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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 IV - International cooperation

Article 44 - Extradition

1. This article shall apply to the offences established in accordance with this Convention where the person who is the subject of the request for extradition is present in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.

2. Notwithstanding the provisions of paragraph 1 of this article, a State Party whose law so permits may grant the extradition of a person for any of the offences covered by this Convention that are not punishable under its own domestic law.

3. If the request for extradition includes several separate offences, at least one of which is extraditable under this article and some of which are not extraditable by reason of their period of imprisonment but are related to offences established in accordance with this Convention, the requested State Party may apply this article also in respect of those offences.

4. Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them. A State Party whose law so permits, in case it uses this Convention as the basis for extradition, shall not consider any of the offences established in accordance with this Convention to be a political offence.

5. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offence to which this article applies.

6. A State Party that makes extradition conditional on the existence of a treaty shall:

(a) At the time of deposit of its instrument of ratification, acceptance or approval of or accession to this Convention, inform the Secretary- General of the United Nations whether it will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention; and

(b) If it does not take this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude treaties on extradition with other States Parties to this Convention in order to implement this article.

7. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between themselves.

8. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the request ed State Party may refuse extradition.

9. States Parties shall, subject to their domestic law, endeavour to expedite extradition procedures and to simplify evidentiary requirements relating thereto in respect of any offence to which this article applies.

10. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

11. A State Party in whose territory an alleged offender is found, if it does not extradite such person in respect of an offence to which this article applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.

12. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State Party to serve the sentence imposed as a result of the trial or proceedings for which the extradition or surrender of the person was sought and that State Party and the State Party seeking the extradition of the person agree with this option and other terms that they may deem appropriate, such conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 11 of this article.

13. If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is a national of the requested State Party, the requested State Party shall, if its domestic law so permits and in conformity with the requirements of such law, up on application of the requesting State Party, consider the enforcement of the sentence imposed under the domestic law of the requesting State Party or the remainder thereof.

14. Any person regarding whom proceedings are being carried out in connection with any of the offences to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the domestic law of the State Party in the territory of which that person is present.

15. Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person's sex, race, religion, nationality, ethnic origin or political opinions or that compliance with the request would cause prejudice to that person's position for any one of these reasons.

16. States Parties may not refuse a request for extradition on the sole ground that the offence is also considered to involve fiscal matters.

17. Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation.

18. States Parties shall seek to conclude bilateral and multilateral agreements or arrangements to carry out or to enhance the effectiveness of extradition.


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