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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 V - Asset recovery

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

1. Without prejudice to article 14 of this Convention, each State Party shall take such measures as may be necessary, in accordance with its domestic law, to require financial institutions within its jurisdiction to verify the identity of customers, to take reasonable steps to determine the identity of beneficial owners of funds deposited into high - value accounts and to conduct enhanced scrutiny of accounts sought or maintained by or on behalf of individuals who are, or have been, entrusted with prominent public functions and their family members and close associates. Such enhanced scrutiny shall be reasonably designed to detect suspicious transactions for the purpose of reporting to competent authorities and should not be so construed as to discourage or prohibit financial institutions from doing business with any legitimate customer.

2. In order to facilitate implementation of the measures provided for in paragraph 1 of this article, each State Party, in accordance with its domestic law and inspired by relevant initiatives of regional, interregional and multilateral organizations against money-laundering, shall:

(a) Issue advisories regarding the types of natural or legal person to whose accounts financial institutions within its jurisdiction will be expected to apply enhanced scrutiny, the types of accounts and transactions to which to pay particular attention and appropriate account - opening, maintenance and record- keeping measures to take concerning such accounts; and

(b) Where appropriate, notify financial institutions within its jurisdiction, at the request of another State Party or on its own initiative, of the identity of particular natural or legal persons to whose accounts such institutions will be expected to apply enhanced scrutiny, in addition to those whom the financial institutions may otherwise identify.

3. In the context of paragraph 2 (a) of this article, each State Party shall implement measures to ensure that its financial institutions maintain adequate records, over an appropriate period of time, of accounts and transactions involving the persons mentioned in paragraph 1 of this article, which should, as a minimum, contain information relating to the identity of the customer as well as, as far as possible, of the beneficial owner.

4. With the aim of preventing and detecting transfers of proceeds of offences established in accordance with this Convention, each State Party shall implement appropriate and effective measures to prevent, with the help of its regulatory and oversight bodies, the establishment of banks that have no physical presence and that are not affiliated with a regulated financial group. Moreover, States Parties may consider requiring their financial institutions to refuse to enter into or continue a correspondent banking relationship with such institutions and to guard against establishing relations with foreign financial institutions that permit their accounts to be used by banks that have no physical presence and that are not affiliated with a regulated financial group.

5. Each State Party shall consider establishing, in accordance with its domestic law, effective financial disclosure systems for appropriate public officials and shall provide for appropriate sanctions for non-compliance. Each State Party shall also consider taking such measures as may be necessary to permit its competent authorities to share that information with the competent authorities in other States Parties when necessary to investigate, claim and recover proceeds of offences established in accordance with this Convention.

6. Each State Party shall consider taking such measures as may be necessary, in accordance with its domestic law, to require appropriate public officials having an interest in or signature or other authority over a financial account in a foreign country to report that relationship to appropriate authorities and to maintain appropriate records related to such accounts. Such measures shall also provide for appropriate sanctions for non-compliance.


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