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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 55 - International cooperation for purposes of confiscation

1. A State Party that has received a request from another State Party having jurisdiction over an offence established in accordance with this Convention for confiscation of proceeds of crime, property, equipment or other instrumentalities referred to in article 31, paragraph 1, of this Convention situated in its territory shall, to the greatest extent possible within its domestic legal system:

(a) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such an order is granted, give effect to it; or

(b) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party in accordance with articles 31, paragraph 1, and 54, paragraph 1 (a), of this Convention insofar as it relates to proceeds of crime, property, equipment or other instrumentalities referred to in article 31, paragraph 1, situated in the territory of t he requested State Party.

2. Following a request made by another State Party having jurisdiction over an offence established in accordance with this Convention, the requested State Party shall take measures to identify, trace and freeze or seize proceeds of crime, property, equipment or other instrumentalities referred to in article 31, paragraph 1, of this Convention for the purpose of eventual confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the requested State Party.

3. The provisions of article 46 of this Convention are applicable, mutatis mutandis, to this article. In addition to the information specified in article 46, paragraph 15, requests made pursuant to this article shall contain:

(a) In the case of a request pertaining to paragraph 1 (a) of this article, a description of the property to be confiscated, including, to the extent possible, the location and, where relevant, the estimated value of the property and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law;

(b) In the case of a request pertaining to paragraph 1 (b) of this article, a legally admissible copy of an order of confiscation upon which the request is based issued by the requesting State Party, a statement of the facts and information as to the extent to which execution of the order is requested, a statement specifying the measures taken by the requesting State Party to provide adequate notification to bona fide third parties and to ensure due process and a statement that the confiscation order is final;

(c) In the case of a request pertaining to paragraph 2 of this article, a statement of the facts relied upon by the requesting State Party and a description of the actions requested and, where available, a legally admissible copy of an order on which the request is based.

4. The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with and subject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral agreement or arrangement to which it may be bound in relation to the requesting State Party.

5. Each State Party shall furnish copies of its laws and regulations that give effect to this article and of any subsequent changes to such laws and regulations or a description thereof to the Secretary- General of the United Nations.

6. If a State Party elects to make the taking of the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention the necessary and sufficient treaty basis.

7. Cooperation under this article may also be refused or provisional measures lifted if the requested State Party does not receive sufficient and timely evidence or if the property is of a de minimis value.

8. Before lifting any provisional measure taken pursuant to this article, the requested State Party shall, wherever possible, give the requesting State Party an opportunity to present its reasons in favour of continuing the measure.

9. The provisions of this article shall not be construed as prejudicing the rights of bona fide third parties.


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