The United Nations Convention against Corruption emphasizes the responsibility of Governments to put in place effective whistle-blower protection to ensure that persons who speak up are. States Parties shall, as appropriate and in accordance with the fundamental principles of their legal system, collaborate with each other and with relevant international and regional organizations in promoting and developing the measures referred to in this article. The provisions of this article shall not be construed as prejudicing the rights of bona fide third parties. Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Background paper prepared by the Secretariat, Action against National and Transnational Economic and Organized Crime, and the Role of Criminal Law in the Protection of the Environment: National Experiences and International Cooperation (A/CONF.169/14, 13 April 1995) The text of the convention against corruption was negotiated during seven sessions of the Ad Hoc Committee for the Negotiation of the Convention against Corruption, held between 21 January 2002 and 1 October 2003 in Vienna. The promise, offering or giving to a public official or any other person, directly or indirectly, of an undue advantage in order that the public official or the person abuse his or her real or supposed influence with a view to obtaining from an administration or public authority of the State Party an undue advantage for the original instigator of the act or for any other person; The solicitation or acceptance by a public official or any other person, directly or indirectly, of an undue advantage for himself or herself or for another person in order that the public official or the person abuse his or her real or supposed influence with a view to obtaining from an administration or public authority of the State Party an undue advantage. Such measures shall also provide for appropriate sanctions for non-compliance. . The General Assembly noted the progress made by the Ad Hoc Committee and urged the Ad Hoc Committee to endeavour to complete its work by the end of 2003. : United Nations Convention against Corruption . States Parties shall, according to their capacity, consider affording one another the widest measure of technical assistance, especially for the benefit of developing countries, in their respective plans and programmes to combat corruption, including material support and training in the areas referred to in paragraph 1 of this article, and training and assistance and the mutual exchange of relevant experience and specialized knowledge, which will facilitate international cooperation between States Parties in the areas of extradition and mutual legal assistance. til 2.652 kr. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offence to which this article applies. Each State Party shall take such measures as may be necessary to establish or maintain, in accordance with its legal system and constitutional principles, an appropriate balance between any immunities or jurisdictional privileges accorded to its public officials for the performance of their functions and the possibility, when necessary, of effectively investigating, prosecuting and adjudicating offences established in accordance with this Convention. un cybercrime treaty negotiations. 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 time shall, at the request of one of those States Parties, be submitted to arbitration. Each State Party shall consider monitoring its policies and actual measures to combat corruption and making assessments of their effectiveness and efficiency. Such cooperation may include: Each State Party shall ensure that, in the case of domestic criminal investigations of offences established in accordance with this Convention, there are appropriate mechanisms available within its domestic legal system to overcome obstacles that may arise out of the application of bank secrecy laws. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State Party to serve the sentence imposed as a result of the trial or proceedings for which the extradition or surrender of the person was sought and that State Party and the State Party seeking the extradition of the person agree with this option and other terms that they may deem appropriate, such conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 11 of this article. Each State Party shall, in accordance with the fundamental principles of its legal system, take the necessary steps to establish appropriate systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. The provisions of article 46 of this Convention are applicable, mutatis mutandis, to this article. Report of the Secretary-General, Existing international legal instruments, recommendations and other documents addressing corruption (E/CN.15/2001/3 and Corr.1, 2 April 2001) Concerned also about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money- laundering. When you click 'accept', you consent to all cookies. English French Spanish, 2022 UNCAC Coalition All Rights Reserved | Impressum Contact us | Privacy Policy | Cookie Policy, Would you like to hear more about the UNCAC Coalition and receive monthly updates? Such measures shall encompass, inter alia: Procedures for the adoption of the national budget; Timely reporting on revenue and expenditure; A system of accounting and auditing standards and related oversight; Effective and efficient systems of risk management and internal control; and. In the absence of such agreements or arrangements between the States Parties concerned, the States Parties may consider this Convention to be the basis for mutual law enforcement cooperation in respect of the offences covered by this Convention. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the "Torture Convention") was adopted by the General Assembly of the United Nations on 10 December 1984 (resolution 39/46). The United Nations Convention against Corruption is the only legally binding universal anti-corruption instrument. Secretariat: United Nations Office on Drugs and Crime (UNODC) The UN Convention Against Corruption and UNGASS political declaration can act as an important baseline of good practice to help procurement teams navigate these challenges and adapt to the future. For the purpose of investigating the offences covered by this Convention, States Parties are encouraged to conclude, when necessary, appropriate bilateral or multilateral agreements or arrangements for using such special investigative techniques in the context of cooperation at the international level. Each State Party shall, in accordance with the fundamental principles of its legal system, take appropriate measures to promote transparency and accountability in the management of public finances. So what is still holding us back from strong, effective implementation? We use cookies to support the functionality of this website and to monitor its use, as well as to facilitate our outreach. UN Convention against Corruption gets go-ahead after 30 ratifications 15 September 2005 The first international treaty against governmental corruption, a major obstacle to development in poor. Third Committee of the General Assembly, Summary records of meetings Nos. Draft United Nations Convention against Corruption (A/AC.261/3 (Parts I, II, and III, 27 December 2001 and Part IV, 4 January 2002) And we have better technology, red flags methodologies, and change management approaches to minimize these risks than ever before. Without prejudice to article 14 of this Convention, each State Party shall take such measures as may be necessary, in accordance with its domestic law, to require financial institutions within its jurisdiction to verify the identity of customers, to take reasonable steps to determine the identity of beneficial owners of funds deposited into high-value accounts and to conduct enhanced scrutiny of accounts sought or maintained by or on behalf of individuals who are, or have been, entrusted with prominent public functions and their family members and close associates. Before refusing a request pursuant to paragraph 21 of this article or postponing its execution pursuant to paragraph 25 of this article, the requested State Party shall consult with the requesting State Party to consider whether assistance may be granted subject to such terms and conditions as it deems necessary. Before lifting any provisional measure taken pursuant to this article, the requested State Party shall, wherever possible, give the requesting State Party an opportunity to present its reasons in favour of continuing the measure. Report of the Ad Hoc Committee for the Negotiation of a convention against Corruption on its seventh session, held in Vienna from 29 September to 1 October 2003 (A/AC.261/25) The United Nations Convention against Corruption entered into force on 14 December 2005, 90 days following the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession, in accordance with its article 68. Priser Anmeldelser Statistik Produktinfo Kun p lager Pris med fragt Leveringsmuligheder Laveste pris 4.2 The United Nations Convention Against Corruption 1.986 kr. UN Convention against Corruption: Progress report 2013 25 November 2013 Transparency International has actively supported the UNCAC from the early days, beginning with the Vienna negotiations in 2001-2003, and participated in the 2003 signing conference in Merida. It is the first global agreement on measures against corruption, which legally binds States Parties, on an equal footing to implement the convention. This Convention shall apply, in accordance with its terms, to the prevention, investigation and prosecution of corruption and to the freezing, seizure, confiscation and return of the proceeds of offences established in accordance with this Convention. Each State Party shall consider establishing, in accordance with its domestic law, effective financial disclosure systems for appropriate public officials and shall provide for appropriate sanctions for non-compliance. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Such systems, which may take into account appropriate threshold values in their application, shall address, inter alia: The public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders; The establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication; The use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures; An effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed; Where appropriate, measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements. Each State Party shall make the commission of an offence established in accordance with this Convention liable to sanctions that take into account the gravity of that offence. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative. b) To promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery; c) To promote integrity, accountability and proper management of public affairs and public property. Corruption is a considerable obstacle to economic and social development around the world. The provisions of this article shall not be so construed as to prejudice the rights of bona fide third parties. Each State Party shall endeavour to periodically evaluate relevant legal instruments and administrative measures with a view to determining their adequacy to prevent and fight corruption. The United Nations Convention Against Corruption (Hardback, 2019) Bedm Overvg pris Sammenlign Engelsk, Indbundet, Rose, Cecily Sammenlign priser fra 1.986 kr. Adopted by the General Assembly, by its resolution 58/4 of 31 October 2003. Each State Party, in order to provide mutual legal assistance upon a request made pursuant to paragraph 2 of article 55 of this Convention, shall, in accordance with its domestic law: Take such measures as may be necessary to permit its competent authorities to freeze or seize property upon a freezing or seizure order issued by a court or competent authority of a requesting State Party that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph 1 (a) of this article; Take such measures as may be necessary to permit its competent authorities to freeze or seize property upon a request that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph 1 (a) of this article; and. On the recommendation of the Commission, and of the Economic and Social Council in its resolution 1996/8, the General Assembly adopted resolution 51/59 of 12 December 1996, which contained the International Code of Conduct for Public Officials and recommended the Code to Member States as a tool to guide their efforts against corruption. cloudflare teams login. States Parties shall consider developing and sharing with each other and through international and regional organizations statistics, analytical expertise concerning corruption and information with a view to developing, insofar as possible, common definitions, standards and methodologies, as well as information on best practices to prevent and combat corruption. It was decided that the Ad Hoc Committee for the Negotiation of a Convention against Corruption should negotiate a broad and effective convention, which subject to the final determination of its title, would be referred to as the United Nations Convention against Corruption and would adopt a multidisciplinary approach. Third Committee of the General Assembly, Summary records of meeting Nos. Report prepared by the Secretariat, on the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Havana, 27 August 7 September 1990 (A/CONF.144/28/Rev.1) Where a person referred to in paragraph 1 of this article located in one State Party can provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider entering into agreements or arrangements, in accordance with their domestic law, concerning the potential provision by the other State Party of the treatment set forth in paragraphs 2 and 3 of this article. In matters of international cooperation, whenever dual criminality is considered a requirement, it shall be deemed fulfilled irrespective of whether the laws of the requested State Party place the offence within the same category of offence or denominate the offence by the same terminology as the requesting State Party, if the conduct underlying the offence for which assistance is sought is a criminal offence under the laws of both States Parties. We expect them to buy things as cheaply as possible, as quickly as possible, to a high quality standard. Pursuant to paragraphs 4 to 6 of this article, the Conference of the States Parties shall establish, if it deems it necessary, any appropriate mechanism or body to assist in the effective implementation of the Convention. 1 (E/2002/99)). 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. The United Nations Convention Against Corruption (UNCAC) is the only legally binding international anti-corruption multilateral treaty. I. OVERVIEW OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION AND SOME INITIAL OBSERVATIONS REGARDING ITS APPROACH AND EFFECT The UN Convention is by far the broadest in scope, as well as the most detailed, complex, and far-reaching, of any of the international anticorruption treaties to date. Learn about how to publish data through the Open Contracting Data Standard and how to find and use it. The Conference of the States Parties shall examine the most effective way of receiving and acting upon information, including, inter alia, information received from States Parties and from competent international organizations. Open contracting delivers. United Nations Convention against Corruption, Procedural History on the Convention against Transnational Organized Crime, General Assembly resolution 51/59 of 12 December 1996, General Assembly resolution 54/128 of 17 December 1999, General Assembly resolution 55/61 of 4 December 2000, Terms of reference for the negotiation of an international legal instrument against corruption, General Assembly resolution 57/169 of 18 December 2002, General Assembly resolution 58/4 of 31 October 2003. On the recommendation of the Commission at its fourth session (E/CN.15/1995/13), the Economic and Social Council adopted resolution 1995/14 of 24 July 1995, in which it requested the Secretary-General to continue his consultations with Governments to revise further the text of the draft code and to present it to the Commission at its fifth session. 8th Regional Meeting for Sub-Saharan Africa: Funding of Candidatures for Elected Public Office and the Funding of Political Parties Where are we now? This participation should be strengthened by such measures as: Institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons that provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly susceptible to money-laundering, within its competence, in order to deter and detect all forms of money-laundering, which regime shall emphasize requirements for customer and, where appropriate, beneficial owner identification, record-keeping and the reporting of suspicious transactions. Each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures. We have stories emerging around the world that show us what works, what doesnt. General Assembly resolution 58/4 of 31 October 2003 (United Nations Convention against Corruption) The UN Convention Against Corruption and UNGASS political declaration can act as an important baseline of good practice to help procurement teams navigate these challenges and adapt to the future. Each State Party shall, in accordance with the fundamental principles of its domestic law, endeavour to adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interest. However, this shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person. In order to combat corruption effectively, each State Party shall, to the extent permitted by the basic principles of its domestic legal system and in accordance with the conditions prescribed by its domestic law, take such measures as may be necessary, within its means, to allow for the appropriate use by its competent authorities of controlled delivery and, where it deems appropriate, other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, within its territory, and to allow for the admissibility in court of evidence derived therefrom. General Assembly, Verbatim record of the 77th plenary meeting of the fifty-seventh session, held on 18 December 2002 (A/57/PV.77) On 22 December 1999, the General Assembly, by its resolution 54/205, further stressed its concern about the seriousness of problems posed by corruption and, inter alia, called for international and national measures to combat corrupt practices. Committing to collecting and publishing more, complete, timely and better quality procurement data along the whole cycle from planning to implementation. Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies, as appropriate, that prevent corruption by such means as: Implementing the policies referred to in article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of those policies; Increasing and disseminating knowledge about the prevention of corruption. General Assembly (58th sess. 50 to 51 of the forty-eighth session held on 31 October 2003 (A/58/PV.50 and A/58/PV.51) Report of the Commission on Crime Prevention and Criminal Justice on its eleventh session, 16-25 April 2002 (E/2002/30-E/CN.15/2002/14) States Parties shall not decline to render mutual legal assistance pursuant to this article on the ground of bank secrecy. OCP hopes these inputs will elevate the public procurement reform as a leading priority in the fight against corruption, and encourage peer learning and a race to the top among governments committed to implementing the UNCAC for impact. Third Committee of the General Assembly, Summary records of meetings Nos. The implementation by Sweden of chapters III and IV of the Convention was The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with and subject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral agreement or arrangement to which it may be bound in relation to the requesting State Party. In April 2001, the Secretary-General submitted a report to the Commission, in which he analysed all relevant international instruments, other documents and recommendations addressing corruption, to serve as the basis for recommendations on the development of a legal instrument against corruption (E/CN.15/2001/3). Such enhanced scrutiny shall be reasonably designed to detect suspicious transactions for the purpose of reporting to competent authorities and should not be so construed as to discourage or prohibit financial institutions from doing business with any legitimate customer. Any person regarding whom proceedings are being carried out in connection with any of the offences to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the domestic law of the State Party in the territory of which that person is present. The competent authorities receiving the information shall comply with a request that said information remain confidential, even temporarily, or with restrictions on its use. In establishing a domestic regulatory and supervisory regime under the terms of this article, and without prejudice to any other article of this Convention, States Parties are called upon to use as a guideline the relevant initiatives of regional, interregional and multilateral organizations against money-laundering. Convention against Corruption - United Nations and the Rule of Law Open Contracting Partnership is an independent non-profit public charity501(c)(3). States Parties shall cooperate in criminal matters in accordance with articles 44 to 50 of this Convention. States Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article. Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offence when: The offence is committed against a national of that State Party; or, 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, The offence is one of those established in accordance with article 23, paragraph 1 (b) (ii), of this Convention and is committed outside its territory with a view to the commission of an offence established in accordance with article 23, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory; or. Report of the Commission on Crime Prevention and Criminal Justice on its fifth session, 21 31 May 1996 (E/1996/30 E/CN.15/1996/24) The measures envisaged in paragraph 1 of this article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process: Establishing procedures for the physical protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons; Providing evidentiary rules to permit witnesses and experts to give testimony in a manner that ensures the safety of such persons, such as permitting testimony to be given through the use of communications technology such as video or other adequate means. States Parties shall consider concluding bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this chapter of the Convention. For the protection of national security or ordre public or of public health or morals. If we just digitize outdated, slow paper-based processes, you simply end up with the digital version of that inefficient, ineffective process. The Intergovernmental Open-Ended Expert Group adopted its report (A/AC.260/2 and Corr.1), which contained a draft resolution, with draft terms of reference, to be submitted to the General Assembly at its fifty-sixth session, through the Commission on Crime Prevention and Criminal Justice. Each State Party shall also consider, in accordance with the fundamental principles of its domestic law, establishing measures and systems to facilitate the reporting by public officials of acts of corruption to appropriate authorities, when such acts come to their notice in the performance of their functions. Providing, upon request, to the latter authorities all necessary information. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties present and voting at the meeting of the Conference of the States Parties. The Torture Convention. United Nations Convention Against Corruption - American Legal Encyclopedia Adopts the UN Convention against Corruption annexed to the present resolution, and opens it for signature at the High-level Political Signing Conference to be held in Merida, Mexico, 9-11 Dec. 2003; urges all States and competent regional economic integration organizations to sign and ratify the UN Convention against Corruption as soon as possible; decides that the account referred to in article 62 of the Convention will be operated within the UN Crime Prevention and Criminal Justice Fund, and encourages Member States to begin making adequate voluntary contributions; also decides that the Ad Hoc Committee will complete its tasks by holding a meeting in order to prepare the draft text of the rules of procedure of the Conference of the States Parties; requests the Conference of the States Parties to the Convention to address the criminalization of bribery of officials of public international organizations, including the UN; decides that 9 December should be designated International Anti-Corruption Day; requests the Secretary-General to designate the UN Office on Drugs and Crime to serve as the secretariat and to provide it with the necessary resources; further requests the Secretary-General to prepare a comprehensive report on the High-level Political Signing Conference, for submission to the General Assembly at its 59th session. Consider taking additional measures to permit its competent authorities to preserve property for confiscation, such as on the basis of a foreign arrest or criminal charge related to the acquisition of such property. Decisions to use controlled delivery at the international level may, with the consent of the States Parties concerned, include methods such as intercepting and allowing the goods or funds to continue intact or be removed or replaced in whole or in part. Consider taking such measures as may be necessary to allow confiscation of such property without a criminal conviction in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases. Get the latest updates from the open contracting community through our blogs. c) Undertaking public information activities that contribute to non- tolerance of corruption, as well as public education programmes, including school and university curricula; The provisions of this article shall also apply to victims insofar as they are witnesses. To that end, States Parties shall endeavour to make adequate and regular voluntary contributions to an account specifically designated for that purpose in a United Nations funding mechanism. This Convention shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Convention in accordance with paragraph 1 of this article. During the Ad Hoc Committees fifth session, the third and final reading of the convention began. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between themselves. The Chairman of the Ad Hoc Committee further requested all the regional groups to appoint representatives to the consistency group, which would be asked, beginning at the fifth session, to ensure consistency within the text of the draft convention and between all the language versions of the draft convention. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition. The transmission of information pursuant to paragraph 4 of this article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information. The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the States Parties to the Convention. November 5, 2022. by madden 23 performance vs image quality ps5. Each State Party shall take, to the greatest extent possible within its domestic legal system, such measures as may be necessary to enable confiscation of: Proceeds of crime derived from offences established in accordance with this Convention or property the value of which corresponds to that of such proceeds; Property, equipment or other instrumentalities used in or destined for use in offences established in accordance with this Convention. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. 49. Where a State Party has a special region or territory with a separate system of mutual legal assistance, it may designate a distinct central authority that shall have the same function for that region or territory. The requesting State Party may require that the requested State Party keep confidential the fact and substance of the request, except to the extent necessary to execute the request. A Guide to Using the UN Convention against Corruption to Advance Anti-corruption Efforts. States Parties shall consider concluding bilateral or multilateral agreements or arrangements whereby, in relation to matters that are the subject of investigations, prosecutions or judicial proceedings in one or more States, the competent authorities concerned may establish joint investigative bodies. risk management plan in pharmacovigilance pdf; what is animal oil/fat used for All companies need robust anti-corruption measures and practices to protect their reputations and the interests of their stakeholders. no. The UN Convention against Corruption (UNCAC) was adopted 18 years ago, three years after the UN Convention against Transnational Organized Crime (UNTOC). Report of the Commission on Crime Prevention and Criminal Justice on its fourth session, 30 May 9 June 1995 (E/1995/30 E/CN.15/1995/13) A regional economic integration organization shall cease to be a Party to this Convention when all of its member States have denounced it. States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States. Report of the Ad Hoc Committee for the Negotiation of a Convention against Corruption on the work of its first to seventh sessions (A/58/422 and Add.1) un cybercrime treaty negotiations. The Convention was adopted by the General Assembly by resolution 58/4 of 31 October 2003. The Committee issued a report in October 2003 which summarized its work. 7-10 of the fifty-eighth session, held from 9 to 14 October 2003 (A/C.3/58/SR.7, A/C.3/58/SR.8, A/C.3/58/SR.9 and A/C.3/58/SR.10). Report prepared by the Secretariat, on the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Cairo, 29 April 8 May 1995 (A/CONF.169/16/Rev.1) Selected preparatory documents (in chronological order). If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that any other States Parties are conducting an investigation, prosecution or judicial proceeding in respect of the same conduct, the competent authorities of those States Parties shall, as appropriate, consult one another with a view to coordinating their actions. Economic and Social Council resolution 1999/22 of 28 July 1999 (Action against corruption) (E/1999/INF/2/Add.2, reproduced in Official Records of the Economic and Social Council, 1999, Supplement No. States Parties shall consider using subregional, regional and international conferences and seminars to promote cooperation and technical assistance and to stimulate discussion on problems of mutual concern, including the special problems and needs of developing countries and countries with economies in transition. If those States Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States Parties agree to apply paragraphs 9 to 29 of this article in lieu thereof. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences. IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention. Economic and Social Council resolution 1998/16 of 28 July 1998 (Action against corruption) (E/1998/INF/3/Add.2, reproduced in Official Records of the Economic and Social Council, 1998, Supplement No. Wherever possible and consistent with fundamental principles of domestic law, when an individual is in the territory of a State Party and has to be heard as a witness or expert by the judicial authorities of another State Party, the first State Party may, at the request of the other, permit the hearing to take place by video conference if it is not possible or desirable for the individual in question to appear in person in the territory of the requesting State Party. Take such measures as may be necessary to permit its courts or competent authorities, when having to decide on confiscation, to recognize another State Partys claim as a legitimate owner of property acquired through the commission of an offence established in accordance with this Convention. Thats 1 in every 3 dollars of all government spending, governments number one corruption risk, It is everywhere and touches everyones daily life if you tell me your favorite Sustainable Development Goal, Ill tell you why you wont achieve it without open, effective procurement. The technical storage or access that is used exclusively for anonymous statistical purposes. In 2000, the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime, which had incorporated corruption into its agenda, decided that a legal instrument, focused on corruption and independent of transnational organized crime, would be desirable. The Convention's far-reaching approach and the mandatory character of many of its provisions make it a unique tool for developing a comprehensive response to a global problem. 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. The Informal Preparatory Meeting proceeded to review the draft consolidated text prepared by the Secretariat, with a view to eliminating possible duplication and exploring the compatibility of the various proposals. Such training programmes could deal, inter alia, with the following areas: Effective measures to prevent, detect, investigate, punish and control corruption, including the use of evidence-gathering and investigative methods; Building capacity in the development and planning of strategic anti-corruption policy; Training competent authorities in the preparation of requests for mutual legal assistance that meet the requirements of this Convention; Evaluation and strengthening of institutions, public service management and the management of public finances, including public procurement, and the private sector; Preventing and combating the transfer of proceeds of offences established in accordance with this Convention and recovering such proceeds; Detecting and freezing of the transfer of proceeds of offences established in accordance with this Convention; Surveillance of the movement of proceeds of offences established in accordance with this Convention and of the methods used to transfer, conceal or disguise such proceeds; Appropriate and efficient legal and administrative mechanisms and methods for facilitating the return of proceeds of offences established in accordance with this Convention; Methods used in protecting victims and witnesses who cooperate with judicial authorities; and. 1 (E/1998/98)). Additionally, the consistency group kept the Ad Hoc Committee abreast of its work through oral reports by its coordinator at the fifth and sixth sessions, and brought to the attention of the Ad Hoc Committee at its seventh session the results of its work, together with recommendations on changes to be made to the draft convention (A/AC.261/24 and Corr.1). Taking into account 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 decision-making processes, where appropriate. In 2003, the Ad Hoc Committee held four sessions: from 13 to 24 January 2003 (A/AC.261/13); from 10 to 21 March 2003 (A/AC.261/16); from 21 July to 8 August 2003 (A/AC.261/22); and from 29 September to 1 October 2003 (A/AC.261/25). At the fourth session, the Ad Hoc Committee continued and completed the second reading of the draft convention. The Conference of the States Parties shall make every effort to achieve consensus on each amendment. The Convention contains seventy-one articles. a) Public official shall mean: (i) any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that persons seniority; (ii) any other person who performs a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party; (iii) any other person defined as a public official in the domestic law of a State Party. United Nations Convention against Transnational Organized Crime: XVIII-12: 12.a. Procurement is powerful for three reasons: When we lose public money through corruption in public procurement, it costs us so much more than the stolen funds themselves. Share your thoughts on social media or join our discussion groups. States Parties shall consider the possibility of transferring to one another proceedings for the prosecution of an offence established in accordance with this Convention in cases where such transfer is considered to be in the interests of the proper administration of justice, in particular in cases where several jurisdictions are involved, with a view to concentrating the prosecution. Learn about facts, evidence, and impact globally. Use of terms For the purposes of this Convention: A lot has changed since the existing guidebook was published in 2013. States Parties shall consider establishing voluntary mechanisms with a view to contributing financially to the efforts of developing countries and countries with economies in transition to apply this Convention through technical assistance programmes and projects. Cooperation under this article may also be refused or provisional measures lifted if the requested State Party does not receive sufficient and timely evidence or if the property is of a de minimis value. If the requesting State Party accepts assistance subject to those conditions, it shall comply with the conditions. Each State Party shall endeavour to establish and promote effective practices aimed at the prevention of corruption. Paragraph 1 of this article shall be without prejudice to the exercise of disciplinary powers by the competent authorities against civil servants. Proposals and contributions concerning the substantive content of the draft convention had been submitted for consideration by 26 States. Report of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime on its seventh session, held in Vienna from 17 to 28 January 2000 (A/AC.254/25, 8 February 2000) The Conference of the States Parties shall adopt rules of procedure and rules governing the functioning of the activities set forth in this article, including rules concerning the admission and participation of observers, and the payment of expenses incurred in carrying out those activities. This e-learning tool is a joint product of the UN Global Compact and the UN Office on Drugs and Crime. The United Nations Convention against Corruption (UNCAC) recognizes the role of civil society in combating corruption under Article 13, by calling on governments to increase transparency, improve public access to information and to promote public contributions to the government decision-making process. a) Enhancing the transparency of and promoting the contribution of the public to decision-making processes; On the recommendation of the Commission at its ninth session by its draft resolution III (E/2000/30-E/CN.15/2000/7), and of the Economic and Social Council in resolution 2000/13 on 27 July 2000, the General Assembly adopted resolution 55/61 on 4 December 2000 (A/55/PV.81). 8 to 12 of the fifty-sixth session, held from 12 to 17 October 2001 (A/C.3/56/SR.8, A/C.3/56/SR.9, A/C.3/56/SR.10, A/C.3/56/SR.11 and A/C.3/56/SR.12). It also raises transaction costs, undermines fair competition, impedes long-term foreign and domestic investment, and distorts development priorities. 2 to 6 and 15 of the fifty-seventh session, held, respectively from 30 September to 2 October 2001 and on 10 October 2001 (A/C.3/57/SR.2, A/C.3/57/SR.3, A/C.3/57/SR.4, A/C.3/57/SR.5, A/C.3/57/SR.6 and A/C.3/57/SR.15). General Assembly, Verbatim record of the 82nd plenary meeting of the fifty-first session held on 12 December 1996 (A/51/PV.82) Report of the Third Committee to the General Assembly (A/56/574, 7 December 2001) The Anti-Corruption and Civil Rights Commission (ACRC) performs the following three functions: Handle and address public complaints and improve related unreasonable systems Build a clean society by preventing and deterring corruption in the public sector Special session of the General Assembly against corruption, United Nations Convention against Corruption (UNCAC), Providing a platform for learning, dialogue and action, Encouraging companies to implement the 10th Principle, Working in collaboration with other organizations to avoid duplicate efforts and scale up impact through initiatives on Anti-Corruption. The Convention entered into force on 26 June 1987 after it had been ratified by 20 States. 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 funding of candidatures for elected public office and, where applicable, the funding of political parties. Each State Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for participation in the offences established in accordance with this Convention. Each State Party shall, where appropriate and in accordance with the fundamental principles of its legal system, endeavour to adopt, maintain and strengthen systems for the recruitment, hiring, retention, promotion and retirement of civil servants and, where appropriate, other non-elected public officials: That are based on principles of efficiency, transparency and objective criteria such as merit, equity and aptitude; That include adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption and the rotation, where appropriate, of such individuals to other positions; That promote adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party; That promote education and training programmes to enable them to meet the requirements for the correct, honourable and proper performance of public functions and that provide them with specialized and appropriate training to enhance their awareness of the risks of corruption inherent in the performance of their functions. 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