Article 13 to Article 30
Part 4
Article 13- Participation of society
1.
Each State Party shall take appropriate measures, within its means and
in accordance with fundamental principles of its domestic law, to promote the
active participation of individuals and groups outside the public sector, such as
civil society, non-governmental organizations and community-based organiza-
tions, in the prevention of and the fight against corruption and to raise public
awareness regarding the existence, causes and gravity of and the threat posed by
corruption. This participation should be strengthened by such measures as:
(a) Enhancing the transparency of and promoting the contribution of the
public to decision-making processes;
(b) Ensuring that the public has effective access to information;
(c) Undertaking public information activities that contribute to non-tolerance of corruption, as well as public education programmes, including school and university curricula;
(d) Respecting, promoting and protecting the freedom to seek, receive,
publish and disseminate information concerning corruption. That freedom may
be subject to certain restrictions, but these shall only be such as are provided for
by law and are necessary:
(i) For respect of the rights or reputations of others;
(ii) For the protection of national security or ordre public or of
public health or morals.
2.
Each State Party shall take appropriate measures to ensure that the
relevant anti-corruption bodies referred to in this Convention are known to the
public and shall provide access to such bodies, where appropriate, for the re-
porting, including anonymously, of any incidents that may be considered to
constitute an offence established in accordance with this Convention
Article 14. Measures to prevent money-laundering
1. Each State Party shall:
(a) Institute a comprehensive domestic regulatory and supervisory regime
for banks and non-bank financial institutions, including natural or legal persons
that provide formal or informal services for the transmission of money or value
and, where appropriate, other bodies particularly susceptible to money-
laundering, within its competence, in order to deter and detect all forms of
money-laundering, which regime shall emphasize requirements for customer
and, where appropriate, beneficial owner identification, record-keeping and the
reporting of suspicious transactions;
(b) Without prejudice to article 46 of this Convention, ensure that ad-
ministrative, regulatory, law enforcement and other authorities dedicated to
combating money-laundering (including, where appropriate under domestic
law, judicial authorities) have the ability to cooperate and exchange information
at the national and international levels within the conditions prescribed by its
domestic law and, to that end, shall consider the establishment of a financial
intelligence unit to serve as a national centre for the collection, analysis and
dissemination of information regarding potential money-laundering.
2.
States Parties shall consider implementing feasible measures to detect
and monitor the movement of cash and appropriate negotiable instruments
across their borders, subject to safeguards to ensure proper use of information
and without impeding in any way the movement of legitimate capital. Such
measures may include a requirement that individuals and businesses report the
cross-border transfer of substantial quantities of cash and appropriate negotiable
instruments.
3.
States Parties shall consider implementing appropriate and feasible
measures to require financial institutions, including money remitters:
(a) To include on forms for the electronic transfer of funds and related
messages accurate and meaningful information on the originator;
(b) To maintain such information throughout the payment chain; and
(c) To apply enhanced scrutiny to transfers of funds that do not contain
complete information on the originator.
4.
In establishing a domestic regulatory and supervisory regime under the
terms of this article, and without prejudice to any other article of this Conven-
tion, States Parties are called upon to use as a guideline the relevant initiatives of
regional, interregional and multilateral organizations against money-laundering.
5.
States Parties shall endeavour to develop and promote global, regional,
subregional and bilateral cooperation among judicial, law enforcement and
financial regulatory authorities in order to combat money-laundering.
Chapter III
Criminalization and law enforcement
Article 15. Bribery of national public officials
Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences, when committed intentionally:
(a) The promise, offering or giving, to a public official, directly or indi-
rectly, of an undue advantage, for the official himself or herself or another
person or entity, in order that the official act or refrain from acting in the
exercise of his or her official duties;
(b) The solicitation or acceptance by a public official, directly or indi-
rectly, of an undue advantage, for the official himself or herself or another
person or entity, in order that the official act or refrain from acting in the
exercise of his or her official duties.
Article 16. Bribery of foreign public officials and officials
of public international organizations
1.
Each State Party shall adopt such legislative and other measures as
may be necessary to establish as a criminal offence, when committed intention-
ally, the promise, offering or giving to a foreign public official or an official of
a public international organization, directly or indirectly, of an undue advan-
tage, for the official himself or herself or another person or entity, in order that
the official act or refrain from acting in the exercise of his or her official duties,
in order to obtain or retain business or other undue advantage in relation to the
conduct of international business
2.
Each State Party shall consider adopting such legislative and other
measures as may be necessary to establish as a criminal offence, when committed
intentionally, the solicitation or acceptance by a foreign public official or an
official of a public international organization, directly or indirectly, of an
undue advantage, for the official himself or herself or another person or entity,
in order that the official act or refrain from acting in the exercise of his or her
official duties.
Article 17. Embezzlement, misappropriation or
other diversion of property by a public official
Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences, when committed intentionally, the
embezzlement, misappropriation or other diversion by a public official for his
or her benefit or for the benefit of another person or entity, of any property,
public or private funds or securities or any other thing of value entrusted to the
public official by virtue of his or her position.
Article 18. Trading in influence
Each State Party shall consider adopting such legislative and other meas-
ures as may be necessary to establish as criminal offences, when committed
intentionally:
(a) The promise, offering or giving to a public official or any other per-
son, directly or indirectly, of an undue advantage in order that the public
official or the person abuse his or her real or supposed influence with a view
to obtaining from an administration or public authority of the State Party an
undue advantage for the original instigator of the act or for any other person;
(b) The solicitation or acceptance by a public official or any other person,
directly or indirectly, of an undue advantage for himself or herself or for another
person in order that the public official or the person abuse his or her real or
supposed influence with a view to obtaining from an administration or public
authority of the State Party an undue advantage.
Article 19. Abuse of functions
Each State Party shall consider adopting such legislative and other meas-
ures as may be necessary to establish as a criminal offence, when committed
intentionally, the abuse of functions or position, that is, the performance of or
failure to perform an act, in violation of laws, by a public official in the
discharge of his or her functions, for the purpose of obtaining an undue advan-
tage for himself or herself or for another person or entity.
Article 20. Illicit enrichment
Subject to its constitution and the fundamental principles of its legal sys-
tem, each State Party shall consider adopting such legislative and other measures
as may be necessary to establish as a criminal offence, when committed inten-
tionally, illicit enrichment, that is, a significant increase in the assets of a public
official that he or she cannot reasonably explain in relation to his or her lawful
income.
Article 21. Bribery in the private sector
Each State Party shall consider adopting such legislative and other meas-
ures as may be necessary to establish as criminal offences, when committed
intentionally in the course of economic, financial or commercial activities:
(a) The promise, offering or giving, directly or indirectly, of an undue
advantage to any person who directs or works, in any capacity, for a private
sector entity, for the person himself or herself or for another person, in order
that he or she, in breach of his or her duties, act or refrain from acting;
(b) The solicitation or acceptance, directly or indirectly, of an undue
advantage by any person who directs or works, in any capacity, for a private
sector entity, for the person himself or herself or for another person, in order
that he or she, in breach of his or her duties, act or refrain from acting
Article 22. Embezzlement of property in the private sector
Each State Party shall consider adopting such legislative and other meas-
ures as may be necessary to establish as a criminal offence, when committed
intentionally in the course of economic, financial or commercial activities,
embezzlement by a person who directs or works, in any capacity, in a private
sector entity of any property, private funds or securities or any other thing of
value entrusted to him or her by virtue of his or her position.
Article 23. Laundering of proceeds of crime
1. Each State Party shall adopt, in accordance with fundamental prin-
ciples of its domestic law, such legislative and other measures as may be
necessary to establish as criminal offences, when committed intentionally:
(a)
(i) The conversion or transfer of property, knowing that such
property is the proceeds of crime, for the purpose of concealing
or disguising the illicit origin of the property or of helping any
person who is involved in the commission of the predicate
offence to evade the legal consequences of his or her action;
(ii) The concealment or disguise of the true nature, source, location,
disposition, movement or ownership of or rights with respect to
property, knowing that such property is the proceeds of crime;
(b) Subject to the basic concepts of its legal system:
(i) The acquisition, possession or use of property, knowing, at the
time of receipt, that such property is the proceeds of crime;
(ii) Participation in, association with or conspiracy to commit,
attempts to commit and aiding, abetting, facilitating and coun-
selling the commission of any of the offences established in
accordance with this article.
2. For purposes of implementing or applying paragraph 1 of this article:
(a) Each State Party shall seek to apply paragraph 1 of this article to the
widest range of predicate offences;
(b) Each State Party shall include as predicate offences at a minimum a
comprehensive range of criminal offences established in accordance with this
Convention;
c) For the purposes of subparagraph (b) above, predicate offences shall
include offences committed both within and outside the jurisdiction of the State
Party in question. However, offences committed outside the jurisdiction of a
State Party shall constitute predicate offences only when the relevant conduct is
a criminal offence under the domestic law of the State where it is committed
and would be a criminal offence under the domestic law of the State Party
implementing or applying this article had it been committed there;
(d) Each State Party shall furnish copies of its laws that give effect to this
article and of any subsequent changes to such laws or a description thereof to
the Secretary-General of the United Nations;
(e) If required by fundamental principles of the domestic law of a State
Party, it may be provided that the offences set forth in paragraph 1 of this article
do not apply to the persons who committed the predicate offence.
Article 24. Concealment
Without prejudice to the provisions of article 23 of this Convention, each
State Party shall consider adopting such legislative and other measures as may
be necessary to establish as a criminal offence, when committed intentionally
after the commission of any of the offences established in accordance with this
Convention without having participated in such offences, the concealment or
continued retention of property when the person involved knows that such
property is the result of any of the offences established in accordance with this
Convention.
Article 25. Obstruction of justice
Each State Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences, when committed intentionally:
(a) The use of physical force, threats or intimidation or the promise,
offering or giving of an undue advantage to induce false testimony or to inter-
fere in the giving of testimony or the production of evidence in a proceeding
in relation to the commission of offences established in accordance with this
Convention;
(b) The use of physical force, threats or intimidation to interfere with the
exercise of official duties by a justice or law enforcement official in relation to
the commission of offences established in accordance with this Convention.
Nothing in this subparagraph shall prejudice the right of States Parties to have
legislation that protects other categories of public official.
Article 26. Liability of legal persons
1.
Each State Party shall adopt such measures as may be necessary,
consistent with its legal principles, to establish the liability of legal persons for
participation in the offences established in accordance with this Convention.
2.
Subject to the legal principles of the State Party, the liability of legal
persons may be criminal, civil or administrative.
3.
Such liability shall be without prejudice to the criminal liability of the
natural persons who have committed the offences.
4.
Each State Party shall, in particular, ensure that legal persons
held liable in accordance with this article are subject to effective, proportionate
and dissuasive criminal or non-criminal sanctions, including monetary
sanctions.
Article 27. Participation and attempt
1.
Each State Party shall adopt such legislative and other measures as
may be necessary to establish as a criminal offence, in accordance with its
domestic law, participation in any capacity such as an accomplice, assistant or
instigator in an offence established in accordance with this Convention.
2.
Each State Party may adopt such legislative and other measures as may
be necessary to establish as a criminal offence, in accordance with its domestic
law, any attempt to commit an offence established in accordance with this
Convention.
3.
Each State Party may adopt such legislative and other measures as may
be necessary to establish as a criminal offence, in accordance with its domestic
law, the preparation for an offence established in accordance with this
Convention.
Article 28. Knowledge, intent and purpose as elements of an offence
Knowledge, intent or purpose required as an element of an offence estab-
lished in accordance with this Convention may be inferred from objective
factual circumstances.
Article 29. Statute of limitations
Each State Party shall, where appropriate, establish under its domestic law
a long statute of limitations period in which to commence proceedings for any
offence established in accordance with this Convention and establish a longer
statute of limitations period or provide for the suspension of the statute of
limitations where the alleged offender has evaded the administration of justice.
Article 30. Prosecution, adjudication and sanctions
1.
Each State Party shall make the commission of an offence established
in accordance with this Convention liable to sanctions that take into account
the gravity of that offence.
2.
Each State Party shall take such measures as may be necessary to
establish or maintain, in accordance with its legal system and constitutional
principles, an appropriate balance between any immunities or jurisdictional
privileges accorded to its public officials for the performance of their functions
and the possibility, when necessary, of effectively investigating, prosecuting and
adjudicating offences established in accordance with this Convention.
3.
Each State Party shall endeavour to ensure that any discretionary legal
powers under its domestic law relating to the prosecution of persons for offences
established in accordance with this Convention are exercised to maximize the
effectiveness of law enforcement measures in respect of those offences and with
due regard to the need to deter the commission of such offences.
4.
In the case of offences established in accordance with this Conven-
tion, each State Party shall take appropriate measures, in accordance with its
domestic law and with due regard to the rights of the defence, to seek to ensure
that conditions imposed in connection with decisions on release pending trial
or appeal take into consideration the need to ensure the presence of the defend-
ant at subsequent criminal proceedings.
5.
Each State Party shall take into account the gravity of the offences
concerned when considering the eventuality of early release or parole of persons
convicted of such offences.
6.
Each State Party, to the extent consistent with the fundamental prin-
ciples of its legal system, shall consider establishing procedures through which
a public official accused of an offence established in accordance with this Con-
vention may, where appropriate, be removed, suspended or reassigned by the
appropriate authority, bearing in mind respect for the principle of the presump-
tion of innocence.
7.
Where warranted by the gravity of the offence, each State Party, to the
extent consistent with the fundamental principles of its legal system, shall con-
sider establishing procedures for the disqualification, by court order or any
other appropriate means, for a period of time determined by its domestic law,
of persons convicted of offences established in accordance with this Convention
from:
(a) Holding public office; and
(b) Holding office in an enterprise owned in whole or in part by the
State.
8.
Paragraph 1 of this article shall be without prejudice to the exercise of
disciplinary powers by the competent authorities against civil servants.
9.
Nothing contained in this Convention shall affect the principle that
the description of the offences established in accordance with this Convention
and of the applicable legal defences or other legal principles controlling the
lawfulness of conduct is reserved to the domestic law of a State Party and that
such offences shall be prosecuted and punished in accordance with that law.
10.
States Parties shall endeavour to promote the reintegration into society
of persons convicted of offences established in accordance with this Convention.
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Thursday, April 14, 2011
Keywords Tags – Corruption UN Law
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