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United Nations Convention Against Corruption

Preamble

Chapter I - General provisions

Article 1 - Statement of purpose

Article 2 - Use of terms

Article 3 - Scope of application

Article 4 - Protection of sovereignty

Chapter II - Preventive measures

Article 5 - Preventive anti- corruption policies and practices

Article 6 - Preventive anti- corruption body or bodies

Article 7 - Public sector

Article 8 - Codes of con duct for public officials

Article 9 - Public procurement and management of public finances

Article 10 - Public reporting

Article 11 - Measures relating to the judiciary and prosecution services

Article 12 - Private sector

Article 13 - Participation of society

Article 14 - Measures to prevent money - laundering

Chapter III - Criminalization and law enforcement

Article 15 - Bribery of national public officials

Article 16 - Bribery of foreign public officials and officials of public international organizations

Article 17 - Embezzlement, misappropriation or other diversion of property by a public official

Article 18 - Trading in influence

Article 19 - Abuse of functions

Article 20 - Illicit enrichment

Article 21 - Bribery in the private sector

Article 22 - Embezzlement of property in the private sector

Article 23 - Laundering of proceeds of crime

Article 24 - Concealment

Article 25 - Obstruction of justice

Article 26 - Liability of legal persons

Article 27 - Participation and attempt

Article 28 - Knowledge, intent and purpose as elements of an offence

Article 29 - Statute of limitations

Article 30 - Prosecution, adjudication and sanctions

Article 31 - Freezing, seizure and confiscation

Article 32 - Protection of witnesses, experts and victims

Article 33 - Protection of reporting persons

Article 34 - Consequences of acts of corruption

Article 35 - Compensation for damage

Article 36 - Specialized authorities

Article 37 - Cooperation with law enforcement authorities

Article 38 - Cooperation between national authorities

Article 39 - Cooperation between national authorities and the private sector

Article 40 - Bank secrecy

Article 41 - Criminal record

Article 42 - Jurisdiction

Chapter IV - International cooperation

Article 43 - International cooperation

Article 44 - Extradition

Article 45 - Transfer of sentenced persons

Article 46 - Mutual legal assistance

Article 47 - Transfer of criminal proceedings

Article 48 - Law enforcement cooperation

Article 49 - Joint investigations

Article 50 - Special investigative techniques

Chapter V - Asset recovery

Article 51 - General provision

Article 52 - Prevention and detection of transfers of proceeds of crime

Article 53 - Measures for direct recovery of property

Article 54 - Mechanisms for recovery of property through international cooperation in confiscation

Article 55 - International cooperation for purposes of confiscation

Article 56 - Special cooperation

Article 57 - Return and disposal of assets

Article 58 - Financial intelligence unit

Article 59 - Bilateral and multilateral agreements and arrangements

Chapter VI - Technical assistance and information exchange

Article 60 - Training and technical assistance

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

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

Chapter VII - Mechanisms for implementation

Article 63 - Conference of the States Parties to the Convention

Article 64 - Secretariat

Chapter VIII - Final provisions

Article 65 - Implementation of the Convention

Article 66 - Settlement of disputes

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

Article 68 - Entry into force

Article 69 - Amendment

Article 70 - Denunciation

Article 71 - Depositary and languages

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

United Nations Convention Against Corruption, 2003

United Nations (UN)

copy @ Lex Mercatoria

United Nations Convention Against Corruption

Chapter II - Preventive measures

Article 12 - Private sector

1. Each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures.

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

(a) Promoting cooperation between law enforcement agencies and relevant private entities;

(b) Promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of the activities of business and all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State;

(c) Promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities;

(d) Preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities;

(e) Preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure;

(f) Ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing controls to assist in preventing and detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures.

3. In order to prevent corruption, each State Party shall take such measures as may be necessary, in accordance with its domestic laws and regulations regarding the maintenance of books and records, financial statement disclosures and accounting and auditing standards, to prohibit the following acts carried out for the purpose of committing any of the offences established in accordance with this Convention:

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

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

(c) The recording of non-existent expenditure;

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

(e) The use of false documents; and

(f) The intentional destruction of bookkeeping documents earlier than foreseen by the law.

4. Each State Party shall disallow the tax deductibility of expenses that constitute bribes, the latter being one of the constituent elements of the offences established in accordance with articles 15 and 16 of this Convention and, where appropriate, other expenses incurred in furtherance of corrupt conduct.


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