Instruments of accession shall be deposited with the Secretary- General of the United Nations. 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. Bearing also in mind the principles of proper management of public affairs and public property, fairness, responsibility and equality before the law and the need to safeguard integrity and to foster a culture of rejection of corruption. Without prejudice to its domestic law, each State Party shall endeavour to take measures to permit it to forward, without prejudice to its own investigations, prosecutions or judicial proceedings, information on proceeds of offences established in accordance with this Convention to another State Party without prior request, when it considers that the disclosure of such information might assist the receiving State Party in initiating or carrying out investigations, prosecutions or judicial proceedings or might lead to a request by that State Party under this chapter of the Convention. 9. Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income. This participation should be strengthened by such measures as: (a) Enhancing the transparency of and promoting the contribution of the public to decision-making processes; (b) Ensuring that the public has effective access to information; (c) Undertaking public information activities that contribute to non-tolerance of corruption, as well as public education programmes, including school and university curricula; (d) Respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. Chapter II covers of a set of preventive measures aimed at hindering corruption in the public and private sectors. Each State Party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption. 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. 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. Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies or persons specialized in combating corruption through law enforcement. 1. States Parties shall consider concluding bilateral or multilateral agreements or arrangements whereby, in relation to matters that are the subject of investigations, prosecutions or judicial proceedings in one or more States, the competent authorities concerned may establish joint investigative bodies. 18. Requests shall be made in writing or, where possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, under conditions allowing that State Party to establish authenticity. 2. These bi-annual meetings seek to help improve the capacity of and cooperation between States Parties in achieving the objectives set forth in the Convention. United Nations Convention Against Corruption Released by the Bureau for International Narcotics and Law Enforcement Affairs Washington, DC December 9, 2003 . 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. 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. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative. 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. facilitating the exchange of information among States Parties on patterns and trends in corruption, and on successful practices for preventing and combating it; strengthening cooperation with relevant international and regional organisations and mechanisms and non-governmental organisations; periodically reviewing the implementation of the Convention by its States parties. Without prejudice to the application of paragraph 12 of this article, a witness, expert or other person who, at the request of the requesting State Party, consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions prior to his or her departure from the territory of the requested State Party. Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally: (a) The promise, offering or giving to a public official or any other person, directly or indirectly, of an undue advantage in order that the public official or the person abuse his or her real or supposed influence with a view to obtaining from an administration or public authority of the State Party an undue advantage for the original instigator of the act or for any other person; (b) The solicitation or acceptance by a public official or any other person, directly or indirectly, of an undue advantage for himself or herself or for another person in order that the public official or the person abuse his or her real or supposed influence with a view to obtaining from an administration or public authority of the State Party an undue advantage. The ordinary costs of executing a request shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties. 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. 3 notes and appended table on the status of signatures and ratification of the Convention as of March 23, 2005, Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). However, offences committed outside the jurisdiction of a State Party shall constitute predicate offences only when the relevant conduct is a criminal offence under the domestic law of the State where it is committed and would be a criminal offence under the domestic law of the State Party implementing or applying this article had it been committed there; (d) Each State Party shall furnish copies of its laws that give effect to this article and of any subsequent changes to such laws or a description thereof to the Secretary-General of the United Nations; (e) If required by fundamental principles of the domestic law of a State Party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who committed the predicate offence. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa. SafaPress. 1. Article 63 of the Convention establishes the Conference of the States Parties (CoSP). If, in an exceptional case, advance notice is not possible, the requesting State Party shall inform the requested State Party of the disclosure without delay. 2. States Parties shall consider developing and sharing with each other and through international and regional organizations statistics, analytical expertise concerning corruption and information with a view to developing, insofar as possible, common definitions, standards and methodologies, as well as information on best practices to prevent and combat corruption. 4. In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party. Sweden signed the United Nations Convention against Corruption on 9 December 2003 and deposited its instrument of ratification with the Secretary-General on . 1. Each State Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures through which a public official accused of an offence established in accordance with this Convention may, where appropriate, be removed, suspended or reassigned by the appropriate authority, bearing in mind respect for the principle of the presumption of innocence. 8. When you click 'accept', you consent to all cookies. Each State Party may adopt such legislative or other measures as may be necessary to take into consideration, under such terms as and for the purpose that it deems appropriate, any previous conviction in another State of an alleged offender for the purpose of using such information in criminal proceedings relating to an offence established in accordance with this Convention. (a) A requested State Party, in responding to a request for assistance pursuant to this article in the absence of dual criminality, shall take into account the purposes of this Convention, as set forth in article 1; (b) States Parties may decline to render assistance pursuant to this article on the ground of absence of dual criminality. Criminalization. The requested State Party shall respond to reasonable requests by the requesting State Party on the status, and progress in its handling, of the request. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. Read more, Global Programme for Strengthening Capacities to Prevent and Combat Organized Crime, Global Programme on Crimes that Affect the Environment, Expert Meeting on International Cooperation, Ad hoc committee to elaborate an international convention on countering the use of ICTs for criminal purposes, International cooperation and information exchange, The Monitoring Illicit Arms Flows Initiative, Global Programme against Money Laundering, United Nations Convention against Transnational Organized Crime, Conference of the Parties to Organized Crime Convention, Blue Heart Campaign against human trafficking, 20th anniversary of the UN Convention against Transnational Organized Crime (UNTOC20), Commission on Crime Prevention and Criminal Justice, Countering transnational organized crime and illicit trafficking/drug trafficking, Prevention, treatment and reintegration, and alternative development, Drug cultivation, production and manufacture, Statistical activities, surveys and standards, Convention against Transnational Organized Crime, Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Regional Programme for Afghanistan and Neighbouring Countries, Commission on Crime Prevention and Criminal Justice (CCPCJ), Conference of the Parties to the United Nations Convention against Transnational Organized Crime and its Protocols (UNTOC/COP), Conference of the States Parties to the United Nations Convention against Corruption (COSP), IMOLIN - the international money laundering information network, International Day against Drug Abuse and Illicit Trafficking (26 June), United Nations drug, crime and terrorism treaties, United Nations Trust Fund for Victims of Human Trafficking. 7. The Convention requires countries to establish criminal and other offences to cover a wide range of acts of corruption, if these are not already crimes under domestic law. Finally, the fourth part is devoted to Asset Recovery, which includes all means that states can use totrack, seize, freeze, export and recover stolen assets. 5. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences. 1. 4. 5. Each State Party shall take appropriate measures to ensure that the relevant anti-corruption bodies referred to in this Convention are known to the public and shall provide access to such bodies, where appropriate, for the reporting, including anonymously, of any incidents that may be considered to constitute an offence established in accordance with this Convention. On 14 December 2005 the United Nations Convention Against Corruption entered into force. government (executive, legislative, and judicial), as well as individuals from major United States political parties. Entered into force: 14 December 2005. (c) Consider taking such measures as may be necessary to allow confiscation of such property without a criminal conviction in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases. States Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article. States Parties shall, as appropriate and in accordance with the fundamental principles of their legal system, collaborate with each other and with relevant international and regional organizations in promoting and developing the measures referred to in this article. 2. 1. Paragraphs 9 to 29 of this article shall apply to requests made pursuant to this article if the States Parties in question are not bound by a treaty of mutual legal assistance. States Parties shall consider concluding bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this chapter of the Convention. The Secretary-General of the United Nations shall convene the Conference of the States Parties not later than one year following the entry into force of this Convention. 4. Without prejudice to the provisions of article 23 of this Convention, each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally after the commission of any of the offences established in accordance with this Convention without having participated in such offences, the concealment or continued retention of property when the person involved knows that such property is the result of any of the offences established in accordance with this Convention. Such programmes may make reference to codes or standards of conduct in applicable areas. If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay. 2. . Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally, the embezzlement, misappropriation or other diversion by a public official for his or her benefit or for the benefit of another person or entity, of any property, public or private funds or securities or any other thing of value entrusted to the public official by virtue of his or her position. Each State Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence established in accordance with this Convention and establish a longer statute of limitations period or provide for the suspension of the statute of limitations where the alleged offender has evaded the administration of justice. 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. According to the 2008 review of the Labour Clauses (Public Contracts) Convention (n 31) and Labour Clauses (Public Contract) Recommendation (n 31), many ILO member countries believe that their national labour law extends to public contracts, and as a result, countries such as the United States of America, Bangladesh, Portugal and Sweden have . 4. 2. Each State Party may adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, any attempt to commit an offence established in accordance with this Convention. For the purposes of implementing this Convention, it shall not be necessary, except as otherwise stated herein, for the offences set forth in it to result in damage or harm to state property. The requesting State Party may make reasonable requests for information on the status and progress of measures taken by the requested State Party to satisfy its request. Nothing in this Convention shall entitle a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law. 3. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Convention. 2. The UNCAC covers a broad range of anti-corruption activities, including the four main areas of prevention, criminalisation and law enforcement, international . 2. 6. 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