On the ratification of the United Nations Convention against Corruption

The Law of the Republic of Kazakhstan dated May 4, 2008 No. 31-IV.

      To ratify the United Nations Convention against Corruption of October 31, 2003 with the following declarations and reservation:  

      1) In accordance with subparagraph (a) of paragraph 6 of article 44 of the Convention, the Republic of Kazakhstan uses the Convention as the legal basis for cooperation on extradition with other States parties to the Convention.;  

      2) in accordance with paragraph 14 of Article 46 of the Convention, requests for legal assistance sent to the Republic of Kazakhstan and the materials attached to them must be accompanied by translations into Kazakh or Russian, unless otherwise established by an international treaty ratified by the Republic of Kazakhstan.;  

      3) in accordance with paragraph 3 of article 66 of the Convention, the Republic of Kazakhstan does not consider itself bound by the provisions of paragraph 2 of article 66 of the Convention.  

President  

Republic of Kazakhstan

N. Nazarbayev

UNITED NATIONS CONVENTION AGAINST CORRUPTION

      The United Nations  

      The year 2003  

UNITED NATIONS CONVENTION THE Preamble AGAINST CORRUPTION

The States Parties to this Convention,  

      Concerned about the seriousness of the problems and threats posed by corruption to the stability and security of society, which undermines democratic institutions and values, ethical values and justice, and harms sustainable development and the rule of law,  

      Concerned also about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money laundering,  

      Concerned further about cases of corruption involving large amounts of assets, which may account for a significant proportion of States' resources, and jeopardizing the political stability and sustainable development of those States,  

      Convinced that corruption is no longer a local problem, but has turned into a transnational phenomenon that affects society and the economy of all countries, which makes it extremely important for international cooperation in the field of preventing and combating corruption,  

      Convinced also that a comprehensive and multidisciplinary approach is necessary to effectively prevent and combat corruption,  

      Convinced further that the availability of technical assistance can play an important role in enhancing the capacity of States, including through capacity-building and institution-building, to effectively prevent and combat corruption,  

      Convinced that the illegal acquisition of personal wealth can cause serious damage to democratic institutions, the national economy and the rule of law,  

      Determined to more effectively prevent, detect and suppress international transfers of illegally acquired assets and to strengthen international cooperation in asset recovery measures,  

      Reaffirming the fundamental principles of proper law enforcement in criminal proceedings and civil or administrative proceedings to establish property rights,  

      Considering that the prevention and eradication of corruption is the responsibility of all States and that, in order to ensure the effectiveness of their efforts in this area, they must cooperate with each other with the support and participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations,  

      Bearing in mind also the principles of proper management of public affairs and public property, fairness, responsibility and equality before the law, and the need to ensure integrity and promote a culture that rejects corruption,  

      Commending the work of the Commission on Crime Prevention and Criminal Justice and the United Nations Office on Drugs and Crime in the field of preventing and combating corruption,  

      Recalling the work carried out by other international and regional organizations in this field, including the activities of the African Union, the European Union, the League of Arab States, the Organization of American States, the Organization for Economic Cooperation and Development, the Council of Europe and the Customs Cooperation Council (also known as the World Customs Organization),  

      Taking note with appreciation of the multilateral instruments on preventing and combating corruption, including, in particular, the Inter-American Convention against Corruption, adopted by the Organization of American States on 29 March 1996, the Convention on Combating Corruption Involving Officials of the European Communities or Officials of the Member States of the European Union, adopted by the Council of the European Union On May 26, 1997, the Convention for the Suppression of Bribery of Foreign Officials in International Commercial Transactions, adopted by the Organization for Economic Cooperation and Development on November 21, 1997, the Convention on Criminal Liability for Corruption, adopted by the Committee of Ministers of the Council of Europe on January 27, 1999, the Convention on Civil Liability for Corruption, adopted by the Committee of Ministers of the Council of Europe on November 4, 1999, and the African Union Convention on Preventing and Combating Corruption, adopted by By the Heads of State and Government of the African Union on July 12, 2003,  

      Welcoming the entry into force of the Convention on 29 September 2003  United Nations Convention against Transnational Organized Crime,  

      have agreed on the following:  

Chapter I General provisions

  Article 1 Objectives  

      The objectives of this Convention are as follows:  

      (a) Promoting and strengthening measures aimed at preventing and combating corruption more effectively and efficiently;  

      (b) Encouraging, facilitating and supporting international cooperation and technical assistance in preventing and combating corruption, including asset recovery measures;  

      (c) Promoting integrity, responsibility, and the proper management of public affairs and public property.  

  Article 2 Terms  

      For the purposes of this Convention:  

      (a) "Public official" means: (i) Any person appointed or elected who holds a position in a legislative, executive, administrative or judicial body of a State Party on a permanent or temporary basis, with or without pay, regardless of the level of that person's position; (ii) Any other person performing any public function, including for a public agency or a public enterprise, or providing any public service, as defined in the domestic law of the State Party and as applied in the relevant field of legal regulation of that State Party; (iii) Any other person, defined as a "public official" in the domestic legislation of the Participating State. Nevertheless, for the purposes of certain specific measures provided for in chapter II of this Convention, "public official" may mean any person performing a public function or providing a public service, as defined in the domestic law of a State Party and as applied in the relevant area of that State's legal regulation.- a participant;  

      (b) "Foreign public official" means any appointed or elected person holding any position in a legislative, executive, administrative or judicial body of a foreign State, and any person performing any public function for a foreign State, including for a public agency or a public enterprise;  

      (c) "Official of a public international organization" means an international civil servant or any person authorized by such organization to act on its behalf;  

      (d) "Property" means any assets, whether tangible or intangible, movable or immovable, expressed in things or rights, as well as legal documents or acts confirming ownership of or interest in such assets.;  

      (e) "Proceeds of crime" means any property acquired or obtained, directly or indirectly, as a result of the commission of a crime;  

      (f) "Suspension of operations (freezing)" or "seizure" means the temporary prohibition of the transfer, transformation, alienation or movement of property, or the temporary taking possession of such property, or the temporary exercise of control over it by order of a court or other competent authority;  

      (g) "Confiscation" means the final deprivation of property by order of a court or other competent authority;  

      (h) "Predicate offence" means any offence resulting in the receipt of proceeds in respect of which the offences referred to in article 23 of this Convention may be committed.;  

      (i) "Controlled delivery" means a method by which illegal or suspicious shipments are allowed to be exported, transported or imported into the territory of one or more States with the knowledge and under the supervision of their competent authorities in order to investigate a crime and identify those involved in the commission of that crime.  

  Article 3 Scope of application  

1. This Convention shall apply, in accordance with its provisions, to the prevention, investigation and prosecution of corruption and to the suspension of transactions (freezing), seizure, confiscation and return of proceeds of crimes established in accordance with this Convention.  

      2. For the purposes of implementing this Convention, unless it provides otherwise, it is not necessary that harm or damage to State property be caused as a result of the commission of the offences referred to therein.  

  Article 4 Protection of sovereignty  

      1. The Participating States shall implement their obligations under this Convention in accordance with the principles of sovereign equality and territorial integrity of States and the principle of non-interference in the internal affairs of other States.  

      2. Nothing in this Convention shall entitle a State Party to exercise in the territory of another State jurisdiction and functions that fall solely within the competence of the authorities of that other State in accordance with its domestic law.  

Chapter II Measures to prevent corruption

  Article 5 Policy and practice of preventing and combating corruption  

      1. Each Participating State, in accordance with the fundamental principles of its legal system, develops and implements or implements an effective and coordinated anti-corruption policy that promotes public participation and reflects the principles of the rule of law, proper management of public affairs and public property, honesty and integrity, transparency and responsibility.  

      2. Each State Party shall endeavour to establish and promote effective practices aimed at preventing corruption.  

      3. Each State Party shall endeavour to periodically evaluate relevant legal instruments and administrative measures in order to determine their adequacy in terms of preventing and combating corruption.  

      4. The Participating States, as appropriate and in accordance with the fundamental principles of their legal systems, shall cooperate with each other and with relevant international and regional organizations in developing and facilitating the implementation of the measures referred to in this article. This cooperation may include participation in international programs and projects aimed at preventing corruption.  

  Article 6 Body or bodies for the prevention and combating of corruption  

      1. Each State Party shall ensure, in accordance with the fundamental principles of its legal system, the existence of a body or, where appropriate, bodies responsible for preventing corruption through measures such as:  

      (a) Implementing the policies referred to in article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of such policies;  

      (b) The expansion and dissemination of knowledge on corruption prevention.  

      2. Each State Party shall provide the body or bodies referred to in paragraph 1 of this article with the necessary independence, in accordance with the fundamental principles of its legal system, so that such body or bodies can carry out their functions effectively and free from any undue influence. The necessary material resources and specialized personnel should be provided, as well as such training of personnel as may be required to perform their assigned functions.  

      3. Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that may assist other States Parties in developing and implementing specific measures to prevent corruption.  

  Article 7 Public sector  

      1. Each State Party shall endeavour, as appropriate and in accordance with the fundamental principles of its legal system, to establish, maintain and strengthen such systems for the recruitment, recruitment, service, promotion and retirement of civil servants and, where appropriate, other non-elected public officials as:  

      a) are based on the principles of efficiency and transparency and on objective criteria such as integrity, fairness and ability;  

      (b) Include appropriate procedures for the selection and training of personnel for public positions considered particularly vulnerable to corruption, and for the rotation, as appropriate, of such personnel in such positions;  

      (c) Promote the payment of adequate remuneration and the establishment of fair salaries, taking into account the level of economic development of the State Party;  

      (d) Promote the implementation of educational and training programmes to enable such persons to meet the requirements for the proper, conscientious and proper performance of public functions, and provide them with specialized and appropriate training in order to enhance their awareness of the risks associated with corruption and related to the performance of their functions. Such programs may contain references to codes or standards of conduct in applicable fields.  

      2. Each State Party shall also consider taking appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, in order to establish criteria for candidates and elections to public office.  

      3. Each State Party shall also consider taking appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, to enhance transparency in the financing of candidates for elected public office and, where applicable, the financing of political parties.  

      4. Each Participating State shall endeavour, in accordance with the fundamental principles of its domestic law, to establish, maintain and strengthen systems that promote transparency and prevent conflicts of interest.  

  Article 8 Codes of conduct for public officials  

      1. In order to combat corruption, each State Party shall promote, inter alia, the integrity, honesty and responsibility of its public officials in accordance with the fundamental principles of its legal system.  

      2. In particular, each State Party shall endeavour to apply, within its institutional and legal systems, codes or standards of conduct for the proper, conscientious and proper performance of public functions.  

      3. For the purposes of implementing the provisions of this article, each State Party shall take into account, as appropriate and in accordance with the fundamental principles of its legal system, relevant initiatives of regional, interregional and multilateral organizations, such as the International Code of Conduct for Public Officials contained in the annex to General Assembly resolution 51/59 of 12 December 1996.  

      4. Each State Party shall also consider, in accordance with the fundamental principles of its domestic law, the possibility of establishing measures and systems to ensure that public officials report acts of corruption to the relevant authorities that they become aware of in the performance of their functions.  

      5. Each State Party shall endeavour, as appropriate and in accordance with the fundamental principles of its domestic law, to establish measures and systems that require public officials to submit declarations to the relevant authorities on, inter alia, off-duty activities, occupations, investments, assets and substantial gifts or benefits that may lead to conflicts of interest. regarding their functions as public officials.  

      6. Each State Party shall consider taking disciplinary or other measures against public officials who violate the codes or standards established in accordance with this article, in accordance with the fundamental principles of its domestic law.  

  Article 9 Public procurement and public finance management  

      1. Each State Party shall take the necessary measures, in accordance with the fundamental principles of its legal system, to establish appropriate procurement systems that are based on transparency, competition and objective decision-making criteria and are effective, inter alia, in preventing corruption. Such systems, which may include appropriate thresholds in their application, address, inter alia, the following:  

      (a) Public dissemination of information related to procurement procedures and procurement contracts, including information on invitations to bid and appropriate or relevant information on the award of contracts, in order to provide potential bidders with sufficient time to prepare and submit their tenders;  

      b) the establishment, in advance, of the conditions of participation, including the criteria for selection and decision-making on the conclusion of contracts, as well as the rules of bidding, and their publication;  

      (c) The application of pre-established and objective criteria for public procurement decision-making in order to facilitate subsequent verification of the correctness of the application of rules or procedures;  

(d) An effective internal control system, including an effective appeals system, to provide legal remedies and remedies in case of non-compliance with the rules or procedures established pursuant to this paragraph;  

      (e) Regulatory measures, as appropriate, regarding personnel responsible for procurement, such as the requirement to declare an interest in specific public procurement, verification procedures and training requirements.  

      2. Each Participating State shall take appropriate measures, in accordance with the fundamental principles of its legal system, to promote transparency and accountability in the management of public finances. Such measures include, inter alia, the following:  

      (a) Procedures for approving the national budget;  

      (b) Timely submission of income and expenditure reports;  

      (c) A system of accounting and auditing standards and related oversight;  

      (d) Effective and efficient risk management and internal control systems; and  

      (e) Where appropriate, adjustments in case of non-compliance with the requirements set out in this paragraph.  

      3. Each State Party shall take such civil and administrative measures as may be necessary, in accordance with fundamental principles of its domestic law, to ensure the safety of accounting books, records, financial statements or other documentation relating to public expenditures and income and to prevent the falsification of such documentation.  

  Article 10 Public reporting  

      Bearing in mind the need to combat corruption, each State Party shall, in accordance with the fundamental principles of its domestic law, take such measures as may be necessary to enhance transparency in its public administration, including with regard to its organization, functioning and, where appropriate, decision-making processes. Such measures may include, but are not limited to, the following:  

      (a) The adoption of procedures or rules to enable the public to receive information, as appropriate, about the organization, functioning and decision-making processes of the public administration and, with due regard to privacy and personal data protection considerations, about decisions and legal acts affecting the interests of the public;  

      (b) Simplification of administrative procedures, as appropriate, to facilitate public access to competent decision-making authorities; and  

      (c) Publication of information, which may include periodic reports on the dangers of corruption in public administration.  

  Article 11 Measures against judicial and prosecutorial authorities  

      1. Bearing in mind the independence of the judiciary and its crucial role in combating corruption, each State Party shall, in accordance with the fundamental principles of its legal system and without prejudice to the independence of the judiciary, take measures to strengthen the integrity of judges and judicial officials and to prevent any opportunities for corruption among them. Such measures may include rules regarding the actions of judges and judicial officials.  

      2. Measures similar to those taken in accordance with paragraph 1 of this article may be introduced and applied in the prosecution authorities in those Participating States in which they are not part of the judiciary, but enjoy the same independence as judicial authorities.  

  Article 12 Private sector  

      1. Each State Party shall take measures, in accordance with the fundamental principles of its domestic legislation, to prevent corruption in the private sector, strengthen accounting and auditing standards in the private sector and, where appropriate, establish effective, proportionate and dissuasive civil, administrative or criminal sanctions for non-compliance with such measures.  

      2. Measures aimed at achieving these goals may include, but are not limited to, the following:  

      (a) Facilitating cooperation between law enforcement agencies and relevant private organizations;  

      (b) To promote the development of standards and procedures designed to ensure the integrity of the work of relevant private organizations, including codes of conduct for the proper, fair and appropriate conduct of business by entrepreneurs and representatives of all relevant professions and to prevent conflicts of interest, as well as to promote the use of fair commercial practices between commercial enterprises and in contractual relations between them and the state;  

      (c) Promoting transparency in the activities of private organizations, including, where appropriate, measures to identify entities and individuals involved in the establishment and management of corporate organizations;  

      (d) Prevention of abuse of procedures governing the activities of private organizations, including procedures relating to subsidies and licenses granted by public authorities for commercial activities;  

      (e) Preventing conflicts of interest by imposing restrictions, where appropriate and for a reasonable period of time, on the professional activities of former public officials or on the work of public officials in the private sector after their retirement or retirement, when such activities or work are directly related to the functions that such public officials performed during their tenure or over which they supervised;  

      (f) Ensuring that private organizations, given their structure and size, have sufficient internal audit controls to assist in preventing and detecting corruption, and that the accounts and required financial statements of such private organizations are subject to appropriate audit 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 legislation and rules governing accounting, financial reporting, and accounting and auditing standards, to prohibit the following actions carried out for the purpose of committing any of the offences established in accordance with by this Convention:  

      (a) Creation of informal reporting;  

      b) conducting unaccounted for or incorrectly registered transactions;  

      (c) Accounting for non-existent expenses;  

      d) reflection of obligations, the object of which is incorrectly identified;  

      (e) The use of forged documents; and  

      f) intentional destruction of accounting documents before the time limits stipulated by law.  

      4. Each State Party shall refuse tax exemption in respect of expenses constituting bribes, which are an element of the offences established in accordance with articles 15 and 16 of this Convention, and, where appropriate, in respect of other expenses incurred for the purpose of facilitating acts of corruption.  

  Article 13 Participation of the company  

      1. Each State Party shall take appropriate measures, within its means and in accordance with the 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 preventing and combating corruption and in deepening its society's understanding of the existence, causes and dangerous nature of corruption, as well as the threats it creates. This participation should be strengthened through measures such as:  

      (a) Enhance transparency and promote public engagement in decision-making processes;  

      (b) Ensuring effective access to information for the public;  

      (c) Carrying out public awareness activities that contribute to creating an atmosphere of intolerance towards corruption, as well as public education programmes, including training programmes in schools and universities;  

      (d) Respect, promote and protect the freedom to seek, receive, publish and disseminate information about corruption. Certain restrictions on this freedom may be imposed, but only such restrictions as are provided for by law and are necessary.:  

      i) to respect the rights or reputations of others;  

      ii) to protect national security, or public order, or to protect public health or morals.  

      2. Each State Party shall take appropriate measures to ensure that the relevant anti-corruption authorities referred to in this Convention are known to the public and shall provide access to such authorities in order to report to them, including anonymously, any cases that may be considered as constituting any of the following offences established as such in accordance with this Convention.  

  Article 14 Measures to prevent money laundering  

      1. Each Participating State:  

(a) Establish a comprehensive internal regulatory and supervisory regime for banks and non-bank financial institutions, including individuals or entities providing formal or informal services in connection with the transfer of funds or valuables, as well as, where appropriate, other bodies that are particularly vulnerable to money laundering, in particular within its competence, in order to prevent and detect all forms of money laundering, Moreover, such a regime is based primarily on the requirements for identifying the identity of the client and, where appropriate, the beneficial owner, reporting and reporting suspicious transactions.;  

      (b) Without prejudice to article 46 of this Convention, ensure that administrative, regulatory, law enforcement and other anti-money laundering authorities (including, where appropriate, judicial authorities) are able to cooperate and exchange information at the national and international levels under the conditions established by its in accordance with national legislation, and for this purpose is considering the establishment of a financial intelligence unit., which will act as a national center for the collection, analysis and dissemination of information related to possible cases of money laundering.  

      2. The Participating States shall consider applying practicable measures to detect and control the movement of cash and related negotiable instruments across their borders, subject to safeguards aimed at ensuring the proper use of information and without creating any obstacles to the movement of legitimate capital. Such measures may include requiring individuals and businesses to report cross-border transfers of significant amounts of cash and transfers of related negotiable instruments.  

      3. States Parties shall consider applying appropriate and practicable measures to establish the requirement that financial institutions, including money transfer institutions:  

      a) include accurate and meaningful information about the sender in the electronic transfer forms and related messages;  

      b) stored such information throughout the payment chain; and  

      c) conducted in-depth verification of funds transfers in the absence of complete information about the sender.  

      4. When establishing an internal regulatory and supervisory regime in accordance with the provisions of this article and without prejudice to any other article of this Convention, States Parties are invited to be guided by relevant initiatives of regional, interregional and multilateral organizations aimed at money laundering.  

      5. The Participating States shall strive to develop and promote global, regional, sub-regional and bilateral cooperation between judicial and law enforcement authorities, as well as financial regulatory authorities, in order to combat money laundering.  

Chapter III Criminalization and law enforcement

  Article 15 Bribery of national public officials  

      Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts, when committed intentionally:  

      a) promising, offering or granting to a public official, personally or through intermediaries, any undue advantage for the official himself or another natural or legal person, so that this official commits any act or omission in the performance of his official duties;  

      (b) Extorting or accepting by a public official, personally or through intermediaries, any undue advantage for the official himself or another natural or legal person in order for that official to commit any act or omission in the performance of his official duties.  

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

      1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally, the promise, offer or provision to a foreign public official or an official of a public international organization, personally or through intermediaries, of any undue advantage to the official himself or another natural or legal person, in order for this official to commit any act or omission in the performance of his official duties in order to obtain or maintain a commercial or other undue advantage in connection with the conduct of international affairs.  

      2. Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, the extortion or assumption by a foreign public official or an official of a public international organization, personally or through intermediaries, of any undue advantage for the official himself or another natural or legal person, in order for this official to commit any act or omission in the performance of his official duties.  

  Article 17 Theft, misappropriation or other misuse of property by a public official  

      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 misuse by a public official for the purpose of profiting for himself or another natural or legal person of any property, public or private funds, or securities, or any other valuable item under the jurisdiction of this public official by virtue of his official position.  

  Article 18 Abuse of influence for personal gain  

      Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences the following acts, when committed intentionally:  

      (a) Promising, offering or granting to a public official or any other person, personally or through intermediaries, any undue advantage in order for that public official or such other person to abuse his actual or perceived influence in order to obtain from the administration or public authority of a Participating State any undue advantage for the original initiator of such actions or any other person;  

      (b) Extorting or accepting by a public official or any other person, personally or through intermediaries, any undue advantage for himself or for another person, in order for that public official or such other person to abuse his actual or perceived influence in order to obtain from the administration or public authority of a Participating State any- or an undue advantage.  

  Article 19 Abuse of official position  

      Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, abuse of official authority or official position, i.e. the commission of an act or omission in violation of the law by a public official in the performance of his functions. in order to obtain any undue advantage for oneself or another natural or legal person.  

  Article 20 Illicit enrichment  

      Subject to compliance with 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, i.e. a significant increase in the assets of a public official exceeding his legitimate income, which it cannot reasonably justify.  

  Article 21 Bribery in the private sector  

      Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences the following acts when committed intentionally in the course of economic, financial or commercial activities:  

      a) the promise, offer or provision, personally or through intermediaries, of any undue advantage to any person who directs the work of a private sector organization or works in any capacity in such an organization, for such person himself or another person, so that this person commits, in violation of his duties, anyeither action or inaction;  

(b) The extortion or acceptance, personally or through intermediaries, of any undue advantage by any person who directs the work of a private sector organization or works in any capacity for such an organization, for such person or another person, in order for that person to commit, in violation of his duties, any act or inaction.  

  Article 22 Theft of property in the private sector  

      Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally in the course of economic, financial or commercial activities, embezzlement by a person who directs the work of a private sector organization or works in any capacity for such an organization, any property, private funds, or securities, or any other valuable item managed by this person by virtue of his official position.  

  Article 23 Laundering of proceeds of crime  

      1. Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be necessary to establish as criminal offences the following acts, when committed intentionally:  

      (a) (i) The conversion or transfer of property, if it is known that such property is proceeds of crime, in order to conceal or conceal the criminal source of that property or to assist any person involved in the commission of the predicate offense so that he or she can evade responsibility for his or her actions;  

      ii) concealment or concealment of the true nature, source, location, method of disposal, movement, rights to property or its affiliation, if it is known that such property is proceeds of crime;  

      (b) Subject to compliance with the basic principles of its legal system:  

      i) the acquisition, possession or use of property, if it is known at the time of its receipt that such property constitutes proceeds of crime;  

      (ii) Participation, complicity or conspiracy to commit any of the crimes established in accordance with this article, an attempt to commit it, as well as aiding, abetting, assisting or advising in its commission.  

      2. For the purposes of implementing or applying paragraph 1 of this article:  

      (a) Each State Party shall endeavour to apply paragraph 1 of this article to the widest range of predicate offences;  

      (b) Each State Party shall include as predicate offences at least a comprehensive range of offences established in accordance with this Convention.;  

      (c) For the purposes of subparagraph (b) above, predicate offences include offences committed both within and outside the jurisdiction of the State Party concerned. However, crimes committed outside the jurisdiction of a State Party constitute predicate offences only if the act in question is criminalized under the domestic law of the State in which it is committed and would be criminalized under the domestic law of the State Party in which this article is implemented or applied if It was done in him;  

      (d) Each State Party shall submit to the Secretary-General of the United Nations the texts of its laws implementing the provisions of this article, as well as the texts of any subsequent amendments to such laws or their descriptions.;  

      (e) If required by the fundamental principles of the domestic law of a State Party, it may be provided that the offences referred to in paragraph 1 of this article do not apply to the perpetrators of the predicate offence.  

  Article 24 Concealment  

      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 criminal offences when committed intentionally after the commission of any of the offences established in accordance with this Convention, without participation in the commission of such offences, concealment or continuous retention of property, if the relevant person knows that such property was obtained as a result of any of the crimes, recognized as such in accordance with this Convention.  

  Article 25 Obstruction of justice  

      Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts, when committed intentionally:  

      (a) The use of physical force, threats or intimidation, or the promise, offer or provision of an undue advantage for the purpose of inducing false testimony or interfering with the process of giving evidence or presenting evidence during proceedings in connection with the commission of offences established in accordance with this Convention;  

      (b) The use of physical force, threats or intimidation to interfere with the performance of official duties by a judicial or law enforcement official during proceedings in connection with the commission of offences established in accordance with this Convention. Nothing in this subparagraph shall prejudice the right of States Parties to have legislation that protects other categories of public officials.  

  Article 26 Liability of legal entities  

      1. Each State Party shall take such measures as, taking into account its legal principles, may be necessary to establish the liability of legal persons for participation in offences established in accordance with this Convention.  

      2. Subject to the legal principles of the Participating State, the liability of legal entities may be criminal, civil or administrative.  

      3. The imposition of such responsibility does not prejudice the criminal liability of individuals who have committed crimes.  

      4. Each State Party shall, in particular, ensure that legal entities held accountable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.  

  Article 27 Participation and attempted murder  

      1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, participation in any capacity, such as as an accomplice, aide or abettor, in the commission of an offence established in accordance with this Convention. By convention.  

      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.  

      3. 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, preparation for the commission of an offence established in accordance with this Convention.  

  Article 28 Awareness, intent and intent as elements of a crime  

      The awareness, intent or intent required as elements of an offence established in accordance with this Convention may be established from the objective factual circumstances of the case.  

  Article 29 Limitation period  

      Each State Party shall, where appropriate, establish, in accordance with its domestic law, a long statute of limitations for the initiation of proceedings in respect of any offences established in accordance with this Convention, and shall establish a longer statute of limitations or the possibility of suspending the statute of limitations in cases where the person suspected of having committed the offence evades justice..  

  Article 30 Prosecution, adjudication and sanctions  

      1. Each State Party shall provide for the application of such criminal sanctions for the commission of an offence established in accordance with this Convention that take into account the degree of danger of that offence.  

      2. Each State Party shall take such measures as may be necessary to establish or ensure, in accordance with its legal system and constitutional principles, an appropriate balance between any immunities or jurisdictional privileges granted to its public officials in connection with the performance of their functions and the ability, if necessary, to exercise effective to investigate and prosecute and adjudicate offences established in accordance with this Convention.  

3. Each State Party shall endeavour to ensure that any discretionary legal powers provided for in its domestic law relating to the prosecution of persons for offences established in accordance with this Convention are used to maximize the effectiveness of law enforcement measures in relation to these offences and with due regard to the need to prevent the commission of such offences.  

      4. With regard to offences established in accordance with this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to ensure that the conditions imposed in connection with decisions on release pending trial or pending a decision on appeal or protest, They took into account the need to ensure the presence of the accused during the subsequent criminal proceedings.  

      5. Each State Party shall take into account the degree of danger of the relevant crimes when considering the possibility of early or conditional release of persons convicted of such crimes.  

      6. Each State Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures by which a public official charged with an offence established in accordance with this Convention may, where appropriate, be removed, suspended from official duties or transferred. to another position by an appropriate body, taking into account the need to respect the principle of the presumption of innocence.  

      7. Where this is justified in view of the degree of danger of the offence, each State Party shall, to the extent consistent with the fundamental principles of its legal system, consider establishing procedures for the deprivation of convicted persons for a specified period established in its domestic law, by court order or by any other appropriate means. for crimes established as such in accordance with this Convention, the rights of:  

      (a) Hold a public office; and  

      (b) To hold a position in an enterprise wholly or partly owned by the State.  

      8. Paragraph 1 of this article is without prejudice to the exercise by the competent authorities of disciplinary powers in respect of civil servants.  

      9. Nothing contained in this Convention shall affect the principle that the definition of offences established in accordance with this Convention and applicable legal objections or other legal principles determining the lawfulness of acts are within the scope of the domestic law of each State Party, and the prosecution and punishment of such offences shall be carried out in accordance with with this legislation.  

      10. The Participating States shall endeavour to facilitate the reintegration into society of persons convicted of offences established in accordance with this Convention.  

Article 31 Suspension of operations (freezing), seizure and confiscation  

      1. Each State Party shall take, to the maximum extent possible within its domestic legal system, such measures as may be necessary to ensure the possibility of confiscation.:  

      (a) Proceeds of crimes established in accordance with this Convention or property whose value corresponds to the value of such proceeds;  

      (b) Property, equipment and other means used or intended to be used in the commission of offences established in accordance with this Convention.  

      2. Each State Party shall take such measures as may be necessary to ensure that any of the items listed in paragraph 1 of this article can be identified, traced, frozen or seized for subsequent confiscation.  

      3. Each State Party shall adopt, in accordance with its domestic law, such legislative and other measures as may be necessary to regulate the management by the competent authorities of frozen, seized or confiscated property referred to in paragraphs 1 and 2 of this article.  

      4. If such proceeds of crime have been converted or transformed, partially or completely, into other property, the measures specified in this article shall apply to such property.  

      5. If such proceeds of crime have been attached to property acquired from legitimate sources, that part of the property corresponding to the estimated value of the attached proceeds is subject to confiscation, without prejudice to any powers relating to freezing or seizure.  

      6. Profits or other benefits derived from such proceeds of crime, from property into which such proceeds of crime have been converted or transformed, or from property to which such proceeds of crime have been attached, shall also be subject to the measures specified in this article in the same manner and to the same extent. as with the proceeds of crime.  

      7. For the purposes of this article and article 55 of this Convention, each State Party shall authorize its courts or other competent authorities to order the production or seizure of banking, financial or commercial documents. The State Party does not shy away from taking measures in accordance with the provisions of this paragraph, referring to the need to preserve banking secrecy.  

      8. States Parties may consider the possibility of requiring the perpetrator to prove the lawful origin of such alleged proceeds of crime or other property subject to confiscation, to the extent that such a requirement is consistent with the fundamental principles of their domestic law and the nature of judicial and other proceedings.  

      9. The provisions of this article shall not be interpreted in such a way as to prejudice the rights of bona fide third parties.  

      10. Nothing contained in this article shall affect the principle that the measures referred to therein are determined and implemented in accordance with and subject to the provisions of the domestic law of a State Party.  

  Article 32 Protection of witnesses, experts and victims  

      1. Each State Party shall take appropriate measures, in accordance with its domestic legal system and within its means, to ensure effective protection against possible retaliation or intimidation against witnesses and experts who give evidence in connection with offences established in accordance with this Convention and, where appropriate, in relation to their relatives and other persons close to them.  

      2. The measures provided for in paragraph 1 of this article, without prejudice to the rights of the accused, including the right to due process, may include, inter alia::  

      (a) The establishment of procedures for the physical protection of such persons, for example, to the extent necessary and practicable, for their relocation to another location, and the adoption of such provisions as permit, where appropriate, the non-disclosure of information relating to the identity and location of such persons, or impose restrictions on such disclosure of information;  

      (b) The adoption of evidentiary rules that allow witnesses and experts to testify in a manner that ensures the safety of such persons, such as allowing them to testify by means of communication such as video or other appropriate means.  

      3. The Participating States shall consider the possibility of concluding agreements or arrangements with other States regarding the resettlement of persons referred to in paragraph 1 of this article.  

      4. The provisions of this article shall also apply to victims to the extent that they are witnesses.  

      5. Each State Party shall provide, subject to its domestic legislation, opportunities for the views and concerns of victims to be expressed and considered at appropriate stages of criminal proceedings against perpetrators in a manner that does not prejudice the rights of the defence.  

  Article 33 Protection of persons providing information  

      Each State Party shall consider including in its domestic legal system appropriate measures to ensure the protection of any person who, in good faith and on reasonable grounds, reports to the competent authorities any facts relating to offences established in accordance with this Convention from any unfair treatment.  

  Article 34 Consequences of acts of corruption  

      With due regard to the rights of third parties acquired in good faith, each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to address the consequences of corruption. In this context, Participating States may consider corruption as a factor relevant in proceedings to cancel or terminate contracts, or revoke concessions or other similar instruments, or take other remedial measures.  

  Article 35 Compensation for damage  

      Each State Party shall take such measures as may be necessary, in accordance with the principles of its domestic law, to ensure that legal entities or individuals who have suffered damage as a result of an act of corruption have the right to initiate proceedings against those responsible for that damage in order to obtain compensation.  

Article 36 Specialized bodies  

      Each State Party shall ensure, in accordance with the fundamental principles of its legal system, the existence of a body or bodies or persons specialized in combating corruption through law enforcement measures. Such body or bodies or persons shall be provided with the necessary independence, in accordance with the fundamental principles of the State Party's legal system, so that they can carry out their functions effectively and without undue influence. Such persons or employees of such body or bodies should have the appropriate qualifications and resources to carry out their tasks.  

  Article 37 Cooperation with law enforcement agencies  

      1. Each State Party shall take appropriate measures to encourage persons who participate or have participated in the commission of an offence established in accordance with this Convention to provide information useful to the competent authorities for the purposes of investigation and evidence, and to provide factual, specific assistance to the competent authorities that may contribute to the deprivation of liberty. criminals of proceeds of crime and taking measures to recover such proceeds.  

      2. Each State Party shall consider providing for the possibility of mitigating, as appropriate, the punishment of an accused person who significantly cooperates in the investigation or prosecution of an offence established in accordance with this Convention.  

      3. Each State Party shall consider providing for the possibility, in accordance with fundamental principles of its domestic law, of granting immunity from prosecution to a person who cooperates substantially in the investigation or prosecution of an offence established in accordance with this Convention.  

      4. Such persons shall be protected, mutatis mutandis, in accordance with the procedure provided for in article 32 of this Convention.  

      5. In cases where the person referred to in paragraph 1 of this article and located in one State Party is able to cooperate substantially with the competent authorities of another State Party, the States Parties concerned may consider concluding agreements or arrangements, in accordance with their domestic law, regarding the possible provision by another State Party to such a person of the regime specified in paragraphs 2 and 3 of this article.  

  Article 38 Cooperation between national authorities  

      Each State Party shall take such measures as may be necessary to encourage, in accordance with its domestic law, cooperation between, on the one hand, its public authorities, as well as public officials, and, on the other hand, its authorities responsible for the investigation and prosecution of criminal offences. Such cooperation may include:  

      (a) To provide such responsible authorities with information, on their own initiative, if there are reasonable grounds to believe that any of the offences established in accordance with articles 15, 21 and 23 of this Convention have been committed; or  

      (b) Providing such responsible authorities, upon request, with all necessary information.  

  Article 39 Cooperation between national authorities and the private sector  

      1. Each State Party shall take such measures as may be necessary to promote, in accordance with its domestic law, cooperation between national investigative and prosecutorial authorities and private sector organizations, in particular financial institutions, in matters related to the commission of offences established in accordance with this Convention.  

      2. Each State Party shall consider encouraging its citizens and other persons habitually residing in its territory to report to national investigative and prosecutorial authorities the commission of an offence established in accordance with this Convention.  

  Article 40 Banking secrecy  

      Each State Party shall ensure, in the case of domestic criminal investigations in connection with offences established in accordance with this Convention, that appropriate mechanisms are in place within its domestic legal system to overcome obstacles that may arise as a result of the application of bank secrecy legislation.  

  Article 41 Information on criminal record  

      Each State Party may adopt such legislative or other measures as may be necessary to take into account, under such conditions and for such purposes as it deems appropriate, any previous conviction in another State against a person suspected of having committed an offence under investigation, in order to use such information in criminal proceedings in connection with an offence established in accordance with this Convention.  

  Article 42 Jurisdiction  

      1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when:  

      (a) The offence is committed in the territory of that State Party; or  

      (b) The offence was committed on board a ship that was flying the flag of that State Party at the time of the commission of the offence or an aircraft that was registered under the laws of that State Party at that time.  

      2. Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offence when:  

      (a) The offence is committed against a national of that State Party; or  

      (b) The offence is committed by a national of that State Party or a stateless person who has his or her habitual residence in its territory; or  

      (c) The offence is one of the offences established in accordance with paragraph 1 (b) (ii) of article 23 of this Convention and is committed outside its territory for the purpose of committing an offence established in accordance with paragraph 1 (a) (i) or (ii) or (b(i) Article 23 of this Convention, in its territory; or  

      (d) The offence is committed against that State Party.  

      3. For the purposes of article 44 of this Convention, each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when a person suspected of having committed the offence is present in its territory and it does not extradite such person solely on the grounds that it is one of its citizens.  

      4. Each State Party may also take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when a person suspected of having committed the offence is present in its territory and it does not extradite him.  

      5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article receives notification or otherwise learns that any other States Parties are conducting investigations, prosecutions or judicial proceedings in connection with the same act, the competent authorities of those States Parties shall consult each other, as appropriate. with a friend in order to coordinate their actions.  

      6. Without prejudice to the rules of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.  

Chapter IV International cooperation

  Article 43 International cooperation  

      1. The Participating States shall cooperate in criminal matters in accordance with articles 44-50 of this Convention. Whenever appropriate and consistent with their domestic legal system, the Participating States shall consider the possibility of assisting each other in investigations and proceedings in civil and administrative matters related to corruption.  

      2. When the principle of mutual recognition of the relevant act as a crime is required in relation to issues of international cooperation, this principle is considered to be respected regardless of whether the legislation of the requested State Party includes the relevant act in the same category of crimes or whether it describes it using the same terms as the requesting State Party, if the act constituting the crime in connection with which assistance is requested, it is criminalized in accordance with the legislation of both Participating States.  

  Article 44 Extradition  

      1. This article shall apply to offences established in accordance with this Convention if the person against whom extradition is requested is located in the territory of the requested State Party, provided that the act for which extradition is requested is criminalized under the domestic law of both the requesting State Party and of the requested State Party.  

2. Notwithstanding the provisions of paragraph 1 of this article, a State Party whose legislation so permits may authorize the extradition of a person in connection with any of the offences covered by this Convention that are not criminalized under its own domestic law.  

      3. If the request for extradition relates to several separate offences, at least one of which may result in extradition under this article and the others may not result in extradition because of the length of the sentence for them, but relate to offences established in accordance with this Convention, the requested State Party may apply this article. also in relation to these crimes.  

      4. Each of the offences to which this article applies shall be deemed to be included in any extradition treaty existing between the Participating States as an extraditable offence. The participating States undertake to include such offences as extraditable offences in any extradition treaty to be concluded between them. A State Party whose legislation allows this, if 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 making extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition in connection with any offence to which this article applies.  

      6. The State Party making extradition conditional on the existence of a treaty:  

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

      (b) If it does not use this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude extradition treaties with other States Parties to this Convention for the purpose of applying this article.  

      7. States Parties that do not make extradition conditional on the existence of a treaty shall recognize the offences to which this article applies as extraditable offences in their relations with each other.  

      8. Extradition shall be carried out in accordance with the conditions provided for by the domestic law of the requested State Party or applicable extradition treaties, including, but not limited to, the conditions related to the minimum penalty requirements for extradition and the grounds on which the requested State Party may refuse extradition.  

      9. With respect to any offence to which this article applies, States Parties shall, subject to their domestic legislation, make efforts to expedite extradition procedures and simplify related evidentiary requirements.  

      10. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party, having satisfied itself that the circumstances so require and are of an urgent nature, and at the request of the requesting State Party, may take into custody the person whose extradition is requested in its territory or take other appropriate measures to ensure his presence during the extradition procedure.  

      11. A State Party in whose territory a person suspected of committing an offence is located, if it does not extradite such a person in connection with an offence to which this article applies solely on the grounds that he is one of its nationals, shall, at the request of the State Party requesting extradition, transfer the case without undue delay. delays to their competent authorities for the purpose of prosecution. These authorities shall take their decision and carry out their proceedings in the same manner as in the case of any other crime of a dangerous nature under the domestic law of that State Party. The Participating States concerned shall cooperate with each other, in particular on procedural and evidentiary issues, to ensure the effectiveness of such prosecution.  

      12. In all cases where a State Party is permitted under its domestic law to extradite or otherwise transfer one of its nationals only on condition that that person is returned to that State Party to serve a sentence imposed as a result of the judicial proceedings or proceedings in connection with which the extradition or transfer of that person was requested, and That State Party and the State Party requesting the extradition of that person have agreed to such arrangements and other conditions as they may deem appropriate., Such conditional extradition or transfer is sufficient to fulfill the obligation set forth in paragraph 11 of this article.  

      13. If extradition, which is requested for the purpose of executing a sentence, is refused because the person sought is a national of the requested State Party, the requested State Party, if permitted by its domestic law and if this complies with the requirements of such law, shall, upon request by the requesting State Party, consider the enforcement of the sentence or the remaining part. a sentence imposed in accordance with the domestic law of the requesting State Party.  

      14. Any person who is subject to proceedings in connection with any offence to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including the exercise of all rights and guarantees provided for by the domestic law of the State Party in whose territory that person is located.  

      15. Nothing in this Convention shall be interpreted as establishing an obligation to extradite if the requested State Party has substantial grounds for believing that the extradition request is intended to persecute or punish a person on the basis of his or her sex, race, religion, nationality, ethnic origin or political beliefs, or that granting the request would prejudice the situation of this person for any of these reasons.  

      16. States Parties may not refuse an extradition request solely on the grounds that the offence is also considered to be related to tax matters.  

      17. Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party in order to provide it with sufficient opportunities to express its views and provide information relevant to the facts stated in its request.  

      18. States Parties shall endeavour to conclude bilateral and multilateral agreements or arrangements with a view to implementing or improving the effectiveness of extradition.  

  Article 45 Transfer of convicted persons  

      States Parties may consider concluding bilateral or multilateral agreements or arrangements for the transfer of persons sentenced to imprisonment or other forms of deprivation of liberty for offences established in accordance with this Convention, so that they can serve their sentences in their territories.  

  Article 46 Mutual legal assistance  

      1. States Parties shall provide each other with the widest possible mutual legal assistance in the investigation, prosecution and judicial proceedings in connection with the offences covered by this Convention.  

      2. Mutual legal assistance shall be provided to the maximum extent possible in accordance with relevant laws, international treaties, agreements and arrangements of the requested State Party in relation to the investigation, prosecution and judicial proceedings in connection with crimes for which a legal entity may be held accountable in the requesting State Party in accordance with article 26 of this Convention..  

      3. Mutual legal assistance provided in accordance with this article may be requested for any of the following purposes::  

      a) Obtaining testimony or statements from individuals;  

      b) service of court documents;  

      c) conducting a search and seizure, as well as suspending operations (freezing);  

      d) inspection of facilities and sites;  

      (e) Providing information, physical evidence and expert assessments;  

      f) providing originals or certified copies of relevant documents and materials, including government, banking, financial, corporate or commercial documents;  

      (g) Identification or tracing of proceeds of crime, property, means of committing crimes or other items for evidentiary purposes;  

      (h) Facilitating the voluntary appearance of relevant persons before the authorities of the requesting State Party;  

      (i) The provision of any other type of assistance that is consistent with the domestic law of the requested State Party;  

      (j) Identification, freezing and tracing of proceeds of crime in accordance with the provisions of chapter V of this Convention;  

            (k) The seizure of assets in accordance with the provisions of chapter V of this Convention.  

4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal law matters to the competent authority in another State Party in cases where they consider that such information may assist that authority in carrying out or successfully completing investigations and criminal prosecutions, or may lead to to a request made by that State Party in accordance with this Convention.  

      5. The transfer of information in accordance with paragraph 4 of this article is carried out without prejudice to the investigation and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information comply with the request to keep this information confidential, even on a temporary basis, or comply with restrictions on its use. However, this does not prevent the receiving State Party from disclosing, in the course of its proceedings, information that exonerates the accused. In such a case, before disclosing the information, the State Party receiving the information shall notify the State Party providing the information and, if requested to do so, consult with the State Party providing the information. If, in exceptional cases, advance notification is not possible, the State Party receiving the information shall promptly inform the State Party providing the information of such disclosure.  

      6. The provisions of this article shall not affect the obligations under any other treaty, whether bilateral or multilateral, which regulates or will regulate, in whole or in part, mutual legal assistance.  

      7. Paragraphs 9-29 of this article shall apply to requests made on the basis of this article if the States Parties concerned are not bound by any mutual legal assistance treaty. If these States Parties are bound by such a treaty, the relevant provisions of that treaty shall apply, unless the States Parties agree to apply paragraphs 9-29 of this article instead. States parties are strongly encouraged to apply these paragraphs if this facilitates cooperation.  

      8. The Participating States shall not refuse to provide mutual legal assistance in accordance with this article on the basis of bank secrecy.  

      9. (a) The requested State Party, in responding to a request for assistance under this article in the absence of mutual criminalization of the act in question, shall take into account the objectives of this Convention as set out in article 1. ;  

      (b) States Parties may refuse to provide assistance under this article on the grounds that there is no mutual recognition of the offence in question. However, the requested State Party shall provide assistance, when consistent with the basic concepts of its legal system, if such assistance does not involve coercive measures. Such assistance may be refused when the requests involve matters of a de minimis nature or matters in connection with which the requested cooperation or assistance may be provided in accordance with other provisions of this Convention.;  

      (c) Each State Party may consider taking such measures as may be necessary to enable it to provide greater assistance in accordance with this article in the absence of mutual recognition of the offence in question.  

      10. A person who is in custody or serving a prison sentence in the territory of one State Party and whose presence in another State Party is required for the purposes of identification, testimony or other assistance in obtaining evidence for investigation, prosecution or judicial proceedings in connection with offences covered by this Convention may be transferred subject to the following conditions:  

      a) this person freely gives his informed consent to this.;  

      (b) The competent authorities of both States Parties have agreed on such terms and conditions as those States Parties may deem appropriate.  

      11. For the purposes of paragraph 10 of this article:  

      a) The State Party to which the person is transferred has the right and obligation to detain the transferred person, unless the State Party that transferred the person has requested otherwise or authorized otherwise.;  

      (b) The State Party to which the person is transferred shall promptly comply with its obligation to return the person to the custody of the State Party from which the person was transferred, as previously agreed or as otherwise agreed by the competent authorities of both States Parties.;  

      (c) The State Party to which the person is being transferred does not require the State Party that transferred the person to initiate extradition proceedings for his return;  

      (d) The transferred person's term of detention in the State Party to which he or she was transferred shall be credited for the term of his or her sentence served in the State from which he or she was transferred.  

      12. Without the consent of the State Party to which a person is to be transferred in accordance with paragraphs 10 and 11 of this article, that person, regardless of his nationality, shall not be subject to criminal prosecution, detention, punishment or any other restriction of his personal freedom in the territory of the State to which the person is transferred, including in connection with an act, omission or conviction related to the period before his departure from the territory of the State that transferred this person.  

      13. Each State Party shall designate a central authority that is responsible for receiving requests for mutual legal assistance and either for their implementation or for forwarding them to the competent authorities for implementation and has the appropriate authority. If a Participating State has a special region or territory with a separate system for mutual legal assistance, it may designate a special central authority that will perform the same function with respect to that region or territory. The central authorities ensure prompt and proper execution or transmission of requests received. If the central authority transmits the request to the competent authority for execution, it shall facilitate the prompt and proper execution of this request by the competent authority. At the time of deposit by each State Party of its instrument of ratification, acceptance, approval or accession to this Convention, the Secretary-General of the United Nations shall be notified of the central authority designated for this purpose. Requests for mutual legal assistance and any related communications shall be transmitted to the central authorities designated by the Participating States. This requirement is without prejudice to the right of a State Party to require that such requests and communications be sent to it through diplomatic channels and, in case of emergency, where the Participating States have agreed, through the International Criminal Police Organization, if possible.  

      14. Requests shall be made in writing or, if possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, subject to conditions enabling that State Party to establish authenticity. At the time of deposit of the instrument of ratification, acceptance, approval or accession to this Convention, the Secretary-General of the United Nations shall be notified of the language or languages acceptable to each State Party. In exceptional circumstances, and if agreed upon by the Participating States, requests may be made orally, but they are immediately confirmed in writing.  

      15. The request for mutual legal assistance shall specify:  

      (a) The name of the requesting authority;  

      (b) The substance of the matter and the nature of the investigation, prosecution or judicial proceedings to which the request relates, as well as the name and functions of the authority conducting the investigation, prosecution or judicial proceedings;  

      (c) A summary of the relevant facts, with the exception of requests for the service of court documents;  

      (d) A description of the assistance requested and details of any specific procedure that the requesting State Party would like to ensure;  

      (e) Where possible, information on the identity, location and nationality of any person concerned; and  

      (f) The purpose of the requested evidence, information or measures.  

      16. The requested State Party may request additional information if this information is necessary to comply with the request in accordance with its domestic law or if this information may facilitate the execution of such a request.  

      17. The request shall be executed in accordance with the domestic law of the requested State Party and, to the extent this is not contrary to the domestic law of the requested State Party, if possible, in accordance with the procedures specified in the request.  

18. To the extent possible and consistent with fundamental principles of domestic law, if a person is present in the territory of a State Party and is to be heard as a witness or expert by the judicial authorities of another State Party, the former State Party may, at the request of the other State Party, authorize the hearing. by video communication, if the personal presence of the person concerned in the territory of the requesting State Party is not possible or desirable. The Participating States may agree that the hearing shall be conducted by a judicial authority of the requesting State Party in the presence of representatives of the judicial authority of the requested State Party.  

      19. The requesting State Party shall not transmit or use information or evidence provided by the requested State Party for the purpose of conducting investigations, prosecutions or judicial proceedings other than those specified in the request without the prior consent of the requested State Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing, in the course of its proceedings, information or evidence that exonerates the accused. In this case, prior to the disclosure of information or evidence, the requesting State Party shall notify the requested State Party and, if requested to do so, consult with the requested State Party. If, in exceptional cases, advance notification is not possible, the requesting State Party shall promptly inform the requested State Party of such disclosure.  

      20. The requesting State Party may require that the requested State Party maintain confidentiality of the existence and substance of the request, except as necessary to comply with the request itself. If the requested State Party is unable to comply with the confidentiality requirement, it shall promptly inform the requesting State Party accordingly.  

      21. Mutual legal assistance may be refused:  

      (a) If the request has not been submitted in accordance with the provisions of this article;  

      (b) If the requested State Party considers that compliance with the request may prejudice its sovereignty, security, public order or other vital interests.;  

      (c) If the domestic law of the requested State Party prohibits its authorities from carrying out the requested measures in relation to any similar offence, if such offence were the subject of investigation, prosecution or judicial proceedings within its jurisdiction;  

      (d) If the execution of the request would be contrary to the legal system of the requested State Party in relation to mutual legal assistance.  

      22. States Parties may not refuse to comply with a request for mutual legal assistance solely on the grounds that the offence is also considered to be related to tax matters.  

      23. Any refusal to provide mutual legal assistance is motivated.  

      24. The requested State Party shall comply with the request for mutual legal assistance as soon as possible and, as far as possible, fully take into account any deadlines proposed by the requesting State Party and which are motivated, preferably in the request itself.  

      The requesting State Party may make reasonable requests for information on the status and progress of the measures taken by the requested State Party to meet its request.  

      The requested State Party shall respond to reasonable requests from the requesting State Party regarding the status and progress of the request.  

      The requesting State Party shall promptly inform the requested State Party that the requested assistance is no longer necessary.  

      25. Mutual legal assistance may be delayed by the requested State Party on the grounds that it would impede ongoing investigations, criminal prosecutions or judicial proceedings.  

      26. Before refusing to comply with a request pursuant to paragraph 21 of this article or postponing its implementation pursuant to paragraph 25 of this article, the requested State Party shall consult with the requesting State Party in order to determine whether assistance can be provided within such time limits and under such conditions as the requested State Party deems necessary. If the requesting State Party accepts assistance under such conditions, it shall comply with those conditions.  

      27. 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, agrees to testify during the proceedings or assist in the investigation, prosecution or judicial proceedings in the territory of the requesting State Party, shall not be subject to criminal prosecution, detention, punishment or any other restriction of his personal freedom in this territory in connection with an act, omission or conviction, relating to the period prior to his departure from the territory of the requested State Party. Such a guarantee of personal safety shall be terminated if the witness, expert or other person has been able to leave the territory of the requesting State Party for fifteen consecutive days or for any period agreed between the Participating States, starting from the date on which such person was officially notified that his presence was no longer required by the judicial authorities. Nevertheless, they voluntarily remained in this territory or, having left it, returned back of their own free will.  

      28. The normal costs associated with the execution of the request shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. If the execution of the request requires or requires substantial or extraordinary expenses, the Participating States shall consult in order to determine the conditions under which the request will be executed, as well as how the costs will be covered.  

      29. Requested State Party:  

      (a) Provide the requesting State Party with copies of government materials, documents or information in its possession that are publicly available under its domestic law;  

      (b) May, at its discretion, provide to the requesting State Party, in whole or in part, or subject to such conditions as it deems appropriate, copies of any government materials, documents or information in its possession that are not publicly available under its domestic law.  

      30. The Participating States shall consider, as appropriate, the possibility of concluding bilateral or multilateral agreements or arrangements that would meet the objectives of this article, ensure its operation in practice or strengthen its provisions.  

  Article 47 Transfer of criminal proceedings  

      States Parties shall consider the possibility of mutual transfer of proceedings for the purpose of criminal prosecution in connection with an offence established in accordance with this Convention in cases where it is considered that such transfer is in the interests of the proper administration of justice, in particular in cases where several jurisdictions are involved, in order to ensure the consolidation of criminal cases.  

  Article 48 Cooperation between law enforcement agencies  

      1. States Parties shall cooperate closely with each other, acting in accordance with their domestic legal and administrative systems, in order to enhance the effectiveness of law enforcement measures to combat the offences covered by this Convention. The Participating States shall, in particular, take effective measures aimed at:  

      (a) To strengthen or, where necessary, establish channels of communication between their competent authorities, institutions and services in order to ensure the reliable and rapid exchange of information on all aspects of the offences covered by this Convention, including, if the States Parties concerned deem it appropriate, links with other criminal activities;  

      (b) Cooperation with other States Parties in conducting investigations in connection with offences covered by this Convention in order to identify:  

      (i) The identity, location and activities of persons suspected of participating in the commission of such crimes, or the location of other persons involved;  

      (ii) The movement of proceeds of crime or property resulting from the commission of such crimes;  

      (iii) The movement of property, equipment or other assets used or intended to be used in the commission of such crimes;  

      (c) Providing, where appropriate, the necessary items or the required quantity of substances for analysis or investigation purposes;  

      (d) Exchange, as appropriate, with other States Parties information on specific means and methods used to commit offences covered by this Convention, including the use of forged identity documents, forged, altered or forged documents and other means to conceal activities;  

(i) The identity, location and activities of persons suspected of participating in the commission of such crimes, or the location of other persons involved;  

      (ii) The movement of proceeds of crime or property resulting from the commission of such crimes;  

      (iii) The movement of property, equipment or other assets used or intended to be used in the commission of such crimes;  

      (c) Providing, where appropriate, the necessary items or the required quantity of substances for analysis or investigation purposes;  

      (d) Exchange, as appropriate, with other States Parties information on specific means and methods used to commit offences covered by this Convention, including the use of forged identity documents, forged, altered or forged documents and other means to conceal activities;  

      (e) Facilitating effective coordination between their competent authorities, institutions and services and encouraging the exchange of staff and other experts, including, subject to the conclusion of bilateral agreements or arrangements by the Participating States concerned, the deployment of liaison officers;  

      (f) The exchange of information and the coordination of administrative and other measures taken, as appropriate, for the early detection of offences covered by this Convention.  

      2. For the purposes of the practical application of this Convention, States Parties shall consider the possibility of concluding bilateral or multilateral agreements or arrangements on direct cooperation between their law enforcement agencies, and in cases where such agreements or arrangements already exist, their amendments. In the absence of such agreements or arrangements between the States Parties concerned, the States Parties may consider this Convention as the basis for mutual law enforcement cooperation in relation to offences covered by this Convention. Where appropriate, Participating States shall make full use of agreements or arrangements, including mechanisms of international or regional organizations, to enhance cooperation between their law enforcement agencies.  

      3. The Participating States shall endeavour to cooperate, within the limits of their capabilities, in order to counter crimes covered by this Convention committed using modern technologies.  

  Article 49 Joint investigations  

      The Participating States shall consider the possibility of concluding bilateral or multilateral agreements or arrangements by virtue of which, in connection with cases that are the subject of investigation, prosecution or judicial proceedings in one or more States, the competent authorities concerned may establish bodies to conduct joint investigations. In the absence of such agreements or arrangements, joint investigations may be conducted by agreement on a case-by-case basis. The Participating States concerned shall ensure full respect for the sovereignty of the Participating State in whose territory such an investigation is to be conducted.  

  Article 50 Special investigative techniques  

      1. In order to effectively combat corruption, each State Party, to the extent permitted by the basic principles of its domestic legal system and under conditions established by its domestic law, shall take, within its capabilities, such measures as may be necessary to permit the proper use by its competent authorities of controlled supplies. and in cases where it deems it appropriate, the use of other special investigative techniques such as electronic surveillance or other forms of surveillance, as well as undercover operations., on its territory, as well as to ensure that evidence collected through such methods is admitted to court.  

      2. For the purpose of investigating offences covered by this Convention, States Parties are encouraged to conclude, where appropriate, appropriate bilateral or multilateral agreements or arrangements for the use of such special investigative techniques in the context of international cooperation. Such agreements or arrangements are concluded and implemented in full compliance with the principle of sovereign equality of States and are implemented in strict accordance with the terms of these agreements or arrangements.  

      3. In the absence of an agreement or arrangement referred to in paragraph 2 of this article, decisions on the use of such special investigative techniques at the international level are made on a case-by-case basis and may, if necessary, take into account financial arrangements and understandings regarding the exercise of jurisdiction by the States Parties concerned.  

      4. Decisions on the use of controlled shipments at the international level may, with the consent of the Participating States concerned, include methods such as intercepting goods or supplies and leaving them untouched or removing or replacing them, in whole or in part.  

Chapter V Asset recovery measures

  Article 51 General provision  

      Asset recovery under this chapter is a fundamental principle of this Convention, and States Parties shall cooperate and assist each other to the fullest extent possible in this regard.  

  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 subject to its jurisdiction to verify the identity of customers, to take reasonable measures to identify the beneficial owners of funds deposited in accounts with large the amount of funds, and to implement stricter control measures in relation to accounts that are trying to open or that are maintained by individuals, those who have or have had significant public authority, members of their families and partners closely associated with them, or on behalf of any of the above-mentioned persons. Such stricter controls are reasonably designed to detect suspicious transactions for the purpose of reporting them to the competent authorities, and they should not be interpreted as preventing or prohibiting financial institutions from doing business with any legitimate customer.  

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

      (a) Issues guidelines for those categories of natural or legal persons in respect of whose accounts stricter controls will be expected from financial institutions under its jurisdiction, on the types of accounts and transactions to which special attention should be paid, and on appropriate measures for opening and maintaining accounts, and the accounting of accounts that should be accepted in relation to such accounts; and  

      (b) Notify financial institutions under its jurisdiction, as appropriate, at the request of another State Party or on its own initiative, of the identity of specific individuals or entities whose accounts such institutions would be expected to apply stricter controls to, in addition to those whose identities the financial institutions they can be installed in a different order.  

      3. In the context of paragraph 2 (a) of this article, each State Party shall take measures to ensure that its financial institutions maintain, for an appropriate period of time, proper records of accounts and transactions involving the persons referred to in paragraph 1 of this article, which should include, at a minimum, information related to the identity of the client, as well as, as far as possible, the beneficial owner.  

      4. In order to prevent and detect transfers of proceeds of crime established in accordance with this Convention, each State Party shall implement appropriate and effective measures to prevent, through its regulatory and supervisory authorities, the establishment of banks that do not have a physical presence and that are not affiliated with any regulated financial group. In addition, Participating States may consider the possibility of requiring their financial institutions to refuse to enter into correspondent banking relationships with such institutions or to continue such relationships, as well as to avoid establishing relationships with foreign financial institutions that allow the use of accounts in them by banks that do not have a physical presence or that are not affiliated with anyor a regulated financial group.  

5. Each State Party shall consider establishing, in accordance with its domestic law, effective systems providing for financial disclosure of relevant public officials and shall establish appropriate sanctions for non-compliance with these requirements. Each State Party shall also consider taking such measures as may be necessary to enable its competent authorities to exchange such information with competent authorities in other States Parties, when necessary for the investigation, declaration of rights and measures for the recovery of proceeds of crimes 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 relevant public officials who have an interest in, or the right to sign, or other authority over, a financial account in a foreign country to report it. to the appropriate authorities and to keep proper records relating to such accounts. Such measures also provide for the application of appropriate sanctions for non-compliance with these requirements.  

  Article 53 Measures for the immediate return of property  

      Each State Party, in accordance with its domestic legislation:  

      (a) Take such measures as may be necessary to allow another State Party to bring civil actions in its courts for the establishment of title or ownership of property acquired as a result of the commission of any of the offences established in accordance with this Convention.;  

      (b) Adopt such measures as may be necessary to enable its courts to order those persons who have committed offences established in accordance with this Convention to pay compensation or damages to another State Party that has suffered damage as a result of the commission of such offences; and  

      (c) Take such measures as may be necessary to enable its courts or competent authorities, when making decisions on confiscation, to recognize the claims of another State Party as the legitimate owner of property acquired as a result of the commission of any of the offences established in accordance with this Convention.  

  Article 54 Mechanisms for the seizure of property through international cooperation in confiscation  

      1. Each State Party, in order to provide mutual legal assistance in accordance with  article 55 of this Convention in respect of property acquired as a result of the commission of any of the offences established in accordance with this Convention, or used in the commission of such offences, in accordance with its domestic law:  

      (a) Adopt such measures as may be necessary to enable its competent authorities to enforce confiscation orders issued by the courts of another State Party;  

      (b) Adopt such measures as may be necessary to enable its competent authorities, within their jurisdiction, to order the confiscation of such property of foreign origin when adjudicating on money laundering offences or such other offences as may fall within its jurisdiction, or when using other procedures; permitted by its domestic law; and  

      (c) Consider taking such measures as may be necessary to enable the confiscation of such property without conviction in criminal proceedings in cases where the offender cannot be prosecuted because of death, concealment or absence, or in other appropriate cases.  

      2. Each State Party, in order to provide mutual legal assistance upon a request made in accordance with paragraph 2 of article 55 of this Convention, in accordance with its domestic law:  

      (a) Take such measures as may be necessary to allow its competent authorities to freeze or seize property in accordance with a freezing or seizure order issued by a court or competent authority of the requesting State Party, which sets out reasonable grounds for the requested State Party to believe that there are sufficient grounds for taking such measures and that the property will eventually be subject to a confiscation order for the purposes of paragraph 1 (a) of this article;  

      (b) Take such measures as may be necessary to allow its competent authorities to freeze or seize property upon a request that sets out reasonable grounds for the requested State Party to believe that there are sufficient motives for taking such measures and that an order will eventually be issued in respect of such property. confiscation for the purposes of paragraph 1 (a) of this article; and  

      (c) Considers taking additional measures to allow its competent authorities to retain property for purposes of confiscation, for example, on the basis of a foreign arrest warrant or criminal charges in connection with the acquisition of such property.  

  Article 55 International cooperation for purposes of confiscation  

      1. A State Party that has received from another State Party under whose jurisdiction an offence established in accordance with this Convention falls a request for the confiscation of proceeds of crime, property, equipment or other means of committing offences located on its territory referred to in paragraph 1 of article 31 of this Convention, in accordance with to the maximum extent possible within its domestic legal system:  

      (a) Forward the request to its competent authorities in order to obtain a confiscation order and, if such an order is issued, enforce it; or  

      (b) Transmit to its competent authorities a confiscation order issued by a court in the territory of the requesting State Party in accordance with article 31, paragraph 1, and article 54, paragraph 1 (a), of this Convention, with a view to its enforcement to the extent specified in the request and to the extent that it relates to in the territory of the requested State Party, proceeds of crime, property, equipment or other means of committing crimes referred to in paragraph 1 of article 31.  

      2. Upon receipt of a request from another State Party having jurisdiction over an offence established in accordance with this Convention, the requested State Party shall take measures to identify, trace, freeze or seize proceeds of crime, property, equipment or other means of committing the offences referred to in paragraph 1 of article 31. of this Convention, for the purpose of subsequent confiscation, ordered either by the requesting State Party, or, as requested under paragraph 1 of this article, by the requested State Party.  

      3. The provisions of article 46 of this Convention shall apply, mutatis mutandis, to this article. In addition to the information specified in paragraph 15 of article 46, requests sent on the basis of this article contain:  

      (a) In the case of the request provided for in paragraph 1 (a) of this article, a description of the property to be confiscated, including, as far as possible, information on the location and, if appropriate, the estimated value of the property and a statement of the facts referred to by the requesting State Party, which are sufficient to to enable the requested State Party to take measures to issue an order in accordance with its domestic law;  

      (b) In relation to the request provided for in paragraph 1 (b) of this article, - a legally permissible copy of the confiscation order issued by the requesting State Party on which the request is based, a statement of facts and information regarding the scope of the requested enforcement of the order, a statement indicating the measures taken by the requesting State Party to provide appropriate notification to bona fide third parties and ensure that due process is followed, and a statement that that the confiscation order is final;  

      (c) In the case of a request provided for in paragraph 2 of this article, a statement of the facts referred to by the requesting State Party and a description of the requested measures, as well as, if any, a legally permissible copy of the decision on which the request is based.  

      4. The decisions or measures provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with the provisions of its domestic law and its procedural rules or any bilateral or multilateral agreements or arrangements by which it may be bound in relations with the requesting State Party, and subject to their observance.  

      5. Each State Party shall submit to the Secretary-General of the United Nations the texts of its laws and regulations implementing the provisions of this article, as well as the texts of any subsequent amendments to such laws and regulations or their descriptions.  

6. If a State Party wishes to make 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 to be the necessary and sufficient legal framework.  

      7. Cooperation under this article may also be refused or interim measures may be lifted if the requested State Party does not receive sufficient evidence in a timely manner or if the property has a minimal value.  

      8. Prior to the lifting of any interim measure taken in accordance with this article, the requested State Party shall, whenever possible, provide the requesting State Party with an opportunity to state its reasons for continuing to implement such measure.  

      9. The provisions of this article shall not be interpreted in such a way as to prejudice the rights of bona fide third parties.  

  Article 56 Special cooperation  

      Without prejudice to its domestic law, each State Party shall endeavour to take measures to enable it to transmit, without prejudice to its own investigation, prosecution or judicial proceedings, information on proceeds of crimes established in accordance with this Convention to another State Party without prior request, when it considers that disclosure of such information The information may assist the receiving State Party in initiating or conducting an investigation., criminal prosecution or judicial proceedings, or may lead to a request by that State Party in accordance with this chapter of the Convention.  

  Article 57 Asset recovery and disposal  

      1. Property confiscated by a State Party pursuant to article 31 or article 55 of this Convention shall be disposed of, including the return of such property to its previous rightful owners, in accordance with paragraph 3 of this article, by that State Party in accordance with the provisions of this Convention and its domestic law.  

      2. Each State Party shall adopt, in accordance with the fundamental principles of its domestic law, such legislative and other measures as may be necessary to enable its competent authorities to return confiscated property when acting on a request from another State Party in accordance with this Convention, taking into account the rights of bona fide third parties..  

      3. In accordance with articles 46 and 55 of this Convention and paragraphs 1 and 2 of this article, the requested State Party:  

      (a) In the case of embezzlement of public funds or laundering of stolen public funds, as referred to in articles 17 and 23 of this Convention, if the confiscation was carried out in accordance with article 55 and on the basis of a final judicial decision rendered in the requesting State Party, and this requirement may be waived by the requested State Party, - Returns the confiscated property to the requesting State Party;  

      (b) In the case of proceeds from any other offence covered by this Convention, if the confiscation was carried out in accordance with article 55 of this Convention and on the basis of a final judicial decision rendered in the requesting State Party, and this requirement may be waived by the requested State Party., - Returns the confiscated property to the requesting State Party if the requesting State Party reasonably proves to the requested State Party its pre-existing ownership of such confiscated property, or if the requested State Party recognizes the damage caused to the requesting State Party as the basis for returning the confiscated property.;  

      (c) In all other cases, consider, as a matter of priority, the return of confiscated property to the requesting State Party, the return of such property to its previous rightful owners, or the payment of compensation to victims of the crime.  

      4. In appropriate cases, unless the States Parties decide otherwise, the requested State Party may deduct reasonable expenses incurred during the investigation, prosecution or judicial proceedings that led to the return or disposal of confiscated property in accordance with this article.  

      5. Where appropriate, Participating States may also give special consideration to the possibility of concluding agreements or mutually acceptable arrangements on a case-by-case basis regarding the final disposition of confiscated property.  

  Article 58 Units for collecting operational financial information  

      States Parties shall cooperate with each other in order to prevent and combat the transfer of proceeds of crimes established in accordance with this Convention, as well as to facilitate the use of ways and means of seizing such proceeds, and, to this end, shall consider establishing a unit for the collection of operational financial information, which will be responsible for receiving, analyzing, and sending reports of suspicious financial transactions to the competent authorities.  

  Article 59 Bilateral and multilateral agreements and arrangements  

      The Participating States shall consider the possibility of concluding bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation carried out in accordance with this chapter of the Convention.  

Chapter VI Technical assistance and information exchange

  Article 60 Training and technical assistance  

      1. Each Participating State shall, to the extent necessary, develop, implement or improve specific training programmes for its personnel responsible for preventing and combating corruption. Such training programmes may address, among other things, the following areas:  

      (a) Effective measures to prevent, detect, investigate, punish and combat corruption, including the use of evidence-gathering and investigative techniques;  

      (b) Capacity-building in the development and planning of a strategic anti-corruption policy;  

      (c) Training of staff of competent authorities on the preparation of requests for mutual legal assistance that meet the requirements of this Convention;  

      (d) Assessment and strengthening of institutions, public service management and public finance management, including public procurement, and the private sector;  

      (e) Preventing the transfer of proceeds of crimes established in accordance with this Convention, as well as the seizure of such proceeds;  

      (f) The identification and suspension of transactions involving the transfer of proceeds of crime established in accordance with this Convention;  

      (g) Tracing the movement of proceeds of crimes established in accordance with this Convention and the methods used to transfer, conceal or conceal such proceeds;  

      (h) Appropriate and effective legal and administrative mechanisms and methods to facilitate the seizure of proceeds of crimes established in accordance with this Convention;  

      (i) The methods used in the protection of victims and witnesses who cooperate with judicial authorities; and  

      (j) Staff training on issues related to national and international regulations and language learning.  

      2. The Participating States, taking into account their capabilities, shall consider providing each other with the widest possible technical assistance, especially for the benefit of developing countries, in connection with their respective plans and programmes to combat corruption, including material support and training in the areas referred to in paragraph 1 of this article, as well as training and Provision of assistance and mutual exchange of relevant experience and expertise, which will facilitate international cooperation between Participating States on extradition and mutual legal assistance.  

      3. The Participating States shall intensify, as far as necessary, efforts aimed at maximizing the effectiveness of practical and educational activities in international and regional organizations and within the framework of relevant bilateral and multilateral agreements or arrangements.  

      4. The Participating States shall consider assisting each other, upon request, in carrying out assessments, research and development on the types, causes, consequences and costs of corruption in their respective countries, with a view to developing, with the participation of competent authorities and society, strategies and action plans to combat corruption.  

      5. In order to facilitate the seizure of proceeds of crimes established in accordance with this Convention, States Parties may cooperate in providing each other with the names of experts who can assist in achieving this goal.  

      6. The Participating States shall consider using subregional, regional and international conferences and seminars to promote cooperation and technical assistance and to stimulate discussion of issues of mutual interest, including the special problems and needs of developing countries and countries with economies in transition.  

      7. States Parties shall consider establishing voluntary mechanisms to provide financial assistance to the efforts of developing countries and countries with economies in transition to implement this Convention through technical assistance programmes and projects.  

8. Each State Party shall consider making voluntary contributions to the United Nations Office on Drugs and Crime in order to facilitate, through the Office, the implementation of programmes and projects in developing countries for the implementation of this Convention.  

  Article 61 Collection and analysis of information on corruption and exchange of such information  

      1. Each Participating State shall consider conducting, in consultation with experts, an analysis of corruption trends in its territory, as well as the conditions in which corruption offenses are committed.  

      2. The Participating States, with a view to developing, as far as possible, common definitions, standards and methodologies, shall consider the possibility of expanding statistical data, analytical knowledge on corruption and information, including on best practices in preventing and combating corruption, and sharing them among themselves and through international and regional organizations. regional organizations.  

      3. Each State Party shall consider monitoring its anti-corruption policies and practical measures, as well as evaluating their effectiveness and efficiency.  

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

      1. States Parties shall take measures to promote the optimal implementation of this Convention, as far as possible, through international cooperation, taking into account the negative effects of corruption on society as a whole, including on sustainable development.  

      2. The Participating States, to the extent possible and in coordination with each other, as well as with international and regional organizations, shall make concrete efforts to:  

      (a) To enhance its cooperation at various levels with developing countries in order to strengthen the capacities of these countries in the field of preventing and combating corruption;  

      (b) To enhance financial and material assistance to support the efforts of developing countries to effectively prevent and combat corruption and to assist them in the successful implementation of this Convention;  

      (c) Providing technical assistance to developing countries and countries with economies in transition to help meet their needs in connection with the implementation of this Convention. To this end, States Parties shall endeavour to make sufficient voluntary contributions on a regular basis to an account specifically designated for this purpose in the United Nations funding mechanism. States Parties may also give special consideration, in accordance with their domestic legislation and the provisions of this Convention, to the possibility of transferring to the aforementioned account a certain proportion of funds or the corresponding value of proceeds of crime or property confiscated in accordance with the provisions of this Convention.;  

      (d) Encouraging and persuading other States and financial institutions, as appropriate, to join them in the efforts undertaken in accordance with this article, including by providing developing countries with more training programmes and modern equipment to help them achieve the objectives of this Convention.  

      3. To the extent possible, these measures are without prejudice to existing foreign aid obligations or other financial cooperation arrangements at the bilateral, regional or international level.  

      4. The Participating States may conclude bilateral or multilateral agreements or arrangements on logistical assistance, taking into account the financial arrangements necessary to ensure the effectiveness of international cooperation provided for in this Convention, as well as to prevent, detect and combat corruption.  

Chapter VII Implementation mechanisms

  Article 63 Conference of the States Parties to the Convention  

      1. A Conference of the States Parties to the Convention is hereby established with a view to enhancing the capacity of States Parties and cooperation among them to achieve the objectives set out in this Convention, as well as to promote and review the implementation of this Convention.  

      2. The Secretary-General of the United Nations shall convene a Conference of the States Parties no later than one year after the entry into force of this Convention. Thereafter, regular meetings of the Conference shall be held in accordance with the rules of procedure adopted by the Conference of the States Parties.  

      3. The Conference of the States Parties shall adopt rules of procedure and rules governing the conduct of the activities referred to in this article, including rules concerning the admission and participation of observers and the payment of expenses incurred in carrying out these activities.  

      4. The Conference of the States Parties shall agree on the types of activities, procedures and working methods for achieving the objectives set out in paragraph 1 of this article, including:  

      (a) Facilitating the activities of States Parties in accordance with  articles 60 and 62 and chapters II to V of this Convention, including by encouraging the mobilization of voluntary contributions;  

      (b) Facilitating the exchange of information between Participating States on forms of corruption and trends in this area, as well as on successful methods of preventing, combating and recovering proceeds of crime, through, inter alia, the publication of relevant information referred to in this article;  

      (c) Cooperation with relevant international and regional organizations and mechanisms, as well as non-governmental organizations;  

      (d) Appropriate use of relevant information produced by other international and regional mechanisms to prevent and combat corruption, in order to avoid unnecessary duplication of work;  

      (e) Periodic review of the implementation of this Convention by its States Parties;  

      (f) Making recommendations for the improvement of this Convention and its implementation;  

      (g) Taking into account the technical assistance needs of States Parties in connection with the implementation of this Convention and making recommendations on any actions it may consider necessary in this regard.  

      5. For the purpose of paragraph 4 of this article, the Conference of the States Parties shall receive the necessary information on the measures taken by States Parties in the implementation of this Convention and the difficulties they have encountered in doing so, on the basis of information provided by them and through such additional review mechanisms as may be established by the Conference of the States Parties.  

      6. Each State Party shall provide the Conference of States Parties with information on its programmes, plans and practices, as well as on legislative and administrative measures aimed at implementing this Convention, as required by the Conference of States Parties. The Conference of the States Parties shall examine the most effective ways of obtaining such information and making appropriate decisions based on it, including, inter alia, information received from States Parties and from competent international organizations. Materials received from relevant non-governmental organizations, duly accredited in accordance with procedures to be determined by a decision of the Conference of the States Parties, may also be considered.  

      7. In accordance with paragraphs 4-6 of this article, the Conference of the States Parties, if it deems it necessary, shall establish any appropriate mechanism or body to facilitate the effective implementation of the Convention.  

  Article 64 The Secretariat  

      1. The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the States Parties to the Convention.  

      2. The Secretariat:  

      (a) Assist the Conference of the States Parties in carrying out the activities referred to in article 63 of this Convention, as well as organize and provide necessary services to the sessions of the Conference of the States Parties;  

      (b) Upon request, assist States Parties in providing information to the Conference of the States Parties, as provided for in paragraphs 5 and 6 of article 63 of this Convention; and  

      (c) Ensure the necessary coordination with the secretariats of other relevant international and regional organizations.  

Chapter VIII Final provisions

  Article 65 Implementation of the Convention  

      1. Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with the fundamental principles of its domestic law, to ensure the implementation of its obligations under this Convention.  

      2. Each State Party may take stricter or more severe measures than those provided for in this Convention to prevent and combat corruption.  

  Article 66 Settlement of disputes  

      1. The Participating States shall endeavour to settle disputes concerning the interpretation or application of this Convention through negotiations.  

2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention that cannot be settled through negotiation within a reasonable period of time shall, at the request of one of these States Parties, be submitted to arbitration. If, within six months from the date of the request for arbitration, these Participating States are unable to agree on its organization, any of these Participating States may refer the dispute to the International Court of Justice by filing an application in accordance with the Statute of the Court.  

      3. Each State Party may, at the time of signing, ratifying, accepting, approving or acceding to this Convention, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties are not bound by paragraph 2 of this article in respect of any State Party that has made such a reservation.  

      4. A State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification addressed to the Secretary-General of the United Nations.  

  Article 67 Signature, ratification, acceptance, approval and accession  

      1. This Convention shall be open for signature by all States from December 9 to December 11, 2003 in Merida, Mexico, and thereafter at United Nations Headquarters in New York until December 9, 2005.  

      2. This Convention is also open for signature by regional economic integration organizations, provided that at least one of the member States of such an organization has signed this Convention in accordance with paragraph 1 of this article.  

      3. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done the same. In this instrument of ratification, acceptance or approval, such organization shall declare the scope of its competence with respect to matters governed by this Convention. Such an organization shall also inform the depositary of any relevant change in the scope of its competence.  

      4. This Convention is open for accession by any State or any regional economic integration organization, at least one of whose member States is a Party to this Convention. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Upon accession, a regional economic integration organization shall declare the scope of its competence with respect to matters governed by this Convention. Such an organization shall also inform the depositary of any relevant change in the scope of its competence.  

  Article 68 Entry into force  

      1. This Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any such instrument deposited by a regional economic integration organization shall not be considered as additional to the instruments deposited by the member States of such organization.  

      2. For each State or regional economic integration organization that ratifies, accepts, approves or accedes to this Convention after the deposit of the thirtieth instrument of ratification or instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or instrument or on the date of entry into force of this Convention. The Convention shall enter into force in accordance with paragraph 1 of this article, whichever is later.  

  Article 69 Amendments  

      1. Five years after the entry into force of this Convention, a State Party may propose an amendment and transmit it to the Secretary-General of the United Nations, who shall then transmit the proposed amendment to the States Parties and to the Conference of the States Parties to the Convention for the purpose of considering and deciding on the proposal. The Conference of the States Parties shall make every effort to reach consensus on each amendment. If all efforts to reach consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require a two-thirds majority vote of the States Parties present and voting at the meeting of the Conference of the States Parties.  

      2. In matters within their competence, regional economic integration organizations shall exercise their right to vote in accordance with this article, having a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations do not exercise their right to vote if their member States exercise their right to vote, and vice versa.  

      3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by the Participating States.  

      4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of its deposit with the Secretary-General of the United Nations of its instrument of ratification, acceptance or approval of such amendment.  

      5. When an amendment enters into force, it becomes binding on those States Parties that have expressed their consent to be bound by it. The other Participating States shall continue to be bound by the provisions of this Convention and any amendments previously ratified, accepted or approved by them.  

  Article 70 Denunciation  

      1. A State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.  

      2. A regional economic integration organization shall cease to be a Party to this Convention when all its member States have denounced this Convention.  

  Article 71 Depositary and languages  

      1. The Secretary-General of the United Nations is appointed as the depositary of this Convention.  

      2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.  

      IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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