Know about United Nations Convention against Corruption law Article 60 to Article 70 Part 7 - Last Part

Know about United Nations Convention against Corruption law
Article 60 to Article 70 Part 7 - Last Part

Chapter VI

Technical assistance and information exchange

Article 60. Training and technical assistance

1. Each State Party shall, to the extent necessary, initiate, develop or
improve specific training programmes for its personnel responsible for prevent-
ing and combating corruption. Such training programmes could deal, inter alia,
with the following areas:



(a) Effective measures to prevent, detect, investigate, punish and control
corruption, including the use of evidence-gathering and investigative methods;

(b) Building capacity in the development and planning of strategic anti-
corruption policy;

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

(d) Evaluation and strengthening of institutions, public service manage-
ment and the management of public finances, including public procurement,
and the private sector;

(e) Preventing and combating the transfer of proceeds of offences estab-
lished in accordance with this Convention and recovering such proceeds;

(f) Detecting and freezing of the transfer of proceeds of offences estab-
lished in accordance with this Convention;

(g) Surveillance of the movement of proceeds of offences established in
accordance with this Convention and of the methods used to transfer, conceal
or disguise such proceeds;

(h) Appropriate and efficient legal and administrative mechanisms and
methods for facilitating the return of proceeds of offences established in accord-
ance with this Convention;

(i) Methods used in protecting victims and witnesses who cooperate with
judicial authorities; and

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

2. States Parties shall, according to their capacity, consider affording one
another the widest measure of technical assistance, especially for the benefit of
developing countries, in their respective plans and programmes to combat
corruption, including material support and training in the areas referred to in
paragraph 1 of this article, and training and assistance and the mutual exchange
of relevant experience and specialized knowledge, which will facilitate inter-
national cooperation between States Parties in the areas of extradition and
mutual legal assistance.

3. States Parties shall strengthen, to the extent necessary, efforts to maxi-
mize operational and training activities in international and regional organiza-
tions and in the framework of relevant bilateral and multilateral agreements or
arrangements.

4. States Parties shall consider assisting one another, upon request, in
conducting evaluations, studies and research relating to the types, causes, effects
and costs of corruption in their respective countries, with a view to developing,
with the participation of competent authorities and society, strategies and action
plans to combat corruption.

5. In order to facilitate the recovery of proceeds of offences established
in accordance with this Convention, States Parties may cooperate in providing
each other with the names of experts who could assist in achieving that
objective.
6. States Parties shall consider using subregional, regional and interna-
tional conferences and seminars to promote cooperation and technical assistance
and to stimulate discussion on problems of mutual concern, including the
special problems and needs of developing countries and countries with econo-
mies in transition.
7. States Parties shall consider establishing voluntary mechanisms with a
view to contributing financially to the efforts of developing countries and coun-
tries with economies in transition to apply this Convention through technical
assistance programmes and projects.
8. Each State Party shall consider making voluntary contributions to the
United Nations Office on Drugs and Crime for the purpose of fostering,
through the Office, programmes and projects in developing countries with a
view to implementing this Convention.

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

1. Each State Party shall consider analysing, in consultation with experts,
trends in corruption in its territory, as well as the circumstances in which
corruption offences are committed.

2. States Parties shall consider developing and sharing with each other
and through international and regional organizations statistics, analytical exper-
tise concerning corruption and information with a view to developing, insofar
as possible, common definitions, standards and methodologies, as well as infor-
mation on best practices to prevent and combat corruption.

3. Each State Party shall consider monitoring its policies and actual
measures to combat corruption and making assessments of their effectiveness
and efficiency.

Article 62. Other measures: implementation of the Convention through economic development and technical assistance

1. States Parties shall take measures conducive to the optimal implemen-
tation of this Convention to the extent possible, through international coopera-
tion, taking into account the negative effects of corruption on society in general,
in particular on sustainable development

2. States Parties shall make concrete efforts to the extent possible and
in coordination with each other, as well as with international and regional
organizations:

(a) To enhance their cooperation at various levels with developing coun-
tries, with a view to strengthening the capacity of the latter to prevent and
combat corruption;

(b) To enhance financial and material assistance to support the efforts of
developing countries to prevent and fight corruption effectively and to help
them implement this Convention successfully;

(c) To provide technical assistance to developing countries and countries
with economies in transition to assist them in meeting their needs for the
implementation of this Convention. To that end, States Parties shall endeavour
to make adequate and regular voluntary contributions to an account specifically
designated for that purpose in a United Nations funding mechanism. States
Parties may also give special consideration, in accordance with their domestic
law and the provisions of this Convention, to contributing to that account a
percentage of the money or of the corresponding value of proceeds of crime or
property confiscated in accordance with the provisions of this Convention;

(d) To encourage and persuade other States and financial institutions as
appropriate to join them in efforts in accordance with this article, in particular
by providing more training programmes and modern equipment to developing
countries in order to assist them in achieving the objectives of this Convention.

3. To the extent possible, these measures shall be without prejudice to
existing foreign assistance commitments or to other financial cooperation
arrangements at the bilateral, regional or international level.
4. States Parties may conclude bilateral or multilateral agreements or
arrangements on material and logistical assistance, taking into consideration the
financial arrangements necessary for the means of international cooperation
provided for by this Convention to be effective and for the prevention, detec-
tion and control of corruption.

Chapter VII

Mechanisms for implementation

Article 63. Conference of the States Parties to the Convention

1. A Conference of the States Parties to the Convention is hereby estab-
lished to improve the capacity of and cooperation between States Parties to
achieve the objectives set forth in this Convention and to promote and review
its implementation.

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

3. The Conference of the States Parties shall adopt rules of procedure
and rules governing the functioning of the activities set forth in this article,
including rules concerning the admission and participation of observers, and the
payment of expenses incurred in carrying out those activities.

4. The Conference of the States Parties shall agree upon activities, pro-
cedures and methods of work to achieve the objectives set forth in paragraph 1
of this article, including:

(a) Facilitating activities by States Parties under articles 60 and 62 and
chapters II to V of this Convention, including by encouraging the mobilization
of voluntary contributions;

(b) Facilitating the exchange of information among States Parties on
patterns and trends in corruption and on successful practices for preventing and
combating it and for the return of proceeds of crime, through, inter alia, the
publication of relevant information as mentioned in this article;

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

(d) Making appropriate use of relevant information produced by other
international and regional mechanisms for combating and preventing corrup-
tion in order to avoid unnecessary duplication of work;

(e) Reviewing periodically the implementation of this Convention by its
States Parties;

(f) Making recommendations to improve this Convention and its
implementation;

(g) Taking note of the technical assistance requirements of States Parties
with regard to the implementation of this Convention and recommending any
action it may deem necessary in that respect.

5. For the purpose of paragraph 4 of this article, the Conference of the
States Parties shall acquire the necessary knowledge of the measures taken by
States Parties in implementing this Convention and the difficulties encountered
by them in doing so through information provided by them and through such
supplemental review mechanisms as may be established by the Conference of
the States Parties.

6. Each State Party shall provide the Conference of the States Parties
with information on its programmes, plans and practices, as well as on legisla-
tive and administrative measures to implement this Convention, as required by
the Conference of the States Parties. The Conference of the States Parties shall
examine the most effective way of receiving and acting upon information, in-
cluding, inter alia, information received from States Parties and from competent
international organizations. Inputs received from relevant non-governmental
organizations duly accredited in accordance with procedures to be decided upon
by the Conference of the States Parties may also be considered.

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

Article 64. Secretariat

1. The Secretary-General of the United Nations shall provide the
necessary secretariat services to the Conference of the States Parties to the
Convention.
2. The secretariat shall:
(a) Assist the Conference of the States Parties in carrying out the activities
set forth in article 63 of this Convention and make arrangements and provide
the necessary services for the sessions of the Conference of the States Parties;
(b) Upon request, assist States Parties in providing information to the
Conference of the States Parties as envisaged in article 63, paragraphs 5 and 6,
of this Convention; and
(c) Ensure the necessary coordination with the secretariats of relevant
international and regional organizations.

Chapter VIII
Final provisions

Article 65. Implementation of the Convention

1. Each State Party shall take the necessary measures, including legisla-
tive and administrative measures, in accordance with fundamental principles of
its domestic law, to ensure the implementation of its obligations under this
Convention
2. Each State Party may adopt more strict or severe measures than those
provided for by this Convention for preventing and combating corruption.

Article 66. Settlement of disputes

l. States Parties shall endeavour to settle disputes concerning the inter-
pretation or application of this Convention through negotiation.

2. Any dispute between two or more States Parties concerning the inter-
pretation or application of this Convention that cannot be settled through
negotiation within a reasonable time shall, at the request of one of those States
Parties, be submitted to arbitration. If, six months after the date of the request
for arbitration, those States Parties are unable to agree on the organization of the
arbitration, any one of those States Parties may refer the dispute to the Interna-
tional Court of Justice by request in accordance with the Statute of the Court.

3. Each State Party may, at the time of signature, ratification, acceptance
or approval of or accession to this Convention, declare that it does not consider
itself bound by paragraph 2 of this article. The other States Parties shall not be
bound by paragraph 2 of this article with respect to any State Party that has
made such a reservation.

4. Any State Party that has made a reservation in accordance with para-
graph 3 of this article may at any time withdraw that reservation by notification
to the Secretary-General of the United Nations.

Article 67. Signature, ratification, acceptance,approval and accession

1. This Convention shall be open to all States for signature from 9 to
11 December 2003 in Merida, Mexico, and thereafter at United Nations Head-
quarters in New York until 9 December 2005.
2. This Convention shall also be open for signature by regional economic
integration organizations provided that at least one member State of such organi-
zation has signed this Convention in accordance with paragraph 1 of this article.
3. This Convention is subject to ratification, acceptance or approval.

Instruments of ratification, acceptance or approval shall be deposited with the
Secretary-General of the United Nations. A regional economic integration
organization may deposit its instrument of ratification, acceptance or approval
if at least one of its member States has done likewise. In that instrument of
atification, acceptance or approval, such organization shall declare the extent of
its competence with respect to the matters governed by this Convention. Such
organization shall also inform the depositary of any relevant modification in the
extent of its competence.

4. This Convention is open for accession by any State or any regional
economic integration organization of which at least one member State is a Party
to this Convention. Instruments of accession shall be deposited with the
Secretary-General of the United Nations. At the time of its accession, a regional
economic integration organization shall declare the extent of its competence
with respect to matters governed by this Convention. Such organization shall
also inform the depositary of any relevant modification in the extent of its
competence.

Article 68. Entry into force

1. This Convention shall enter into force on the ninetieth day after the
date of deposit of the thirtieth instrument of ratification, acceptance, approval
or accession. For the purpose of this paragraph, any instrument deposited by a
regional economic integration organization shall not be counted as additional to
those deposited by member States of such organization.

2. For each State or regional economic integration organization ratifying,
accepting, approving or acceding to this Convention after the deposit of the
thirtieth instrument of such action, this Convention shall enter into force on
the thirtieth day after the date of deposit by such State or organization of the
relevant instrument or on the date this Convention enters into force pursuant
to paragraph 1 of this article, whichever is later.

Article 69. Amendment

1. After the expiry of five years from the entry into force of this Con-
vention, a State Party may propose an amendment and transmit it to the
Secretary-General of the United Nations, who shall thereupon communicate the
proposed amendment to the States Parties and to the Conference of the States
Parties to the Convention for the purpose of considering and deciding on the
proposal. The Conference of the States Parties shall make every effort to achieve
consensus on each amendment. If all efforts at consensus have been exhausted
and no agreement has been reached, the amendment shall, as a last resort,
require for its adoption a two-thirds majority vote of the States Parties present
and voting at the meeting of the Conference of the States Parties.
2. Regional economic integration organizations, in matters within their
competence, shall exercise their right to vote under this article with a number
of votes equal to the number of their member States that are Parties to this
Convention. Such organizations shall not exercise their right to vote if their
member States exercise theirs and vice versa.

3. An amendment adopted in accordance with paragraph 1 of this article
is subject to ratification, acceptance or approval by States Parties.

4. An amendment adopted in accordance with paragraph 1 of this article
shall enter into force in respect of a State Party ninety days after the date of the
deposit with the Secretary-General of the United Nations of an instrument of
ratification, acceptance or approval of such amendment.

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

Article 70. Denunciation

1. A State Party may denounce this Convention by written notification
to the Secretary-General of the United Nations. Such denunciation shall be-
come effective one year after the date of receipt of the notification by the
Secretary-General.

2. A regional economic integration organization shall cease to be a Party
to this Convention when all of its member States have denounced it.
Article 71. Depositary and languages
1. The Secretary-General of the United Nations is designated depositary
of this Convention.
2. The original of this Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, being
duly authorized thereto by their respective Governments, have signed this
Convention

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