Decision No. 950/2009/QĐ-CTN on the approval of the United Nations Convention against Corruption

Pursuant to …;

REGARDING THE RATIFICATION OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION

PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 103 and Article 106 of the Constitution of the Socialist Republic of Vietnam in 1992, as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the 10th National Assembly, 10th Session;

Pursuant to the Law on Ratification, Accession and Implementation of International Treaties in 2005;
Considering the proposal of the Government at Circular No. 104/TTr-CP dated June 10, 2009,

DECISION:

Article 1. Ratify the United Nations Convention against Corruption

The Socialist Republic of Vietnam reserves paragraph 2, Article 66 of this Convention.

The Socialist Republic of Vietnam makes a declaration attached to this Decision.

Article 2. The Minister of Foreign Affairs shall be responsible for handling the diplomatic procedures regarding the Socialist Republic of Vietnam's ratification of the above Convention and notifying relevant agencies of the date when the Convention comes into effect.

Article 3.THIS DECISION TAKES EFFECT FROM THE DATE OF SIGNATURE.

The Prime Minister, Director of the President's Office shall be responsible for implementing this Decision.

 

DECLARATION OF THE SOCIALIST REPUBLIC OF VIETNAM

(Attached to Decision No. 950/2009/QĐ-CTN dated June 30, 2009 of the President of the Socialist Republic of Vietnam)

- In accordance with the principles of Vietnamese law, the Socialist Republic of Vietnam declares that it is not bound by the provisions on criminalizing illegal enrichment (Article 20, United Nations Convention against Corruption) and the provisions on corporate criminal liability (Article 26 of the above Convention).

- The Socialist Republic of Vietnam declares that it will not apply the provisions of the above Convention directly; the implementation of the provisions of the above Convention will follow the constitutional and statutory laws of Vietnam, based on bilateral or multilateral agreements with other countries and the principle of reciprocity.

- Pursuant to Article 44 of the above Convention, the Socialist Republic of Vietnam declares that it does not consider the Convention as a direct legal basis for extradition; the Socialist Republic of Vietnam will carry out extradition according to Vietnamese law, based on extradition agreements and the principle of reciprocity.

 

THE UNITED NATIONS

CONVENTION AGAINST CORRUPTION

Foreword

States Parties to this Convention,herein,

Concernedabout the seriousness of the problems and threats posed by corruption to social stability and security, eroding institutions and democratic values, moral values, justice, and hindering sustainable development and governance,

Also concernedabout the link between corruption and other types of crime, particularly organized crime and economic crime, including money laundering,

Concernedfurther about cases of corruption involving large amounts of assets which play an important part in the resources of states and that such cases can cause serious damage to the political stability and sustainable development of those states,

Believing thatcorruption is no longer a national issue but has become a transnational phenomenon affecting all societies and economies, thus international cooperation to prevent and combat corruption is an urgent requirement,

Also believing thata comprehensive and multi-sectoral approach is needed to effectively prevent and combat corruption,

Further believing thattechnical assistance can play an important role in enhancing the capacity of states, including by strengthening capabilities and building institutions, to effectively prevent and combat corruption,

Recognizingthat illegal enrichment can particularly harm democratic institutions, national economies, and the rule of law,

Determinedto more effectively prevent, detect, and stop the international transfer of assets obtained illegally, as well as to enhance international cooperation in the recovery of assets,

Acknowledgingthe fundamental principles of ensuring due process in criminal, civil, or administrative proceedings related to property rights judgments,

Noting that preventing and eliminating corruption is the responsibility of states and that states must cooperate with each other, with the support and participation of individuals and non-state actors such as civil society, non-governmental organizations, and community organizations if their efforts in this area are effective,

Also notingthe principles of proper public service management and the principles of public property, fairness, accountability, equality before the law, and the need to ensure integrity and encourage the development of an anti-corruption culture,

Commendingthe work of the Commission on Crime Prevention and Criminal Justice and the Office on Drugs and Crime of the United Nations in anti-corruption activities,

Recallingthe work of other international and regional organizations in this field, including the activities of the African Union, the Council of Europe, the World Customs Organization (also known as the World Customs Organization), the European Union, the Arab League, the Organization for Economic Cooperation and Development, and the Organization of American States,

Satisfied to note||| multilateral documents on preventing and combating corruption, including the Inter-American Convention against Corruption adopted by the Organization of American States on March 29, 1996, the Council of Europe's Criminal Law Convention on Corruption concerning public officials of European countries and member states of the European Union adopted on May 26, 1997, the Organisation for Economic Co-operation and Development's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted on November 21, 1977, the Council of Europe's Civil Law Convention on Corruption adopted by the Committee of Ministers of the Council of Europe on January 27, 1999, the Council of Europe's Civil Law Convention on Corruption adopted by the Committee of Ministers of the Council of Europe on November 4, 1999, and the African Union Convention on Preventing and Combating Corruption adopted by the Heads of State and Government of the African Union on July 12, 2003,

||| Welcomes||| the entry into force of the United Nations Convention against Transnational Organized Crime on September 29, 2003,

||| Agrees as follows:

PART I

GENERAL PROVISIONS

Article 1. Declaration of Purpose

The purpose of this Convention is:

(a) To promote and strengthen effective and efficient measures for the prevention and combating of corruption;

(b) To promote, facilitate, and support international cooperation and technical assistance in the prevention and combating of corruption, including the recovery of assets;

(c) To promote integrity, accountability, and proper management of public office and public property.

Article 2. Definitions

For the purposes of this Convention,

(a) “Civil servant” means: (i) any person holding a legislative, executive, or judicial office of a State Party by election or appointment, whether permanent or temporary, paid or unpaid, regardless of rank; (ii) any person performing a state function, including for a state agency or enterprise, or providing a public service, as provided for under the national law of the State Party and applicable in the relevant field of law of that State Party; (iii) any person defined as “public official” under the national law. However, for certain specific measures provided for in Chapter II of this Convention, “public official” may mean any person performing a state function or providing a public service as defined under the national law of the State Party and applicable in the relevant field of law of that State Party;

(b) “foreign public official” means any person holding a legislative, executive, administrative, or judicial office of a foreign state, regardless of whether elected or appointed; and any person performing a state function for a foreign state, including for a state agency or enterprise;

(c) “public official of an international organization” means an international civil servant or any other person authorized by such an organization to act on its behalf;

(d) “asset” means any kind of property, tangible or intangible, movable or immovable, corporeal or incorporeal, and any legal document or instrument evidencing ownership or interest in such property;

(e) “proceeds of crime” means any property derived directly or indirectly from the commission of a crime;

(f) “freezing” or “seizure” means the temporary prohibition on the transfer, conversion, disposition, or movement of assets, or the temporary retention or control of assets, pursuant to an order of a court or other competent authority;

(g) “confiscation”, including forfeiture when appropriate” means the permanent deprivation of assets pursuant to an order of a court or other competent authority;

(h) “predicate offense” means any offense from which proceeds arise and which may become the subject of an offense under Article 23 of this Convention;

(i) “controlled delivery” means a technique allowing illegal or suspected goods to be transported out of, through, or into the territory of one or more States, under the knowledge and supervision of the competent authorities of those States, for the purpose of investigating criminal activity and identifying persons involved in the commission of such criminal activity.

Article 3. Scope of Application

1. In accordance with the provisions of this Convention, this Convention shall apply to the prevention, investigation, prosecution of corruption, as well as to the freezing, seizure, confiscation, and return of assets obtained through the offenses prescribed under this Convention.

2. For the purposes of implementing this Convention, the offenses set forth in this Convention need not cause loss or damage to public property, unless otherwise provided for in this Convention.

Article 4. Sovereignty Protection

1. Each Member State shall fulfill its obligations under this Convention in a manner consistent with the principles of equality of national sovereignty and territorial integrity of States as well as the principle of non-interference in the internal affairs of other States.

2. No provision of this Convention shall permit a Member State to exercise jurisdictional powers and functions of another State on its territory according to its own national law.

Chapter II

PREVENTIVE MEASURES

Article 5. Anti-Corruption Policy and Practices

1. On the basis of the fundamental principles of their own legal systems, each Member State shall develop and implement or maintain effective and coherent anti-corruption policies that promote social participation and reflect the principles of the rule of law, proper management of public service and property, integrity, transparency, and accountability.

2. Each Member State shall endeavor to establish and strengthen effective practices aimed at preventing corruption.

3. Each Member State shall endeavor to periodically assess legal instruments and administrative measures to determine whether they are adequate for preventing and combating corruption.

4. When appropriate and on the basis of the fundamental principles of their own legal systems, Member States shall cooperate with each other and with relevant regional and international organizations in promoting and developing the measures referred to in this Article. Such cooperation may include participation in international programs and projects aimed at preventing corruption.

Article 6. Anti-Corruption Agencies

1. In accordance with the fundamental principles of their own legal systems, each Member State ensures the existence of one or more agencies, as appropriate, responsible for preventing corruption through measures such as:

(a) Implementing the policies set forth in Article 5 of this Convention, and when appropriate, monitoring and coordinating the implementation of those policies;

(b) Enhancing and disseminating knowledge about anti-corruption work;

2. Each Member State shall provide the agencies referred to in Clause 1 of this Article with the necessary independence based on the fundamental principles of their own legal systems to enable these agencies to perform their functions effectively without any illegal influence. The necessary material means and specialized staff, as well as training for this staff to enable them to perform their functions, shall also be ensured.

3. Each Member State shall notify the Secretary-General of the United Nations of the name and address of one or more competent authorities that can assist other Member States in establishing and implementing specific measures to prevent corruption.

Article 7. Public Sector

1. When appropriate and in accordance with the fundamental principles of their own legal systems, each Member State shall endeavor to maintain and strengthen recruitment, hiring, retention, promotion, and retirement regimes for civil servants, and when appropriate, for other non-elected civil servants, which

(a) These regimes are based on principles of effectiveness, transparency, and objective criteria such as competence, fairness, and aptitude;

(b) These regimes include appropriate procedures for selecting individuals for positions considered highly susceptible to corruption, and when appropriate, for rotating these individuals to other positions;

(c) These regimes encourage fair and reasonable compensation and equitable remuneration, taking into account the level of economic development of each Member State;

(d) These regimes promote education and training programs for civil servants to help them meet the requirements of accuracy, honesty, and propriety in performing their public duties, including specialized and appropriate training to enhance civil servants' awareness of the risks of corruption often associated with the performance of their duties. These training programs may cover rules and standards of conduct in relevant areas.

2. Each Member State shall also consider adopting legislative and administrative measures appropriate to the objectives of the Convention and the fundamental principles of their own legal systems, aimed at setting standards for candidacy and election to public offices.

3. Each Member State shall also consider adopting legislative and administrative measures appropriate to the objectives of the Convention and the fundamental principles of their own legal systems, aimed at enhancing transparency in the nomination of candidates for public offices as well as political party funding, if appropriate.

4. Each Member State, on the basis of the fundamental principles of their own legal systems, shall endeavor to establish, maintain, and strengthen mechanisms to enhance transparency and prevent conflicts of interest.

Article 8. Conduct Rules for Public Officials

1. In order to combat corruption, each Member State shall promote, along with other standards, integrity, honesty, and accountability among its public officials in accordance with the fundamental principles of its legal system.

2. Specifically, each Member State shall endeavor to apply, within the framework of its legal system and institutions, conduct rules or standards to ensure that public functions are performed accurately, honestly, and properly.

3. To implement the provisions of this Article, when appropriate and consistent with the fundamental principles of its legal system, each Member State shall consider relevant initiatives of regional, subregional, and multilateral organizations, such as the International Code of Conduct for Public Officials attached as an annex to Resolution 51/59 dated December 12, 1996 of the United Nations General Assembly.

4. Consistent with the fundamental principles of its legal system, each Member State shall also consider establishing measures and mechanisms to facilitate public officials reporting to competent authorities about acts of corruption they discover while performing their duties.

5. When appropriate and consistent with the fundamental principles of its legal system, each Member State shall endeavor to establish measures and mechanisms requiring public officials to report to competent authorities on matters related to their work activities, external investments, or valuable assets or gifts that may create conflicts of interest when performing their duties.

6. Consistent with the fundamental principles of its legal system, each Member State shall consider applying disciplinary measures or other measures against public officials who violate the rules or standards established under this Article.

Article 9. Public Procurement and Public Financial Management

1. Consistent with the fundamental principles of its legal system, each Member State shall take necessary steps to develop procurement mechanisms based on transparency, competition, and objective criteria in decision-making processes to effectively prevent corruption. These mechanisms, whose application may take into account appropriate value thresholds, shall address issues including:

(a) Publicly announcing procurement procedures and procurement contracts, including tender invitation information and relevant award information, to allow potential bidders sufficient time to prepare and submit bids;

(b) Setting out preconditions for participation in tenders, including selection and award criteria and tendering regulations, and publishing these conditions;

(c) Using objective and predetermined criteria for public procurement decisions to facilitate verification of the accuracy in applying rules or procedures;

(d) An effective review mechanism, including an effective appeal mechanism, to ensure that court references and sanctions are carried out in cases where the provisions or procedures for procurement issued under this paragraph are not complied with;

(e) Where appropriate, measures to address issues related to procurement officers, such as declarations of interests in specific public procurements, oversight procedures, and training requirements.

2. Consistent with the fundamental principles of its legal system, each Member State shall take appropriate measures to enhance transparency and accountability in public financial management. Such measures include:

(a) Budget approval procedures;

(b) Timely reports on revenues and expenditures;

(c) Accounting and auditing standards systems, and related oversight mechanisms;

(d) Effective risk management and internal control mechanisms; and

(e) Where appropriate, remedial measures in case of non-compliance with the requirements stipulated in this paragraph.

3. Consistent with the fundamental principles of its legal system, each Member State shall undertake administrative and civil measures necessary to ensure the transparency of accounting records, vouchers, financial statements, or other documents related to public revenues and expenditures, and to prevent the falsification of these documents.

Article 10. Public Reporting

Considering the necessity to combat corruption, based on compliance with the fundamental principles of their own laws, each member state shall take necessary measures to enhance transparency in administrative public management, including organization, implementation process, and decision-making. Such measures include:

(a) Enacting procedures or regulations that allow the public, when appropriate, to access information about the organization, implementation process, and decision-making of their administrative agencies, as well as information about decisions and legal acts related to the public while ensuring confidentiality and personal data protection;

(b) Simplifying administrative procedures at appropriate stages to facilitate public access to competent authorities making decisions;

(c) Publishing information, which may include periodic reports, on the risks of corruption within their administrative agencies.

Article 11. Measures Related to Prosecution and Adjudication Activities

1. Recognizing the independence of judicial bodies and the important role of these bodies in combating corruption, based on compliance with the fundamental principles of their own laws without affecting the independence of adjudicative activities, each member state shall take measures to strengthen integrity for court officials and prevent opportunities for corruption from arising. These measures may include issuing codes of conduct for court officials.

2. Measures having similar effects to those applied under Clause 1 of this Article may be issued and implemented in prosecution offices in member states where such offices are not part of the judicial system but have an independent status like other judicial bodies.

Article 12. Private Sector

1. Based on compliance with the fundamental principles of their own laws, each member state shall take measures to prevent corruption related to the private sector, enhance accounting and auditing standards in the private sector, and, when appropriate, issue effective civil, administrative, or criminal sanctions that serve as deterrents against non-compliance with these measures.

2. Measures to achieve this purpose may include:

(a) Promoting cooperation between law enforcement agencies and corresponding private organizations;

(b) Promoting the establishment of standards and procedures to protect the integrity of corresponding private organizations, including rules of conduct regarding accuracy, honesty, and correctness in business operations and all related professions, while promoting conflict of interest prevention work, promoting the dissemination of good commercial practices in business operations and contractual relationships with the country;

(c) Enhancing transparency among private organizations, when appropriate, applying measures to identify individuals involved in establishing and managing companies;

(d) Preventing the abuse of procedures regulating private organizations, including subsidy and licensing procedures of competent authorities for commercial activities;

(e) Preventing conflicts of interest by prohibiting, when deemed appropriate and for a reasonable period, former public officials from engaging in professional activities or private sectors from hiring them for employment if such activities or hiring are directly related to the functions they performed or supervised while in office;

(f) Ensuring that private enterprises, based on their organizational structure and scale, have internal audit control systems to prevent and detect acts of corruption; and that the financial accounts and necessary financial reports of these enterprises comply with appropriate auditing and certification procedures.

3. For the purpose of preventing corruption, in accordance with their own laws and regulations concerning the maintenance of books of account, financial reporting, and accounting and auditing standards, each member state shall take necessary measures to prohibit the following actions carried out with the intent to commit any crime defined under this Convention:

(a) Maintaining off-the-books accounts;

(b) Conducting off-the-books transactions or unverified transactions;

(c) Issuing false vouchers;

(d) Recording debts with incorrect debtors;

(e) Using forged documents; and

(f) Intentionally destroying accounting records before the time prescribed by law.

4. Each member state shall not allow tax deductions for expenses that constitute bribes, where such bribes are elements constituting crimes defined under Articles 15 and 16 of this Convention, and, when appropriate, for other expenses incurred to carry out acts of corruption.

Article 13. Participation of Society

1. To the extent possible and consistent with the fundamental principles of their own national laws, each State Party shall take appropriate measures to promote the active participation of individuals and organizations outside the public sector, such as civil society, non-governmental organizations, and community organizations, in preventive and anti-corruption efforts; and to raise public awareness about the existence, causes, seriousness, and threat of corruption. Such participation should be enhanced through measures such as:

(a) Enhancing transparency in decision-making processes and encouraging public contributions to these processes;

(b) Ensuring effective access to information for the public;

(c) Organizing public information activities that contribute to relentless anti-corruption efforts, as well as public education programs, including teaching programs in schools and universities;

(d) Respecting, promoting, and protecting the freedom to seek, receive, publish, and disseminate information on corruption. That freedom may also have certain limitations, but those limitations must be prescribed by law and must be necessary to:

(i) Respect the rights and reputations of others;

(ii) Protect national security or public order or health or morals.

2. Each State Party shall take appropriate measures to ensure that the public is aware of the anti-corruption bodies referred to in this Convention and shall allow access to those bodies when appropriate so that the public can report, including anonymously, any event that could be considered a crime under this Convention.

Article 14. Anti-Money Laundering Measures

1. Each State Party shall:

(a) Within its jurisdiction, establish a comprehensive domestic regulatory and supervisory mechanism for banks, non-bank financial institutions, including individuals or legal entities providing formal or informal money transfer services or services involving valuable goods, and, where appropriate, other entities particularly vulnerable to money laundering, to prevent and detect all forms of money laundering; this regulatory and supervisory mechanism must emphasize requirements for customer identification and beneficial owner identification where appropriate, record keeping, and reporting of suspicious transactions;

(b) On the basis of Article 46 of this Convention, ensure that administrative, supervisory, law enforcement agencies, and other agencies specialized in anti-money laundering (including judicial authorities if consistent with national law) have the ability to cooperate and exchange information at both national and international levels within the conditions prescribed by national law, and for this purpose, consider establishing a financial intelligence unit to operate as a national center for collecting, analyzing, and disseminating information on potential money laundering activities.

2. States Parties will consider implementing feasible measures to detect and control the movement of cash and convertible value instruments across their borders, while also adhering to security measures to ensure the proper use of information and not unduly impeding the legitimate flow of funds. Such measures may include requiring individuals and businesses to report large amounts of cash and other convertible value instruments crossing borders.

3. States Parties will consider implementing appropriate and feasible measures requiring financial institutions, including money transfer agents:

(a) To provide accurate and meaningful information about the remitter in electronic money transfer forms and related correspondence;

(b) To maintain that information throughout the payment process; and

(c) To enhance monitoring of transfers without complete remitter information.

4. When establishing a domestic management and supervision mechanism pursuant to this Article and based on the provisions of this Convention, States Parties are encouraged to use relevant anti-money laundering initiatives of regional, sub-regional, and multilateral organizations as guidance.

5. States Parties will endeavor to develop and promote bilateral, sub-regional, regional, and global cooperation between judicial, law enforcement, and financial supervisory agencies to combat money laundering.

Chapter III

CRIMINALIZATION AND ENFORCEMENT

Article 15. Bribery of National Officials

Each Member State shall take legislative measures and other necessary measures to criminalize the following acts if committed intentionally:

(a) Offering, promising, or giving, directly or indirectly, to any official an undue advantage for himself or herself or for another person or organization, so that the official performs or refrains from performing an act in the course of his or her official duties;

(b) The act of an official, directly or indirectly, requesting or accepting an undue advantage for himself or herself or for another person or organization, so that the official performs or refrains from performing an act in the course of his or her official duties.

Article 16. Bribery of Foreign Officials or Officials of International Public Organizations

1. Each Member State shall take legislative measures and other necessary measures to criminalize, if committed intentionally, the offering, promising, or giving, directly or indirectly, to a foreign official or an official of an international public organization an undue advantage for himself or herself or for another person or organization, so that the official performs or refrains from performing an act in the course of his or her official duties, with the aim of obtaining or retaining business or any other undue advantage related to international business activities.

2. Each Member State shall consider taking legislative measures and other necessary measures to criminalize, if committed intentionally, the act of a foreign official or an official of an international public organization requesting or accepting, directly or indirectly, an undue advantage for himself or herself or for another person or organization, so that the official performs or refrains from performing an act in the course of his or her official duties.

Article 17. Embezzlement or Other Forms of Misappropriation of Property by Officials

Each Member State shall take legislative measures or other necessary measures to criminalize, if committed intentionally, the act of an official embezzling, misappropriating, or appropriating property in any form for himself or herself or for another person or organization, public funds or private funds, securities, or any valuable item entrusted to him or her due to his or her position.

Article 18. Abuse of Influence for Personal Gain

Each Member State shall consider taking legislative measures and other necessary measures to criminalize the following acts if committed intentionally:

(a) Offering, promising, or giving, directly or indirectly, to an official or another person an undue advantage so that the official or that person uses real or apparent influence to obtain an undue advantage from an administrative agency or a public authority of a Member State for himself or herself or for the person making the offer, gift, or grant mentioned above or for another person;

(b) The act of an official or another person, directly or indirectly, requesting or accepting any undue advantage for himself or herself or for another person, so as to abuse real or apparent influence to obtain an undue advantage from an administrative agency or a public authority of a Member State.

Article 19. Abuse of Function

Each State Party shall consider adopting legislative measures and other necessary measures to criminalize, when committed intentionally, acts of a public official abusing his functions or position for personal gain or that of another person or organization while performing official duties.

Article 20. Illicit Enrichment

In accordance with its Constitution and the basic principles of its legal system, each State Party shall adopt legislative measures and other necessary measures to criminalize, if committed intentionally, the act of illicit enrichment, which means a significant increase in the assets of a public official that cannot be explained by legitimate income and other lawful sources.

Article 21. Bribery in the Private Sector

Each State Party shall consider adopting legislative measures and other necessary measures to criminalize, if committed intentionally, the following acts in economic, financial, or commercial activities:

(a) Offering, promising, or giving an undue advantage, directly or indirectly, to a manager or employee, in any capacity, of a private sector entity for the benefit of that person or another person or organization, in order to induce that person to perform or refrain from performing an act in breach of their duty;

(b) Requesting or accepting, directly or indirectly, an undue advantage from a manager or employee, in any capacity, of a private sector entity for the benefit of themselves or another person, in order to induce that person to perform or refrain from performing an act in breach of their duty.

Article 22. Misappropriation of Assets in the Private Sector

Each State Party shall consider adopting legislative measures and other necessary measures to criminalize the act of a manager or employee, in any capacity, of a private sector entity misappropriating funds, private property, securities, or any other valuable item entrusted to them due to their position, if such misappropriation is committed intentionally during economic, financial, or commercial activities.

Article 23. Laundering of Proceeds of Crime

1. Each State Party, in accordance with the basic principles of its legal system, shall adopt legislative measures and other necessary measures to criminalize, if committed intentionally, the following acts:

(a) (i) Converting or transferring proceeds of crime, knowing that they are proceeds of crime, in order to conceal or disguise their illegal source or to assist any person involved in the commission of the underlying offense to evade legal consequences of their actions;

(ii) Concealing or disguising the true nature, source, location, transfer, movement, ownership, or rights related to proceeds of crime, knowing that they are proceeds of crime;

(b) Depending on the fundamental concepts of its legal system:

(i) Acquiring, possessing, or using proceeds of crime, knowing at the time of acquisition that they are proceeds of crime;

(ii) Participating, cooperating with, or conspiring to commit, attempting to commit, aiding, abetting, facilitating, or planning the commission of any offense specified in this Article.

2. For the implementation or application of paragraph 1 of this Article:

(a) Each State Party shall endeavor to apply paragraph 1 of this Article to the widest range of underlying offenses;

(b) Each State Party shall define as underlying offenses at least those offenses provided for under this Convention;

(c) To implement point (b) above, underlying offenses include offenses within and outside the jurisdiction of the relevant State Party. However, offenses outside the jurisdiction of a State Party will only constitute underlying offenses if the corresponding conduct constitutes a crime under the law of the State where it was committed and would constitute a crime under the law of the State Party implementing or applying this Article if it were committed there;

(d) Each State Party shall provide copies of the legal texts authorizing the implementation of this Article and subsequent amendments to these legal texts or a description thereof to the Secretary-General of the United Nations;

(e) If the basic principles of the legal system of a State Party require it, the offenses referred to in paragraph 1 of this Article shall not apply to persons who commit underlying offenses.

Article 24. Concealment of Assets

On the basis of not being contrary to the provisions of Article 23 of this Convention, each State Party shall consider adopting legislative measures and other necessary measures to provide that it is a crime to engage in acts of concealing or continuing to hold assets, knowing that such assets were obtained from the commission of any offense defined under this Convention, if such acts are committed intentionally after the offense has been committed, even if the person committing the act did not participate in the offense.

Article 25. Obstruction of Judicial Proceedings

Each State Party shall adopt legislative measures and other necessary measures to provide that the following acts, when committed intentionally, constitute crimes:

(a) Using force, threats, or intimidation, or offering, promising, or giving an undue advantage to obtain false testimony or to interfere with the making of statements or the presentation of evidence in proceedings related to offenses defined under this Convention;

(b) Using force, threats, or intimidation to obstruct the performance of official duties by judicial officials or law enforcement officers in connection with the commission of offenses defined under this Convention. Nothing in this paragraph shall prejudice the right of State Parties to enact provisions protecting public officials in other fields.

Article 26. Liability of Legal Persons

1. Each State Party shall adopt necessary measures, consistent with its legal principles, to provide for the liability of legal persons for participation in offenses defined under this Convention.

2. Depending on the legal principles of the State Party, the liability of legal persons may be criminal, civil, or administrative.

3. Such liability does not affect the criminal responsibility of individuals who have committed the offense.

4. Specifically, each State Party shall ensure that legal persons subject to liability under this provision are subject to effective, dissuasive, and preventive sanctions, including fines.

Article 27. Accomplices, Attempted Offenses

1. In accordance with its own laws, each State Party shall adopt legislative measures and other necessary measures to provide that it is a crime to participate in any capacity in the commission of offenses defined under this Convention, such as as accomplice, aider, or instigator.

2. In accordance with its own laws, each State Party shall adopt legislative measures and other necessary measures to provide that it is a crime to attempt to commit offenses defined under this Convention.

3. In accordance with its own laws, each State Party shall adopt legislative measures and other necessary measures to provide that it is a crime to prepare to commit an offense defined under this Convention.

Article 28. Awareness, Intent, or Purpose as Elements of a Crime

Awareness, intent, or purpose as elements of a crime defined under this Convention may be inferred from the objective circumstances.

Article 29. Statute of Limitations

In accordance with their own laws, when appropriate, each State Party shall establish a sufficiently long statute of limitations period for initiating proceedings against any crime defined under this Convention, and may establish a longer statute of limitations period or not apply a statute of limitations period when the person suspected of committing the crime evades prosecution.

Article 30. Prosecution, Trial, and Sanctions

1. Each State Party shall ensure that crimes defined under this Convention are subject to penalties commensurate with the seriousness of such crimes.

2. Each State Party shall take the necessary measures to establish or maintain, in accordance with its legal system and constitutional principles, a reasonable balance between judicial immunity or privileges granted to officials performing their duties and the need, when necessary, to effectively investigate, prosecute, and try crimes defined under this Convention.

3. Each State Party shall endeavor to ensure that the independent enforcement powers provided for by national law relating to the prosecution of persons who commit crimes defined under this Convention are exercised to maximize the effectiveness of law enforcement measures to address such crimes and respect the necessity to prevent such crimes.

4. For crimes defined under this Convention, based on national law and respecting the right to defense, each State Party shall take appropriate measures to ensure that conditions for decisions to release on bail pending trial or appeal take into account the requirement to ensure the presence of the accused in subsequent criminal proceedings.

5. Each State Party shall take into account the seriousness of the crime involved when considering the implementation of early release or amnesty for persons convicted of such crimes.

6. Within the limits permitted by the fundamental principles of the national legal system, each State Party shall consider establishing procedures through which an official charged with a crime defined under this Convention may, where appropriate, be dismissed, suspended, or reassigned from duty by the competent authority, while respecting the presumption of innocence.

7. Where permitted, based on the seriousness of the crime, within the limits permitted by the fundamental principles of the national legal system, each State Party shall consider establishing procedures to deprive, by court order or by any other appropriate means within the time limit prescribed by national law, persons convicted of crimes defined under this Convention of the rights to:

a) Hold a public office; and

b) Hold a position in a state-owned enterprise wholly or partially owned.

8. Paragraph 1 of this Article does not prejudice the disciplinary decision-making powers of competent authorities over officials.

9. No provision of this Convention affects the principle that the definition of crimes defined under this Convention and provisions regarding defense or other legal principles concerning the legality of conduct must be left to the national law of State Parties and such crimes must be prosecuted and punished according to the national law of those States.

10. State Parties shall endeavor to promote social reintegration of persons convicted of crimes defined under this Convention.

Article 31. Freezing, Seizure, and Confiscation

1. Within the broadest limits permitted by its national legal system, each State Party shall adopt such legislative and other measures as may be necessary to enable confiscation of:

(a) Proceeds of crime derived from offences established in accordance with this Convention or property of equivalent value to such proceeds;

(b) Property, equipment, or means of transport of any kind used for or intended for use in the commission of an offence 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 property referred to in paragraph 1 of this Article for the purpose of eventual confiscation.

3. In accordance with its national law, each State Party shall adopt legislative measures and other necessary measures to regulate the management of property that has been frozen, seized, or confiscated pursuant to paragraphs 1 and 2 of this Article.

4. If proceeds of crime have been transformed or converted, in whole or in part, into other property, such other property shall be subject to the measures provided for in this Article instead of the proceeds of crime.

5. If proceeds of crime are mixed with legitimate property, without prejudice to the rights relating to freezing or seizure, the legitimate property shall be confiscated in proportion to the value attributable to the proceeds of crime.

6. Income or other benefits derived from proceeds of crime, from property transformed or converted from proceeds of crime, or from property in which proceeds of crime are mixed, shall be subject to the measures provided for in this Article and shall be dealt with in the same manner and to the same extent as proceeds of crime.

7. For the purposes of implementing this Article and Article 55 of this Convention, each State Party shall grant courts or other competent authorities the power to request public access to banking, financial, commercial, or other records, or to seize such records. A State Party shall not refuse to comply with this provision on the grounds of bank secrecy.

8. Each State Party may consider requiring the accused to prove the lawful origin of property suspected of being proceeds of crime or other property subject to confiscation, to the extent that such requirement complies with the fundamental principles of its national law and the nature of judicial proceedings and other investigative activities.

9. The provisions of this Article shall not be interpreted as prejudicing the rights of bona fide third parties.

10. No provision of this Article shall affect the principle that the provisions referred to herein must be determined and implemented in accordance with and dependent upon the provisions of the national law of the State Party.

Article 32. Protection of Witnesses, Experts, and Victims

1. Each State Party shall take appropriate measures, in accordance with its national law and to the extent possible, to effectively protect witnesses and experts who provide evidence or testimony concerning offences established in accordance with this Convention, and, where appropriate, their close relatives and associates from threats or reprisals.

2. Without prejudice to the rights of the accused, including the right to a fair trial, the measures referred to in paragraph 1 of this Article may include:

(a) Establishing security procedures for these persons, including, as necessary and feasible, relocation and, if appropriate, non-disclosure or limited disclosure of information related to their identity or whereabouts;

(b) Providing rules of evidence allowing witnesses and experts to testify in a manner that ensures their safety, such as permitting testimony to be given through video or other suitable means of communication.

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.

4. The provisions of this Article also apply to victims who play a role similar to that of witnesses.

5. Depending on its national law, each State Party shall allow the views and concerns of victims to be presented and considered at certain stages of criminal proceedings against the offender, in a manner that does not prejudice the rights of the defence.

Article 33. Protection of Informants

Each State Party shall consider adopting appropriate measures within its national legal system to protect any person who, in good faith and on reasonable grounds, reports to a competent authority any matter relating to offences established in accordance with this Convention from unfair treatment.

Article 34. Consequences of Corruption

Respecting the rights acquired in good faith by third parties, each State Party shall take measures, based on the fundamental principles of its national law, to address the consequences of corruption. In this regard, each State Party may consider corruption as a relevant factor in proceedings to annul or rescind contracts, revoke concessions or similar instruments, or apply appropriate remedial measures.

Article 35. Compensation for Damage

Each State Party shall take necessary measures, based on the principles of its national law, to ensure that an organization or person suffering damage caused by acts of corruption has the right to bring legal action against the organization or person responsible for such damage to claim compensation.

Article 36. Specialized Bodies

Based on the fundamental principles of its national legal system, each State Party shall ensure the establishment of one or more specialized bodies or teams of officials to combat corruption through law enforcement. These bodies or individuals shall be granted the necessary independence, based on the fundamental principles of the national legal system of the State Party, to carry out their tasks effectively without undue influence. The staff of these bodies must be trained and provided with appropriate material means to perform their duties.

Article 37. Cooperation with Law Enforcement Authorities

1. Each State Party shall take appropriate measures to encourage persons involved or previously involved in committing an offence defined in this Convention to provide useful information to competent authorities for the purpose of investigation and evidence collection, as well as to offer genuine and specific assistance to law enforcement agencies, thereby preventing criminals from obtaining proceeds of crime and recovering such proceeds.

2. Each State Party shall consider providing for reduced penalties, where appropriate, for accused persons who have cooperated actively during the investigation or prosecution of an offence defined in this Convention.

3. Each State Party shall consider providing, in accordance with the fundamental principles of its national law, immunity from prosecution for persons who have cooperated actively during the investigation or prosecution of an offence defined in this Convention.

4. The protection of such persons shall also be carried out as provided in Article 32 of this Convention, with the necessary modifications.

5. If a person referred to in paragraph 1 of this Article resides in a State Party and can cooperate actively with the competent authorities of another State Party, the relevant State Parties may consider reaching an agreement or arrangement among themselves, in accordance with their national laws, regarding the other State Party's provision of the treatment referred to in paragraphs 2 and 3 of this Article.

Article 38. Cooperation between national competent authorities

Each State Party shall take such measures as may be necessary, in accordance with its domestic law, to encourage cooperation between national competent authorities and officials thereof with authorities responsible for investigation and prosecution of crimes, including:

(a) Initiating notification to the authorities responsible for investigation or prosecution when there are reasonable grounds to believe that a crime specified in Articles 15, 21 and 23 of this Convention has been committed;

(b) Providing upon request all necessary information to the authorities responsible for investigation and prosecution.

Article 39. Cooperation between national authorities and the private sector

1. Each State Party shall, in accordance with its domestic law, take such measures as may be necessary to encourage cooperation between national investigative and prosecutorial authorities and private sector organizations, particularly financial institutions, concerning matters related to the types of crimes covered by this Convention.

2. Each State Party shall consider encouraging its nationals and other persons habitually resident on its territory to report to national investigative and prosecutorial authorities when they discover that a crime specified in this Convention has been committed.

Article 40. Bank secrecy

Each State Party shall ensure that domestic criminal investigations into crimes specified under this Convention have appropriate mechanisms provided for in its national legal system to address obstacles that may arise from the application of laws on bank secrecy.

Article 41. Criminal records

Each State Party to this Convention shall adopt legislative and other necessary measures, in accordance with its provisions and for purposes it deems appropriate, to take into account any prior sentence imposed on a person for a crime committed in another State Party for the purpose of using that information in the criminal proceedings of a crime specified in this Convention.

Article 42. Jurisdiction

1. Each State Party to this Convention shall take such measures as may be necessary to establish jurisdiction over crimes specified in this Convention when:

(a) The crime is committed on the territory of that State Party; or

(b) The crime is committed on a ship flying its flag or an aircraft registered under its law at the time the crime was committed.

 2. Subject to Article 4 of this Convention, a State Party may also establish jurisdiction over such a crime when:

(a) The crime is committed against one of its nationals; or

(b) The crime is committed by one of its nationals or by a stateless person habitually resident on its territory; or

(c) The crime is one of those specified in paragraph 1(b)(ii) of Article 23 of this Convention and is committed outside its territory for the purpose of committing a crime specified in paragraph 1(a)(i) or (ii) or (b)(i) of Article 23 of this Convention within its territory;

(d) The crime is committed against that State Party.

3. For the purposes of implementing Article 44 of this Convention, each State Party shall take such measures as may be necessary to establish jurisdiction over crimes specified in this Convention when the person alleged to have committed the crime is present in its territory and it does not extradite that person solely because he or she is one of its nationals.

4. A State Party may also take such measures as may be necessary to establish jurisdiction over crimes specified in this Convention when the person alleged to have committed the crime is present in its territory and it does not extradite that person.

5. If a State Party exercising jurisdiction pursuant to paragraph 1 or 2 of this Article has been notified, or otherwise becomes aware, that another State Party is conducting an investigation, prosecution, or judicial proceeding in respect of the same conduct, the competent authorities of those State Parties shall consult with each other, where appropriate, to coordinate their actions.

6. Without prejudice to general principles of international law, this Convention does not preclude the exercise of criminal jurisdiction by a State Party in accordance with its law.

Chapter IV

INTERNATIONAL COOPERATION

Article 43. International Cooperation

1. Member States shall cooperate on criminal matters as provided for in Articles 44 to 50 of this Convention. Where appropriate and consistent with their national legal systems, Member States shall consider assisting each other in investigating and prosecuting civil and administrative matters related to corruption.

2. In matters of international cooperation, when the principle of mutual criminalization is considered a requirement, such requirement is deemed satisfied if the act constituting the crime for which assistance is sought is a crime under the laws of both Member States, regardless of whether the law of the requested State provides for a crime of the same kind or uses the same terminology as the requesting State.

Article 44. Extradition

1. This provision applies to crimes defined in this Convention where the person sought is present in the territory of the requested State, provided that the crime giving rise to the extradition request is one that both the requesting State and the requested State provide for punishment.

2. Notwithstanding the provisions of paragraph 1 of this Article, if its own law permits, a Member State may also extradite a person for any offense defined in this Convention that is not punishable under its own law.

3. If an extradition request includes several separate offenses, at least one of which can be extradited under this Article and some cannot be extradited under this Article due to the expiration of the term of imprisonment but are related to offenses defined in this Convention, the requested State may also apply this Article to those offenses.

4. Each offense to which this Article applies shall be regarded as an extraditable offense under existing extradition treaties between Member States. The Member States commit to include such offenses as extraditable offenses in any extradition treaties they conclude. In the case where a Member State uses this Convention as a basis for extradition, that State, if its law allows, shall not consider any offense defined under this Convention as a political offense.

5. If a Member State stipulates that extradition can only be carried out based on an extradition treaty, and it receives an extradition request from another Member State with which there is no extradition treaty, the requested State may regard this Convention as the legal basis for the extradition of offenses covered by this Article.

6. A Member State that stipulates that extradition can only be carried out based on an extradition agreement:

(a) At the time of depositing the instrument of ratification, acceptance, approval, or accession to this Convention, shall notify the Secretary-General of the United Nations whether it will take this Convention as the legal basis for extradition cooperation with other Member States of this Convention or not; and

(b) If it does not accept this Convention as the legal basis for extradition cooperation, it shall enter into extradition treaties with other Member States of this Convention as soon as possible to achieve this purpose.

7. Member States that do not stipulate that extradition depends on an extradition agreement shall recognize the offenses prescribed in this Article as extraditable offenses between themselves.

8. Extradition shall be subject to the conditions set forth in the law of the requested State or relevant extradition treaties, including conditions regarding the minimum sentence required and grounds upon which the requested State may refuse extradition.

9. On the basis of compliance with their own law, Member States shall endeavor to expedite extradition proceedings and simplify evidentiary requirements for any offense to which this provision applies.

10. On the basis of compliance with their own law and relevant extradition treaties, the requested State, when circumstances permit and are urgent, and upon request by the requesting State, may detain the person sought who is present in its territory or take other appropriate measures to ensure that the person will be present for the extradition proceedings.

11. For a Member State that considers a person to be a criminal on its territory, if the person is not extradited solely because he or she is a citizen of that State, upon request of the requesting State, that State shall promptly refer the matter to its competent authorities for prosecution. These authorities shall make a decision and conduct the proceedings in the manner still applied to serious crimes under the law of that State. The States concerned shall cooperate with each other, particularly in terms of procedure and evidence, to ensure the effectiveness of the trial.

12. Whenever a Member State is permitted by its national law to extradite or surrender one of its citizens only on condition that the person will be returned to that State to serve a sentence resulting from a trial or proceedings conducted after extradition or surrender, and the two States agree to this option and other terms they find suitable, such conditional extradition or surrender shall be deemed sufficient to meet the obligations set forth in paragraph 11 of this Article.

13. If an extradition request to enforce a judgment is refused because the person sought is a citizen of the requested State, the requested State, if its law permits and is consistent with its requirements, may consider enforcing the judgment rendered according to the law of the requesting State or part thereof, upon the request of the requesting State.

14. Any person who is undergoing proceedings in connection with offences covered by this Article shall be guaranteed fair treatment in all such proceedings and shall enjoy all rights and forms of protection provided for by the law of the State in whose territory that person is present.

15. No provision of this Convention shall be interpreted as requiring extradition if the requested State has sufficient grounds to believe that the request for extradition is for the purpose of prosecuting or punishing a person on account of his or her sex, race, religion, nationality, ethnic origin, or political opinion, or that compliance might prejudice the person's position for any of these reasons.

16. States Parties shall not refuse extradition solely on the ground that the offence also involves financial matters.

17. Before refusing extradition, the requested State, where appropriate, shall discuss with the requesting State to facilitate the presentation of the requesting State's views and the provision of information regarding the charge.

18. States Parties shall endeavour to conclude bilateral and multilateral agreements or arrangements to facilitate extradition or enhance its effectiveness.

Article 45. Transfer of Convicted Persons

States Parties may consider concluding bilateral or multilateral agreements or arrangements for the transfer to their territories of persons convicted of offences under this Convention so that they may serve their sentences in the receiving State.

Article 46. Mutual Legal Assistance

1. States Parties shall afford each other the greatest possible mutual legal assistance in respect of investigations, prosecutions, and proceedings concerning offences established in this Convention.

2. Mutual legal assistance shall be granted to the fullest extent possible in accordance with the laws, treaties, agreements, and arrangements of the requested State relating to investigations, prosecutions, and proceedings against legal persons that may be held criminally responsible under Article 26 of this Convention.

3. Requests for mutual legal assistance pursuant to this Article may be made for the following purposes:

(a) Obtaining evidence or statements from witnesses or other persons;

(b) Serving judicial documents;

(c) Searching for, seizing, or freezing assets;

(d) Examining objects and premises;

(e) Providing information, evidence, and expert opinions;

(f) Providing originals or certified copies of documents and records, including government, bank, financial, corporate, or business records;

(g) Identifying or tracing proceeds of crime, property, instruments, or other items as evidence;

(h) Facilitating the voluntary presence of individuals in the requesting State;

(i) Other forms of assistance not contrary to the law of the requested State;

(k) Verifying, freezing, and tracing proceeds of crime as provided for in Chapter V of this Convention;

(l) Recovery of property as provided for in Chapter V of this Convention.

4. On the basis of non-contravention of national law, without prior request, competent authorities of a State Party may transmit information related to offences to the competent authorities of another State if they believe that the information may assist those authorities in conducting or successfully concluding criminal investigations and proceedings, or that the transmission of the information will lead to a request being made under this Convention.

5. The transmission of information under paragraph 4 of this Article shall not prejudice ongoing investigations or criminal proceedings in the State of the transmitting authorities. The receiving authorities must comply with requirements for the temporary or permanent confidentiality of the information or limitations on its use. However, this does not prevent the receiving State from disclosing the information in proceedings to exonerate a person accused of an offence. In such cases, the receiving State shall notify the transmitting State before disclosure of the information and, if required, shall consult with the transmitting State. In exceptional circumstances, if prior notification is not possible, the receiving State shall immediately inform the transmitting State of the disclosure.

6. The provisions of this Article do not affect obligations arising under any bilateral or multilateral treaty, agreement, or arrangement regulating or likely to regulate, in whole or in part, mutual legal assistance activities.

7. Paragraphs 9 to 29 of this Article apply to requests based on this Article if there is no treaty on mutual legal assistance between the relevant States. If there is 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 instead. States Parties are strongly encouraged to apply these provisions if they facilitate cooperation.

8. States Parties shall not refuse mutual legal assistance under this Article on the ground of bank secrecy.

9. (a) A State Party, when responding to a request for mutual legal assistance under this Article in the absence of dual criminalisation, shall take into account the objectives of this Convention as set out in Article 1;

(b) States Parties may refuse assistance under this Article on the ground of lack of dual criminalisation. However, a State Party, where consistent with fundamental concepts of its law, shall provide assistance if the assistance does not involve coercive measures. Such assistance may be refused if the request relates to minor issues or issues that can be addressed through other provisions of this Convention.

(c) Each Member State may consider taking necessary measures to extend the scope of assistance under this Article in cases where there are no criminalization conditions.

10. A person serving a custodial sentence or carrying out a sentence on the territory of one Member State but who is requested by another Member State to be present for identification, hearing, or other purposes to assist in the collection of evidence for the investigation, prosecution, or trial of crimes covered by this Convention may be transferred if the following conditions are met:

(a) The person voluntarily agrees after being informed of the request;

(b) The competent authorities of both Member States agree, depending on the conditions that these Member States consider appropriate.

11. For the purposes of paragraph 10 of this Article:

(a) The Member State to which the person is transferred has the right and obligation to supervise the person transferred, except where there is a request or permission from the Member State from which the person was transferred;

(b) The Member State to which the person is transferred must immediately fulfill its obligation to return the person to the supervision of the Member State from which the person was transferred according to a prior agreement or another agreement between the competent authorities of both Member States previously agreed upon, or another agreement;

(c) The Member State to which the person is transferred shall not require the transferring Member State to apply extradition procedures to return the person;

(d) The transferred person shall be recognized as having served part of the sentence being carried out in the transferring Member State for the time spent in custody in the receiving Member State.

12. The transferred person, regardless of nationality, shall not be prosecuted, detained, punished, or subjected to any restriction on personal freedom in the territory of the receiving State for acts, omissions, or sentences arising before the person left the territory of the transferring State, unless the transferring Member State consents based on paragraphs 10 and 11 of this Article.

13. Each Member State shall designate a central authority responsible and empowered to receive requests for legal assistance; implement them or refer them to other competent authorities for implementation. In the case of a Member State with a special territorial unit with a separate mechanism for implementing legal assistance, it may designate a separate central authority with similar functions for that territorial unit. Central authorities must ensure prompt and full implementation or transfer of received requests. If the central authority refers the request to a competent authority for implementation, the central authority must encourage prompt and full implementation of the request. The Secretary-General of the United Nations must be notified of the central authority designated for this purpose at the time each party deposits its instrument of ratification, acceptance, approval, or accession to this Convention. Requests for legal assistance and all related communications must be transmitted to the central authorities designated by the Member States. This requirement does not prejudice the right of a Member State to require that such requests for legal assistance and communications be transmitted through diplomatic channels and, in urgent cases, if the Member States agree, through Interpol, if possible.

14. Requests for legal assistance must be in writing or, if possible, in a form capable of producing a written record, in a language accepted by the requested State, enabling the requested Member State to verify authenticity. The Secretary-General of the United Nations must be notified of the language or languages in which requests for legal assistance may be accepted by each Member State at the time each party deposits its instrument of ratification, acceptance, approval, or accession to this Convention. In urgent cases and if the Member States agree, oral requests for legal assistance may be accepted but must subsequently be confirmed in writing.

15. The request for legal assistance must include:

(a) Identifying characteristics of the requesting authority;

(b) The subject matter and nature of the investigation, prosecution, or trial related to the request and the name and function of the investigative, prosecutorial, or judicial authority;

(c) A summary of the relevant events, except in the case of a request for legal assistance aimed at serving judicial documents;

(d) A description of the assistance sought and detailed information about the specific procedure the requesting State wishes to have carried out;

(e) If possible, identifying characteristics, place of residence, and nationality of the persons concerned; and

(f) The purpose of seeking evidence, information, or action.

16. The requested Member State may request additional information if it is necessary for the execution of the request in accordance with its own laws or if such additional information would facilitate the execution of the legal assistance.

17. The request shall be executed in accordance with the laws of the requested Member State and, to the extent not contrary to the laws of the requested Member State and when feasible as specified in the request.

18. Whenever possible and consistent with the principles of national law, when an individual is present in the territory of one Member State and needs to appear before judicial authorities of another Member State as a witness or expert, at the request of the other party, the initial Member State may allow the appearance to be conducted via video link if the person concerned cannot or does not wish to be present in the territory of the requesting State. The Member States may agree that the appearance will be organized by the judicial authority of the requesting Member State with the participation of a judicial authority of the requested Member State.

19. The requesting State shall not transfer or use the information or evidence provided by the requested State for purposes other than those specifically stated in the request without the prior consent of the requested State. Nothing in this Clause prevents the requesting State from disclosing information or evidence to exonerate a convicted person during judicial proceedings, provided that the requesting State informs the requested State in advance of such disclosure and, if so requested, discusses the matter with the requested State. In exceptional cases where prior notice cannot be given, the requesting State shall immediately inform the requested State after making the disclosure.

20. The requesting State may ask the requested State to keep confidential the details and contents of the request, except to the extent necessary to implement the request. If the requested State is unable to comply with this confidentiality request, it must promptly notify the requesting State.

21. Legal assistance may be refused:

(a) if the request is not made in accordance with the provisions of this Article;

(b) if the requested State considers that the implementation of the request would prejudice its sovereignty, security, public order, or other essential interests;

(c) if the authorities of the requested State are prohibited by national law from carrying out the requested act in respect of any similar offense, because such offense has been the subject of investigation, prosecution, or trial within their jurisdiction;

(d) if accepting the request for legal assistance would be contrary to the legal system of the requested State.

22. These States Parties shall not refuse a request for legal assistance solely on the ground that the offense also involves financial matters.

23. Reasons shall be given for any refusal of legal assistance.

24. The requested State shall execute the request for legal assistance as soon as possible and shall take into account any deadlines proposed by the requesting State, as well as the reasons given for such deadlines, particularly those set forth in the request. The requesting State may request information about the situation and progress of measures taken by the requested State to implement the request for legal assistance. The requested State shall respond reasonably to requests from the requesting State regarding the situation and progress of the request. The requesting State shall promptly notify the requested State when the assistance is no longer needed.

25. The requested State may suspend legal assistance if doing so would impede an ongoing investigation, prosecution, or trial.

26. Before refusing a request under Clause 21 of this Article or suspending its execution under Clause 25 of this Article, the requested State shall consult with the requesting State to determine whether the assistance can be provided under terms and conditions that it deems necessary. If the requesting State agrees to the assistance under these conditions, it shall comply with them.

27. Notwithstanding the application of Clause 12 of this Article, a witness, expert, or other person, at the request of the requesting State, who agrees to provide evidence during proceedings or to assist in an investigation, prosecution, or trial on the territory of the requesting State shall not be prosecuted, detained, punished, or subjected to any restriction on personal liberty on that territory for acts or omissions or a pre-existing judgment, unless the person remains voluntarily on the territory of the requesting State for a continuous period of fifteen days or any other agreed period between the States Parties following formal notification that the person's presence is no longer required by the judicial authorities, but the person chooses to remain or returns voluntarily after having left.

28. The usual costs of executing a request shall be borne by the requested State Party, unless otherwise agreed by the relevant States Parties. If substantial or special costs are required to execute the request, the States Parties shall negotiate to determine the terms and conditions under which the request will be executed, as well as the manner in which the costs will be covered.

29. The requested State:

(a) shall provide the requesting State with copies of government files, documents, or information that, under its own law, are available to the public;

(b) at its discretion, may provide the requesting State with copies of any government files, documents, or information that, under its own law, are not available to the public, in whole, in part, or subject to conditions it deems appropriate.

30. Where necessary, the States Parties shall consider concluding bilateral or multilateral agreements or arrangements to serve the purposes of the provisions of this Article or to ensure the practical effectiveness of the provisions of this Article or to strengthen the provisions of this Article.

Article 47. Transfer of Criminal Cases

The Member States shall consider the possibility of transferring criminal cases to each other for prosecution of a crime defined under this Convention, if such transfer is deemed beneficial for the administration of justice, particularly in cases involving the jurisdiction of several countries, with the aim of concentrating prosecution efforts.

Article 48. Law Enforcement Cooperation

1. The Member States shall cooperate closely with each other, based on compliance with their respective legal and administrative systems, to enhance the effectiveness of law enforcement activities aimed at combating crimes within the scope of this Convention. In particular, each Member State must apply effective measures:

(a) To strengthen and, where necessary, establish channels of communication between competent authorities, organizations, and agencies of the parties to facilitate safe and rapid exchange of information on all aspects of crimes covered by this Convention, including links to other crimes if relevant States consider it appropriate;

(b) Cooperate with other Member States in investigating crimes defined under this Convention in the following areas:

(i) Identifying characteristics, residence, and activities of persons suspected of being involved in such crimes, or the location of other individuals involved;

(ii) Movement of proceeds of crime or assets obtained from committing such crimes;

(iii) Movement of assets, equipment, or other tools used or intended to be used in committing such crimes;

(c) Provide, when appropriate, types and quantities of material necessary for analysis or investigation purposes;

(d) Exchange, when appropriate, information with other Member States about specific means and methods used in committing crimes within the scope of this Convention, including the use of false identity documents, forged documents, and other concealment methods;

(e) Facilitate effective coordination among competent authorities, organizations, and agencies of the parties, and promote the exchange of personnel and experts - according to bilateral or multilateral agreements or arrangements between relevant States, including the deployment of liaison officers;

(f) Exchange information and coordinate the implementation of administrative measures and other measures, as appropriate, for the purpose of early identification of crimes defined under this Convention.

2. For this Convention to be effective, the Member States shall consider signing bilateral or multilateral agreements or arrangements for direct cooperation between law enforcement agencies of the parties, and if such agreements or arrangements already exist, amend them. If no such agreements or arrangements exist, the Member States may regard this Convention as the basis for law enforcement cooperation concerning crimes within its scope. Whenever appropriate, the Member States shall utilize agreements or arrangements, including international or regional organizations, to enhance cooperation between law enforcement agencies of the parties.

3. The Member States shall endeavor to cooperate to the best of their ability to combat crimes specified in this Convention through the use of modern technology.

Article 49. Joint Investigation (Hybrid)

The States Parties may consider concluding bilateral or multilateral agreements or arrangements whereby competent authorities may establish joint investigation (hybrid) bodies for matters that are the subject of investigation, prosecution, or trial in one or more States Parties. In the absence of such agreements or arrangements, joint investigations may be conducted on a case-by-case basis. The relevant States Parties must ensure that the sovereignty of the State Party where such an investigation is being carried out is fully respected.

Article 50. Special Investigation Techniques

1. To combat corruption effectively, within the limits permitted by the fundamental principles of their own legal systems and in accordance with the conditions prescribed by their laws, each State Party shall take the necessary measures within its power to allow competent authorities to use controlled conveyance and, when appropriate, special investigation techniques, such as electronic surveillance or other forms of monitoring, undercover operations, within its territory to ensure that evidence obtained through the application of these techniques is admissible in court.

2. For the purpose of investigating crimes defined under this Convention, the States Parties are encouraged to conclude, if necessary, bilateral or multilateral agreements or arrangements suitable for using such special investigation techniques in international cooperation. Such agreements or arrangements must be concluded and implemented on the basis of full respect for the principle of equal national sovereignty and the provisions of those agreements or arrangements must be strictly observed.

3. In the absence of an agreement or arrangement referred to in paragraph 2 of this Article, the use of such special investigation techniques at the international level will be decided on a case-by-case basis and, if necessary, may take into account financial agreements and memoranda of understanding regarding the exercise of jurisdiction by the relevant States Parties.

4. Decisions on applying controlled conveyance measures at the international level may include measures such as stopping and allowing goods to continue intact, or disassembling or replacing them in whole or in part.

Chapter V

ASSET RECOVERY

Article 51. General Provisions

The return of assets provided for in this Chapter is a fundamental principle of this Convention, and the States Parties shall afford each other maximum cooperation and assistance in this matter.

Article 52. Prevention and Detection of Asset Transfers Resulting from Corruption

1. Without prejudice to Article 14 of this Convention, each State Party shall undertake the necessary measures, based on its national law, to require financial institutions within its jurisdiction to identify and verify customers, apply reasonable measures to identify the beneficial owner of large-value accounts, and conduct thorough reviews of accounts opened or maintained by or on behalf of individuals who have held, or currently hold, important positions in government, or members of their families or close associates. Thorough reviews must be planned reasonably to detect suspicious transactions to report to competent authorities and must not be explained in a way that would prevent or prohibit financial institutions from transacting with legitimate customers.

2. To facilitate the implementation of the measures provided for in paragraph 1 of this Article, each State Party, based on its national law and in accordance with corresponding initiatives of regional, subregional, and multilateral anti-money laundering organizations, shall:

(a) Issue recommendations on natural persons or legal entities whose accounts, within its jurisdiction, financial institutions are required to thoroughly review the types of accounts and transactions that need special attention and the application of appropriate measures to maintain information about such accounts and transactions; and

(b) If appropriate, notify financial institutions within its jurisdiction, upon request from another State Party or on its own initiative, about the identification of a natural person or legal entity whose account, in addition to those already identified by the financial institutions themselves, needs to be thoroughly reviewed by financial institutions.

3. When implementing paragraph 2(a) of this Article, each State Party shall take measures to ensure that its financial institutions appropriately maintain information, for a reasonable period of time, about accounts and transactions related to the persons referred to in paragraph 1 of this Article, the minimum information retained must include customer identification information and, to the extent possible, beneficial owner information.

4. To prevent and detect the transfer of assets obtained from the crimes defined under this Convention, each State Party, with the help of its supervisory and regulatory agencies, shall take appropriate and effective measures to prevent the establishment of shell banks without physical presence and without ties to regulated financial groups. Additionally, the States Parties may consider requiring their financial institutions to refuse to participate or maintain banking relationships with such organizations, and to refuse to establish relationships with foreign financial institutions whose accounts may be used by shell banks without physical presence and without ties to regulated financial groups.

5. Each Member State shall examine the establishment, based on its national law, of an effective financial public system for a specific group of officials, and shall prescribe appropriate sanctions for non-compliance. Each Member State shall also examine the implementation of necessary measures to allow competent authorities to share such information with the competent authorities of another Member State when necessary for investigation, recovery, and confiscation of assets obtained through the offenses defined in this Convention.

6. Each Member State shall examine the application of necessary measures, based on its national law, requiring a specific group of officials who have an interest, signature, or authority over an account abroad to report to the competent authority about their relationship with that account and maintain appropriate records related to such accounts. These measures must include sanctions for non-compliance.

Article 53. Direct Measures for Asset Recovery

Each Member State, based on its national law, shall:

(a) take necessary measures to enable another Member State to bring civil proceedings before its courts to determine rights or ownership over assets obtained through the offenses defined in this Convention;

(b) take necessary measures to enable its courts to order the perpetrator of the offense defined in this Convention to compensate or make restitution to another Member State that has suffered losses from such offense; and

(c) take necessary measures to enable its courts or competent authorities, when making a confiscation decision, to recognize another Member State as the lawful owner of assets obtained through the offense defined in this Convention.

Article 54. Mechanisms for Asset Recovery Through International Cooperation in Confiscation

1. For judicial assistance under Article 55 of this Convention relating to assets obtained through crime or offenses defined under this Convention, each Member State, based on its national law, shall:

(a) take necessary measures to allow its competent authorities to recognize the enforceability of confiscation orders issued by another Member State;

(b) take necessary measures to allow its competent authorities, within their jurisdictional powers, to issue confiscation orders for foreign-sourced assets based on judgments against money laundering offenses or other crimes within their jurisdiction, or according to other procedures prescribed by its national law;

(c) consider taking necessary measures to allow confiscation of assets without a criminal conviction where prosecution of the offender is not possible due to death, flight, absence, or other appropriate circumstances.

2. Each Member State, for legal assistance requested under paragraph 2 of Article 55 of this Convention, based on the principles of its national law, shall:

(a) take necessary measures to allow its competent authorities to freeze or seize assets based on a freezing or seizure order issued by a court or competent authority of the requesting Member State, which provides reasonable grounds for the requested Member State to believe there is sufficient basis for these measures, and that the asset will be subject to confiscation under paragraph 1(a) of this Article;

(b) take necessary measures to allow its competent authorities to freeze or seize assets based on a request providing reasonable grounds for the requested Member State to believe there is sufficient basis for these measures, and that the asset will be subject to confiscation under paragraph 1(a) of this Article; and

(c) consider taking additional measures to allow its competent authorities to preserve assets for confiscation, such as based on the arrest or criminal charge involving foreign elements related to the confiscation of these assets.

Article 55. International Cooperation for the Purpose of Confiscation

1. A State Party that receives a request from another State Party having jurisdiction over a crime specified in this Convention concerning the confiscation of proceeds of crime, property, equipment, or other instrumentalities referred to in Clause 1, Article 31 of this Convention which are located within its territory shall, to the fullest extent possible under its national law, take the following actions:

(a) Submit the request to its competent authorities to obtain an order of confiscation and, if such an order is granted, execute it; or

(b) Submit to its competent authorities, for the purpose of implementing the request, an order of confiscation issued by a court within the territory of the requesting State Party based on Clause 1, Article 31 and Clause 1 (a), Article 54 of this Convention to the extent that such order relates to proceeds of crime, property, equipment, or other instrumentalities referred to in Clause 1, Article 31 of this Convention which are located within the territory of the requested State Party.

2. In accordance with a request from another State Party having jurisdiction over a crime specified in this Convention, the requested State Party shall take measures to identify, locate, and freeze or seize proceeds of crime, property, equipment, or other instrumentalities referred to in Clause 1, Article 31 of this Convention with the ultimate aim of confiscation pursuant to an order of the requesting State Party or of the requested State Party based on a request under Clause 1 of this Article.

3. The provisions of Article 46 of this Convention shall apply to this Article with necessary modifications. In addition to the information set forth in Clause 15, Article 46, the request under this Article shall include:

(a) A description of the property to be confiscated, including, where possible, the location and, if appropriate, an 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 an order of confiscation under its national law in the case of a request under Clause 1 (a) of this Article;

(b) A legally acceptable copy of the order of confiscation on which the request is based, issued by the requesting State Party, a statement of the facts and information within the scope required for the execution of that order, a statement of the measures taken by the requesting State Party to provide relevant information to third parties in good faith while ensuring due process, and a declaration that the order of confiscation is a final order in the case of a request under Clause 1 (b) of this Article;

(c) A statement of the facts relied upon by the requesting State Party and a description of the work requested, and, if applicable, a legally acceptable copy of the order on which the request is based in the case of a request under Clause 2 of this Article.

4. Any decisions or actions provided for in Clauses 1 and 2 of this Article shall be carried out by the requested State Party in accordance with and consistent with the provisions of its national law and its rules of procedure, or in accordance with any bilateral or multilateral agreement or arrangement to which it is bound in relation to the requesting State Party.

5. Each State Party shall provide copies of the laws and regulations for the implementation of this Article and copies of subsequent amendments to those laws and regulations or a statement thereof to the Secretary-General of the United Nations.

6. If a State Party decides to apply the measures provided for in Clauses 1 and 2 of this Article subject to the existence of a relevant treaty, that State Party shall consider this Convention as the legal basis necessary and sufficient.

7. Cooperation under this Article may be refused or provisional measures may be withdrawn if the requested State Party does not receive adequate evidence in a timely manner or if the value of the property is insignificant.

8. Before withdrawing provisional measures under this Article, the requested State Party shall give the requesting State Party an opportunity to present reasons why such measures should continue to be applied.

9. The provisions of this Article shall not be interpreted in a manner that prejudices the rights of third parties in good faith.

Article 56. Special Cooperation

Without prejudice to their national laws, each State Party shall endeavor to take measures that do not affect its own investigation, prosecution, and trial activities, so as to be able to transfer information about assets obtained from the offenses set forth in this Convention to another State Party without prior request, when it considers that disclosing such information may assist the recipient State Party in initiating or conducting an investigation, prosecution, or trial, or may lead to the recipient State Party making a request under this Chapter. 

Article 57. Return and Disposal of Assets

1. Assets confiscated by a State Party pursuant to Articles 31 and 55 of this Convention shall be disposed of by that State Party, including returning them to the previous lawful owner, in accordance with the provisions of this Convention and its national laws, as provided for in Paragraph 3 of this Article.

2. Each State Party shall adopt legislative measures or other necessary measures consistent with the fundamental principles of its national law to enable its competent authorities to return confiscated assets upon the request of another State Party, based on the provisions of this Convention, taking into account the rights of bona fide third parties.

1. Pursuant to Articles 46 and 55 of this Convention and Paragraphs 1 and 2 of this Article, the requested State shall:

(a) In cases of embezzlement of public funds or money laundering derived from embezzled public funds as set out in Articles 17 and 23 of this Convention, where confiscation is carried out under Article 55 and based on a final judgment of the requesting State – a condition which the requested State may waive – return the confiscated assets to the requesting State.

(b) In cases of assets obtained through offenses as defined in this Convention, where confiscation is carried out under Article 55 of this Convention and based on a final judgment of the requesting State – a condition which the requested State may waive – return the confiscated assets to the requesting State if the requesting State can reasonably prove to the requested State its prior ownership of the confiscated assets or if the requested State acknowledges damage to the requesting State as grounds for returning the confiscated assets;

(c) In all other cases, return the assets to the previous lawful owner or compensate the victim of the offense, prioritizing the return of confiscated assets to the requesting State Party.

2. Where appropriate, unless otherwise decided by the States Parties, the requested State may deduct reasonable costs incurred during the investigation, prosecution, and trial leading to the return or disposal of confiscated assets under this Article.

3. Where appropriate, the States Parties may also consider entering into agreements or arrangements, accepted on a case-by-case basis, to make final decisions regarding confiscated assets.

Article 58. Financial Intelligence Unit

The States Parties shall cooperate with each other to prevent and combat the transfer of assets obtained through the offenses defined in this Convention and promote methods and measures to recover such assets. To achieve these objectives, the States Parties shall consider establishing a financial intelligence unit responsible for receiving, analyzing, and forwarding reports on suspicious financial transactions to competent authorities.

Article 59. Bilateral and Multilateral Agreements and Arrangements

Member States shall consider entering into bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation as provided for in this Chapter of the Convention.

Chapter VI

TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE

Article 60. Training and Technical Assistance

1. Each Member State, to the extent necessary, shall initiate, develop, or strengthen specific training programs for personnel responsible for preventing and combating corruption within their respective countries. Such training programs shall include the following aspects:

(a) Effective measures for preventing, detecting, investigating, punishing, and controlling corruption, including the use of investigative methods and evidence collection;

(b) Building capacity in the process of formulating and planning strategic anti-corruption policies;

(c) Training competent authorities in preparing requests for mutual legal assistance that meet the requirements of this Convention;

(d) Evaluating and reinforcing institutional systems, public service management activities, and public financial management, including procurement, and the private sector;

(e) Preventing and combating the transfer of assets obtained from crimes defined in this Convention and recovering such assets;

(f) Detecting and freezing the transfer of assets obtained from crimes defined in this Convention;

(g) Monitoring the movement of assets obtained from crimes defined in this Convention; measures for transferring, concealing, and disguising such assets;

(h) Implementing appropriate and effective administrative and legal measures to support the return of assets obtained from crimes defined in this Convention;

(i) Measures to protect victims and witnesses – those who cooperate with judicial authorities; and

(j) Training on national and international regulations and languages.

2. Member States, according to their capabilities, shall consider providing each other with maximum technical assistance, particularly for the benefit of developing countries, in accordance with each country's anti-corruption plans and programs, including material support and training in the areas specified in Clause 1 of this Article, as well as training and assistance; and exchanging experiences and specialized knowledge among themselves to enhance international cooperation between Member States in the field of extradition and mutual legal assistance.

3. Member States shall intensify, to the extent possible, efforts to maximize practical activities and training in regional and international organizations and within the framework of bilateral and multilateral agreements and arrangements.

4. Member States shall consider supporting each other, if requested, in evaluating, learning, and researching types, causes, impacts of corruption, and losses caused by corruption in their own countries, aiming to develop anti-corruption strategies and action programs involving competent authorities and society.

5. To support the recovery of assets obtained from crimes defined in this Convention, Member States may cooperate in providing each other with the names of experts who can assist in achieving these goals.

6. Member States shall consider using sub-regional, regional, and international conferences and seminars to enhance cooperation and technical assistance and promote discussions on common issues, including special issues and needs of developing countries and countries with economies in transition.

7. Member States shall consider establishing voluntary mechanisms to financially contribute to the implementation efforts of this Convention by developing countries and countries with economies in transition through technical assistance programs and projects.

8. Member States shall consider voluntarily contributing to the International Centre for the Prevention of Crime to promote programs and projects in developing countries aimed at implementing this Convention through the Centre.

Article 61. Collection, exchange and analysis of information on corruption

1. Each State Party, upon consultation with experts, shall examine and analyze trends in corruption within its territory as well as the circumstances in which corruption occurs.

2. State Parties shall consider developing and sharing data on corruption, expert analysis of information and corruption (among themselves or through international and regional organizations), with the aim of developing, to the extent possible, common definitions, standards or methodologies while sharing information on good practices in preventing and combating corruption.

3. Each State Party shall consider regulating its policies and measures for preventing and combating corruption, and assess their effectiveness and efficiency.

Article 62. Other Measures: Implementation of the Convention through economic development and technical assistance

1. To the extent possible, State Parties shall apply measures to promote the full implementation of this Convention through international cooperation, taking into account the negative impact of corruption on society as a whole and on sustainable development in particular.

2. State Parties must make specific efforts, to the extent possible and in cooperation with each other, and with regional and international organizations:

(a) To enhance cooperation at various levels with developing countries, to assist these countries in strengthening their capacity to prevent and combat corruption;

(b) To enhance material and financial assistance to support developing countries in effectively preventing and combating corruption and helping them successfully implement this Convention;

(c) To provide technical assistance to developing countries and economies in transition, to help them meet the requirements for implementing this Convention. For this purpose, State Parties must endeavor to regularly and appropriately contribute voluntary funds to a special account established for this purpose within a United Nations financing mechanism. State Parties may also, in accordance with their national laws and the provisions of this Convention, particularly consider contributing a percentage of the amount or value of assets derived from criminal activity or confiscated assets under this Convention to that account.

(d) To encourage and persuade States and other financial institutions to join the efforts provided for in this Article, specifically by providing more training programs and modern equipment to developing countries to support these countries in achieving the objectives of this Convention.

3. To the extent possible, these measures shall not affect existing commitments to international aid or other financial cooperation agreements at bilateral, regional and international levels.

4. State Parties may conclude agreements, bilateral or multilateral arrangements on material and logistical assistance, taking into account the necessary financial agreements to ensure the effectiveness of the international cooperation measures prescribed by this Convention for the prevention, detection and control of corruption.

Chapter VII

IMPLEMENTATION MECHANISMS OF THE CONVENTION

Article 63. Meeting of the States Parties

1. The Meeting of the States Parties shall be established to enhance capacity and cooperation among the States Parties for the achievement of the objectives set forth in this Convention and to promote and review the implementation of the Convention.

2. The Secretary-General of the United Nations shall convene the first Meeting of the States Parties not later than one year after the entry into force of this Convention. Thereafter, regular meetings of the Meeting of the States Parties shall be held in accordance with the rules of procedure adopted by the Meeting.

3. The Meeting of the States Parties shall adopt the rules of procedure and the rules governing the management of its functions set out in this Article, including the accession regulations and observer participation approval procedures, as well as the payment of expenses arising from the conduct of these activities.

4. The Meeting of the States Parties shall harmonize activities, procedures, and working methods to achieve the objectives set forth in Clause 1 of this Article, including:

(a) Facilitating the activities of the States Parties under Articles 60 and 62 and Chapters II through V of this Convention, including encouraging voluntary contributions;

(b) Facilitating the exchange of information among the States Parties on forms and trends of corruption and successful practices in preventing and combating corruption and in recovering proceeds of crime, including the adoption and publication of relevant information referred to in this Article;

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

(d) Appropriately utilizing relevant information provided by other regional and international mechanisms to prevent and combat corruption to avoid duplication of efforts;

(e) Periodically reviewing the implementation of this Convention by the States Parties;

(f) Proposing measures to strengthen this Convention and its implementation;

(g) Noting requests for technical assistance from the States Parties related to the implementation of this Convention and recommending actions that the Meeting considers necessary for this purpose.

5. To implement Clause 4 of this Article, the Meeting of the States Parties must obtain necessary information about the measures taken by the States Parties to implement this Convention and the difficulties encountered by the States Parties in implementing it through information provided by the States Parties and through additional review mechanisms that may be established by the Meeting of the States Parties.

6. Each State Party shall provide the Meeting of the States Parties with information on programs, plans, and practices, as well as legislative and administrative measures to implement this Convention at the request of the Meeting of the States Parties. The Meeting of the States Parties shall consider the most effective means of receiving and acting upon the information provided, including information received from the States Parties and relevant international organizations. Information received from relevant non-governmental organizations recognized as legitimate according to the process established by the Meeting of the States Parties may also be considered.

7. On the basis of Clauses 4 to 6 of this Article, the Meeting of the States Parties may establish any appropriate mechanism or body, if the Meeting deems it necessary, to assist in the effective implementation of this Convention.

Article 64. Secretariat

1. The Secretary-General of the United Nations shall ensure the secretariat work for this Conference of States Parties.

2. The Secretariat shall:

(a) Assist the Conference of States Parties in carrying out activities as provided for in Article 63 of this Convention and prepare for its sessions;

(b) Upon request, assist States Parties in providing information to the Conference of States Parties as provided for in Clauses 5 and 6 of Article 63 of this Convention;

(c) Ensure necessary coordination with the secretariats of relevant international and regional organizations.

Chapter VIII

FINAL PROVISIONS

Article 65. Implementation of the Convention

1. States Parties shall take such measures as may be necessary, including legislative and administrative measures, consistent with their fundamental principles of national law, to give effect to their obligations under the Convention.

2. Each State Party may adopt more stringent measures than those provided for in this Convention for the purpose of preventing and combating corruption.

Article 66. Settlement of Disputes

1. States Parties shall endeavor to settle disputes relating to the interpretation or application of this Convention through negotiation.

2. A dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time limit, at the request of one of the States Parties concerned, shall be submitted to arbitration. If, six months from the date of the request for submission of the dispute to arbitration, the States Parties concerned have not agreed on the organization of the arbitral tribunal, any one of them may bring the dispute before the International Court of Justice in accordance with the Statute of the Court.

3. Each State Party, at the time of signature, ratification, acceptance, approval or accession to this Convention, may declare that it does not recognize as binding upon it the provisions of paragraph 2 of this Article. Other States Parties shall not be bound by the provisions of paragraph 2 of this Article with respect to the States Parties making such a reservation.

4. A State Party which has made a reservation pursuant to paragraph 3 of this Article may withdraw that reservation at any time by notification to the Secretary-General of the United Nations.

Article 67. Signature, Ratification, Acceptance, Approval and Accession

1. This Convention shall be open for signature by all States from 9 to 11 December 2003 in Mérida, Mexico, and thereafter at the Headquarters of the United Nations in New York until 9 December 2005.

2. This Convention shall also be open for signature by regional economic integration organizations subject to the condition that at least one of its member States has signed this Convention in accordance with paragraph 1 of this Article.

3. This Convention shall enter into force for States Parties upon deposit of instruments of ratification, acceptance or approval with the Secretary-General of the United Nations. A regional economic integration organization may deposit an instrument of ratification, acceptance or approval if at least one of its member States has deposited such an instrument. In the instrument of ratification, acceptance or approval, the organization shall declare the extent of its competence with regard to matters governed by this Convention. The organization shall also notify the depositary of any change in the extent of its competence.

4. This Convention shall be open for accession by all States and regional economic integration organizations, provided that at least one of its member States is a party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of accession, a regional economic integration organization shall declare the extent of its competence with regard to matters governed by this Convention. The organization shall also notify the depositary of any change in the extent of its competence.

Article 68. Effectiveness

1. This Convention shall enter into force on the ninetieth day following the date of deposit of the thirtieth instrument of ratification, acceptance, approval, or accession. For the purposes of this paragraph, instruments deposited by regional economic integration organizations shall not be counted for the purpose of bringing the number of instruments of ratification, acceptance, approval, or accession to thirty.

2. As regards States and regional economic integration organizations that deposit their instruments of ratification, acceptance, approval, or accession after the Convention has entered into force in accordance with paragraph 1, the Convention shall enter into force for each such State or organization on the ninetieth day following the date of deposit of its instrument of ratification, acceptance, approval, or accession, or on the date on which the Convention enters into force pursuant to paragraph 1, whichever is later.

Article 69. Amendments

1. Five years after the entry into force of this Convention, a State Party may propose an amendment and transmit it to the Secretary-General of the United Nations, who shall then communicate the proposed amendment to all State Parties and the Conference of the State Parties for consideration and decision thereon. The Conference of the State Parties shall make every effort to reach agreement on each proposed amendment. If all efforts to reach agreement have been exhausted but no agreement has been reached, the proposed amendment shall be adopted by a two-thirds majority of the States Parties present and voting at the meeting of the Conference of the State Parties.

2. Regional economic integration organizations, with respect to 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 their right, and vice versa.

3. Any amendment adopted in accordance with paragraph 1 of this Article shall be subject to ratification, acceptance, or approval by the States Parties.

4. An amendment adopted in accordance with paragraph 1 of this Article shall enter into force for a State Party on the ninetieth day following the date of deposit with the Secretary-General of the United Nations of the instrument of ratification, acceptance, or approval of the amendment.

5. When an amendment enters into force, it shall be binding upon those States Parties that have expressed their consent to be bound by it. Other States Parties shall remain bound by the provisions of this Convention and previous amendments that they have ratified, accepted, or approved.

Article 70. Withdrawal from the Convention

1. A State Party may withdraw from this Convention by means of a notification in writing addressed to the Secretary-General of the United Nations. Withdrawal shall take effect one year after receipt by the Secretary-General of the notification.

2. A regional economic integration organization shall cease to be a party to this Convention when all of its member States have withdrawn from it.

Article 71. Depositary and Language

1. The Secretary-General of the United Nations shall be the depositary of this Convention.

2. The original texts of this Convention, in Arabic, Chinese, English, French, Russian, and Spanish, shall be equally authentic and 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.