, permplace by video conference if it is not possible or desirablquestion to appear in person in the territory of the requesParties may agree that the hearing shall be conducted by

    the requesting State Party and attended by a judicial authState Party.

    19. The requesting State Party shall not transmit evidence furnished by the requested State Party for invesor judicial proceedings other than those stated in the req

    consent of the requested State Party. Nothing in this paragrequesting State Party from disclosing in its proceedingdence that is exculpatory to an accused person. In the lattState Party shall notify the requested State Party prior toso requested consult with the requested State Party If i

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    (b) If the requested State Party considers that exeis likely to prejudice its sovereignty, security, ordre pu

    interests;

    (c) If the authorities of the requested State Party wits domestic law from carrying out the action requestesimilar offence, had it been subject to investigation, pproceedings under their own jurisdiction;

    (d) If it would be contrary to the legal system of threlating to mutual legal assistance for the request to be

    22. States Parties may not refuse a request for muthe sole ground that the offence is also considered to in

    23. Reasons shall be given for any refusal of mut

    24. The requested State Party shall execute the reassistance as soon as possible and shall take as full accodeadlines suggested by the requesting State Party and given, preferably in the request. The requesting State Paable requests for information on the status and progress

    the requested State Party to satisfy its request. The requrespond to reasonable requests by the requesting State Paprogress in its handling, of the request. The requestpromptly inform the requested State Party when the alonger required.

    25. Mutual legal assistance may be postponed bParty on the ground that it interferes with an ongoing invor judicial proceeding.

    26 Before refusing a request pursuant to paragrap

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    convictions prior to his or her departure from the terrState Party. Such safe conduct shall cease when the wi

    person having had, for a period of fifteen consecutive dagreed upon by the States Parties from the date on whiofficially informed that his or her presence is no longer reauthorities, an opportunity of leaving, has nevertheless rethe territory of the requesting State Party or, having left or her own free will.

    28. The ordinary costs of executing a request shaquested State Party, unless otherwise agreed by the Stateexpenses of a substantial or extraordinary nature are or wthe request, the States Parties shall consult to determinetions under which the request will be executed, as well as

    the costs shall be borne.

    29. The requested State Party:

    (a) Shall provide to the requesting State Party records, documents or information in its possession that are available to the general public;

    (b) May, at its discretion, provide to the requestingin part or subject to such conditions as it deems apprgovernment records, documents or information in its podomestic law are not available to the general public.

    30. States Parties shall consider, as may be neces

    concluding bilateral or multilateral agreements or arrangemthe purposes of, give practical effect to or enhance the pr

    i l f f i i l

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    effectiveness of law enforcement action to combat the ofConvention. States Parties shall, in particular, take effec

    (a) To enhance and, where necessary, to establish cation between their competent authorities, agencies anfacilitate the secure and rapid exchange of information cothe offences covered by this Convention, including, if tcerned deem it appropriate, links with other criminal a

    (b) To cooperate with other States Parties in conrespect to offences covered by this Convention concern

    (i) The identity, whereabouts and activities oinvolvement in such offences or the locaconcerned;

    (ii) The movement of proceeds of crime or

    the commission of such offences;(iii) The movement of property, eq

    instrumentalities used or intended for usesuch offences;

    (c) To provide, where appropriate, necessary itemstances for analytical or investigative purposes;

    (d) To exchange, where appropriate, information wconcerning specific means and methods used to commthis Convention, including the use of false identities, fdocuments and other means of concealing activities;

    (e) To facilitate effective coordination between the

    ties, agencies and services and to promote the exchange oexperts, including, subject to bilateral agreements or arraStates Parties concerned, the posting of liaison officers;

    (f) To exchange information and coordinate admk i f h f l

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    3. States Parties shall endeavour to cooperate witspond to offences covered by this Convention committ

    modern technology.

    Article 49. Joint investigations

    States Parties shall consider concluding bilateral or mor arrangements whereby, in relation to matters that are

    gations, prosecutions or judicial proceedings in one or mtent authorities concerned may establish joint investigatsence of such agreements or arrangements, joint inundertaken by agreement on a case-by-case basis. The Sshall ensure that the sovereignty of the State Party ininvestigation is to take place is fully respected.

    Article 50. Special investigative tech

    1. In order to combat corruption effectively, each Sextent permitted by the basic principles of its domestiaccordance with the conditions prescribed by its domesti

    ures as may be necessary, within its means, to allow for tits competent authorities of controlled delivery and, whereother special investigative techniques, such as electronic veillance and undercover operations, within its territoryadmissibility in court of evidence derived therefrom.

    2. For the purpose of investigating the offences cotion, States Parties are encouraged to conclude, when bilateral or multilateral agreements or arrangements for ustigative techniques in the context of cooperation at the inagreements or arrangements shall be concluded and imp

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    Chapter VAsset recovery

    Article 51. General provision

    The return of assets pursuant to this chapter is a funthis Convention, and States Parties shall afford one anothof cooperation and assistance in this regard.

    Article 52. Prevention and detection ofof proceeds of crime

    1. Without prejudice to article 14of this Conven

    shall take such measures as may be necessary, in accordalaw, to require financial institutions within its jurisdictioof customers, to take reasonable steps to determine theowners of funds deposited into high-value accounts andscrutiny of accounts sought or maintained by or on behare, or have been, entrusted with prominent public func

    members and close associates. Such enhanced scrutiny ssigned to detect suspicious transactions for the purpose otent authorities and should not be so construed as to financial institutions from doing business with any legit

    2. In order to facilitate implementation of the me

    paragraph 1 of this article, each State Party, in accordanceand inspired by relevant initiatives of regional, interregorganizations against money-laundering, shall:

    (a) Issue advisories regarding the types of natural or

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    records, over an appropriate period of time, of accounts aing the persons mentioned in paragraph 1 of this articl

    minimum, contain information relating to the identity oas, as far as possible, of the beneficial owner.

    4. With the aim of preventing and detecting troffences established in accordance withthis Convention,implement appropriate and effective measures to preven

    regulatory and oversight bodies, the establishment of bancal presence and that are not affiliated with a regulated fover, States Parties may consider requiring their financiato enter into or continue a correspondent banking relatiotutions and to guard against establishing relations with tutions that permit their accounts to be used by banks

    presence and that are not affiliated with a regulated fin

    5. Each State Party shall consider establishing, idomestic law, effective financial disclosure systems for acials and shall provide for appropriate sanctions for non-cParty shall also consider taking such measures as may be competent authorities to share that information with thein other States Parties when necessary to investigate, claimof offences established in accordance with this Convent

    6. Each State Party shall consider taking such meessary, in accordance with its domestic law, to require acials having an interest in or signature or other authori

    count in a foreign country to report that relationship to and to maintain appropriate records related to such accshall also provide for appropriate sanctions for non-com

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    (c) Take such measures as may be necessary to perpetent authorities, when having to decide on confiscation

    State Partys claim as a legitimate owner of property commission of an offence established in accordance wit

    Article 54. Mechanisms for recovery of prointernational cooperation in confisca

    1. Each State Party, in order to provide mutual leto article 55of this Convention with respect to propertinvolved in the commission of an offence established inConvention, shall, in accordance with its domestic law:

    (a) Take such measures as may be necessary to authorities to give effect to an order of confiscation issuedState Party;

    (b) Take such measures as may be necessary to authorities, where they have jurisdiction, to order the

    property of foreign origin by adjudication of an offenceor such other offence as may be within its jurisdiction oauthorized under its domestic law; and

    (c) Consider taking such measures as may be necestion of such property without a criminal conviction ioffender cannot be prosecuted by reason of death, flight

    appropriate cases.

    2. Each State Party, in order to provide mutual request made pursuant to paragraph 2 of article 55of thi

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    (c) Consider taking additional measures to permit ties to preserve property for confiscation, such as on the b

    or criminal charge related to the acquisition of such pro

    Article 55. International cooperatiopurposes of confiscation

    1. A State Party that has received a request fromhaving jurisdiction over an offence established in accordation for confiscation of proceeds of crime, property,instrumentalities referred to in article 31, paragraph 1situated in its territory shall, to the greatest extent possiblegal system:

    (a) Submit the request to its competent authoritiobtaining an order of confiscation and, if such an order to it; or

    (b) Submit to its competent authorities, with a viewto the extent requested, an order of confiscation issued btory of the requesting State Party in accordance with art

    and 54, paragraph 1 (a), of this Convention insofar as itcrime, property, equipment or other instrumentalities refparagraph 1, situated in the territory of the requested S

    2. Following a request made by another State Paover an offence established in accordance with this Con

    State Party shall take measures to identify, trace and freecrime, property, equipment or other instrumentalities refparagraph 1, of this Convention for the purpose of eventordered either by the requesting State Party or, pursua

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    based issued by the requesting State Party, a statement mation as to the extent to which execution of the order is

    specifying the measures taken by the requesting State Parnotification to bona fide third parties and to ensure due pthat the confiscation order is final;

    (c) In the case of a request pertaining to paragrastatement of the facts relied upon by the requesting Stattion of the actions requested and, where available, a lega

    an order on which the request is based.

    4. The decisions or actions provided for in paragarticle shall be taken by the requested State Party in accordto the provisions of its domestic law and its procedural rmultilateral agreement or arrangement to which it may b

    the requesting State Party.

    5. Each State Party shall furnish copies of its lawgive effect to this article and of any subsequent chanregulations or a description thereof to the Secretary-GNations.

    6. If a State Party elects to make the taking of thin paragraphs 1 and 2 of this article conditional on the treaty, that State Party shall consider this Convention thcient treaty basis.

    7. Cooperation under this article may also be measures lifted if the requested State Party does not receivevidence or if the property is of a de minimis value.

    B f lif i i i l k

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    established in accordance with this Convention to anothprior request, when it considers that the disclosure of su

    assist the receiving State Party in initiating or carrying ouecutions or judicial proceedings or might lead to a requeunder this chapter of the Convention.

    Article 57. Return and disposal of a

    1. Property confiscated by a State Party pursuantthis Convention shall be disposed of, including by returnowners, pursuant to paragraph 3 of this article, by that Stawith the provisions of this Convention and its domestic

    2. Each State Party shall adopt such legislative aaccordance with the fundamental principles of its domnecessary to enable its competent authorities to returnwhen acting on the request made by another State Party, iConvention, taking into account the rights of bona fide

    3. In accordance with articles 46 and 55

    of this graphs 1 and 2 of this article, the requested State Party

    (a) In the case of embezzlement of public fundsembezzled public funds as referred to in articles 17and 2when confiscation was executed in accordance with articof a final judgement in the requesting State Party, a req

    waived by the requested State Party, return the confisrequesting State Party;

    (b) In the case of proceeds of any other offence cotion, when the confiscation was executed in accordance

    i j di i l di l di h

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    prosecutions or judicial proceedings leading to the retconfiscated property pursuant to this article.

    5. Where appropriate, States Parties may also givto concluding agreements or mutually acceptable arrangcase basis, for the final disposal of confiscated property

    Article 58. Financial intelligence u

    States Parties shall cooperate with one another for thing and combating the transfer of proceeds of offences estwith this Convention and of promoting ways and meaproceeds and, to that end, shall consider establishing a finto be responsible for receiving, analysing and disseminaauthorities reports of suspicious financial transactions.

    Article 59. Bilateral and multilateral agreements

    States Parties shall consider concluding bilateral or m

    or arrangements to enhance the effectiveness of inteundertaken pursuant to this chapter of the Convention

    Chapter VITechnical assistance and information

    A ti l 60 T i i d t h i l

    (d) E l i d h i f i i i

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    (d) Evaluation and strengthening of institutions, pment and the management of public finances, including

    and the private sector;(e) Preventing and combating the transfer of proc

    lished in accordance with this Convention and recoverin

    (f) Detecting and freezing of the transfer of procelished in accordance with this Convention;

    (g) Surveillance of the movement of proceeds of oaccordance with this Convention and of the methods usor disguise such proceeds;

    (h) Appropriate and efficient legal and administramethods for facilitating the return of proceeds of offencesance with this Convention;

    (i) Methods used in protecting victims and witnessjudicial authorities; and

    (j) Training in national and international regulati

    2. States Parties shall, according to their capacity, another the widest measure of technical assistance, especdeveloping countries, in their respective plans and prcorruption, including material support and training in tparagraph 1 of this article, and training and assistance andof relevant experience and specialized knowledge, whicnational cooperation between States Parties in the aremutual legal assistance.

    3. States Parties shall strengthen, to the extent necmize operational and training activities in international tions and in the framework of relevant bilateral and mul

    6 S P i h ll id i b i l

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    6. States Parties shall consider using subregional,tional conferences and seminars to promote cooperation a

    and to stimulate discussion on problems of mutual cspecial problems and needs of developing countries and mies in transition.

    7. States Parties shall consider establishing voluntaview to contributing financially to the efforts of developin

    tries with economies in transition to apply this Convenassistance programmes and projects.

    8. Each State Party shall consider making voluntaUnited Nations Office on Drugs and Crime for the through the Office, programmes and projects in develo

    view to implementing this Convention.

    Article 61. Collection, exchange and ainformation on corruption

    1. Each State Party shall consider analysing, in contrends in corruption in its territory, as well as the cicorruption offences are committed.

    2. States Parties shall consider developing and shand through international and regional organizations stat

    tise concerning corruption and information with a view as possible, common definitions, standards and methodomation on best practices to prevent and combat corrup

    2 States Parties shall make concrete efforts to th

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    2. States Parties shall make concrete efforts to thin coordination with each other, as well as with inter

    organizations:(a) To enhance their cooperation at various levels w

    tries, with a view to strengthening the capacity of the combat corruption;

    (b) To enhance financial and material assistance todeveloping countries to prevent and fight corruption ethem implement this Convention successfully;

    (c) To provide technical assistance to developing cwith economies in transition to assist them in meetinimplementation of this Convention. To that end, States Pto make adequate and regular voluntary contributions to designated for that purpose in a United Nations fundiParties may also give special consideration, in accordanclaw and the provisions of this Convention, to contributpercentage of the money or of the corresponding value oproperty confiscated in accordance with the provisions

    (d) To encourage and persuade other States and fi

    appropriate to join them in efforts in accordance with thby providing more training programmes and modern equcountries in order to assist them in achieving the objectiv

    3. To the extent possible, these measures shall beexisting foreign assistance commitments or to other arrangements at the bilateral, regional or international le

    4. States Parties may conclude bilateral or multarrangements on material and logistical assistance, taking financial arrangements necessary for the means of inte

    2 The Secretary-General of the United Nations s

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    2. The Secretary-General of the United Nations sference of the States Parties not later than one year fol

    force of this Convention. Thereafter, regular meetings ofStates Parties shall be held in accordance with the rules by the Conference.

    3. The Conference of the States Parties shall adoand rules governing the functioning of the activities se

    including rules concerning the admission and participatiopayment of expenses incurred in carrying out those acti

    4. The Conference of the States Parties shall agrecedures and methods of work to achieve the objectives seof this article, including:

    (a) Facilitating activities by States Parties under achapters II to Vof this Convention, including by encourof voluntary contributions;

    (b) Facilitating the exchange of information ampatterns and trends in corruption and on successful practcombating it and for the return of proceeds of crime, tpublication of relevant information as mentioned in thi

    (c) Cooperating with relevant international and and mechanisms and non-governmental organizations;

    (d) Making appropriate use of relevant informatiointernational and regional mechanisms for combating a

    tion in order to avoid unnecessary duplication of work;

    (e) Reviewing periodically the implementation of States Parties;

    6. Each State Party shall provide the Conference

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    6. Each State Party shall provide the Conferencewith information on its programmes, plans and practices

    tive and administrative measures to implement this Convthe Conference of the States Parties. The Conference of examine the most effective way of receiving and acting cluding, inter alia, information received from States Partieinternational organizations. Inputs received from relevaorganizations duly accredited in accordance with procedu

    by the Conference of the States Parties may also be con

    7. Pursuant to paragraphs 4 to 6 of this article, States Parties shall establish, if it deems it necessary, any aor body to assist in the effective implementation of the

    Article 64. Secretariat

    1. The Secretary-General of the United Nationecessary secretariat services to the Conference of the Convention.

    2. The secretariat shall:

    (a) Assist the Conference of the States Parties in carset forth in article 63of this Convention and make arrathe necessary services for the sessions of the Conference

    (b) Upon request, assist States Parties in providin

    Conference of the States Parties as envisaged in article 63of this Convention; and

    (c) Ensure the necessary coordination with the sinternational and regional organizations.

    2. Each State Party may adopt more strict or seve

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    . ac State a ty ay adopt o e st ct o seveprovided for by this Convention for preventing and com

    Article 66. Settlement of disput

    l. States Parties shall endeavour to settle disputespretation or application of this Convention through ne

    2. Any dispute between two or more States Partiepretation or application of this Convention that cannnegotiation within a reasonable time shall, at the requestParties, be submitted to arbitration. If, six months after for arbitration, those States Parties are unable to agree on arbitration, any one of those States Parties may refer the dtional Court of Justice by request in accordance with the S

    3. Each State Party may, at the time of signature, or approval of or accession to this Convention, declare thitself bound by paragraph 2 of this article. The other Stabound by paragraph 2 of this article with respect to an

    made such a reservation.

    4. Any State Party that has made a reservation ingraph 3 of this article may at any time withdraw that reseto the Secretary-General of the United Nations.

    Article 67. Signature, ratification, acceapproval and accession

    1 Thi C ti h ll b t ll St t f

    ratification, acceptance or approval, such organization sha

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    , p pp , gits competence with respect to the matters governed by t

    organization shall also inform the depositary of any relevaextent of its competence.

    4. This Convention is open for accession by anyeconomic integration organization of which at least one mto this Convention. Instruments of accession shall b

    Secretary-General of the United Nations. At the time of ieconomic integration organization shall declare the extewith respect to matters governed by this Convention. Salso inform the depositary of any relevant modificationcompetence.

    Article 68. Entry into force

    1. This Convention shall enter into force on the date of deposit of the thirtieth instrument of ratificationor accession. For the purpose of this paragraph, any instrregional economic integration organization shall not be cothose deposited by member States of such organization.

    2. For each State or regional economic integrationaccepting, approving or acceding to this Convention afthirtieth instrument of such action, this Convention shathe thirtieth day after the date of deposit by such State relevant instrument or on the date this Convention enteto paragraph 1 of this article, whichever is later.

    2. Regional economic integration organizations, i

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    g g gcompetence, shall exercise their right to vote under this

    of votes equal to the number of their member States tConvention. Such organizations shall not exercise theirmember States exercise theirs and vice versa.

    3. An amendment adopted in accordance with paris subject to ratification, acceptance or approval by Stat

    4. An amendment adopted in accordance with parshall enter into force in respect of a State Party ninety dadeposit with the Secretary-General of the United Nationratification, acceptance or approval of such amendment

    5. When an amendment enters into force, it shaStates Parties which have expressed their consent to be bouParties shall still be bound by the provisions of this Convamendments that they have ratified, accepted or approv

    Article 70. Denunciation

    1. A State Party may denounce this Convention to the Secretary-General of the United Nations. Such dcome effective one year after the date of receipt of thSecretary-General.

    2. A regional economic integration organization shto this Convention when all of its member States have

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