<МЕЖАМЕРИКАНСКАЯ КОНВЕНЦИЯ О БОРЬБЕ С КОРРУПЦИЕЙ> [англ.](Заключена в г. Каракасе 29.03.1996)
The Member States of the Organization of
Convinced that corruption undermines the legitimacy of
public institutions and strikes at society, moral order, and justice, as well as
at the comprehensive development of peoples;
representative democracy, an essential condition for stability, peace, and
development of the region, requires, by its nature, the combating of every form
of corruption in the performance of public duties, as well as acts of corruption
specifically related to such performance;
Persuaded that righting
corruption strengthens democratic institutions and prevents distortions in the
economy, improprieties in public administration, and damage to a society"s moral
Recognizing that corruption is often a tool used by organized
crime for the accomplishment of its purposes;
Convinced of the
importance of making people in the countries of the region aware of this problem
and its gravity, and of the need to strengthen participation by civil society in
preventing and fighting corruption;
Recognizing that, in some cases,
corruption has international dimensions, which requires coordinated action by
States to fight it effectively;
Convinced of the need for prompt
adoption of an international instrument to promote and facilitate international
cooperation in fighting corruption and, especially, in taking appropriate action
against persons who commit acts of corruption in the performance of public
duties, or acts specifically related to such performance, as well as appropriate
measures with respect to the proceeds of such acts;
Bearing in mind that
the eradication of corruption is a responsibility of States and that they must
cooperate with one another if their efforts in this area are to be effective;
Determined to make every effort to prevent, detect, punish, and
eradicate corruption in the performance of public functions or acts of
corruption specifically related to such performance,
Have agreed to
adopt the following Inter-American Convention Against Corruption.
For the purposes of this Convention:
function" means any temporary or permanent, paid or honorary activity, performed
by a natural person in the name of the State or under its direction, control,
and authority. The term "State" comprises the national, provincial, regional,
local, and municipal levels and their agencies.
means any person who has been selected, appointed, or elected and who performs
public functions on a permanent or temporary basis.
assets of any kind, whether movable or immovable, tangible or intangible, and
any document or legal instrument demonstrating, purporting to demonstrate, or
relating to ownership or other rights pertaining to such assets.
The purposes of the Convention are:
1. To promote,
facilitate, and regulate cooperation among the States Parties to ensure the
effectiveness of measures and actions to prevent, detect, punish, and eradicate
acts of corruption in the performance of public functions and in acts of
corruption specifically related to such performance, and
2. To promote
and strengthen the development by each of the States Parties of the mechanisms
needed to prevent, detect, punish, and eradicate corruption.
For the purposes set forth in Article II of the
Convention, the States Parties agree to consider the applicability of measures
within their own institutional systems, which would create, maintain, and
1. Standards of conduct for the correct, honorable, and
proper fulfillment of government functions. These standards shall be intended to
prevent conflicts of interest and mandate the proper conservation and use of
resources entrusted to government officials in the performance of their
functions. They shall also establish measures and systems requiring government
officials to report to appropriate authorities acts of corruption in the
performance of public functions. Such measures should help preserve the public"s
confidence in the integrity of civil servants and government processes.
2. Mechanisms to enforce these standards.
3. Instruction to personnel
hired by government agencies to ensure proper understanding of their
responsibilities and the ethical rules governing their activities.
Systems for registering the assets and income of persons who perform public
functions in certain posts specified by law, and, where appropriate, for making
the registration of such assets and income public.
5. Systems of
government hiring and government procurement of goods and services that assure
the openness, equity, and efficiency of such systems.
revenue collection and control systems that ensure that such activities deter
7. Laws that deny favorable tax treatment for any individual
or corporation for expenditures made in violation of the anticorruption laws of
the States Parties.
8. Systems for protecting public employees and
private citizens who, in good faith, report acts of corruption, including
protection of their identities.
9. To establish and strengthen the
highest oversight bodies of each State Party with a view to implementing modern
mechanisms for preventing, detecting, punishing, and eradicating corrupt
10. Deterrents to the bribery of domestic and foreign government
officials, such as mechanisms to ensure that publicly held companies and other
types of associations maintain books and records which, in reasonable detail,
accurately reflect the acquisition and disposition of assets, and have
sufficient internal accounting controls to enable their officials to detect
11. Mechanisms to encourage participation by civil society
and nongovernmental organizations in efforts to prevent corruption.
Mechanisms for studying further preventive measures, such as the relationship
between equitable compensation and probity in public service.
This Convention is applicable as long as the alleged act of
corruption has been committed or has effect in a State Party.
1. Each State Party shall adopt such measures as may be
necessary to establish its jurisdiction over the offenses it has established in
accordance with this Convention when the offense in question is committed in its
2. Each State Party may adopt such measures as may be
necessary to establish its jurisdiction over the offenses it has established in
accordance with this Convention when the offense is committed by one of its
nationals or by a person who habitually resides in its territory.
Each State Party shall adopt such measures as may be necessary to establish its
jurisdiction over the offenses it has established in accordance with this
Convention when the alleged criminal is present in its territory and it does not
extradite such person to another country on the ground of the nationality of the
4. This Convention does not preclude the application
of any other rule of criminal jurisdiction established by a Party under its
Acts of Corruption
1. This Convention is
applicable to the following acts of corruption:
a. The solicitation or
the acceptance, directly or indirectly, by a government official or a person who
perform public functions, of any article of monetary value, or other benefit,
such as a gift, favor, promise, or advantage for himself or for another person
or entity, in exchange for any act or omission in the performance of his public
b. The offering or granting, directly or indirectly, to a
government official or a person who performs public functions of any article of
monetary value, or other benefit, such as a gift, favor, promise, or advantage
for himself or for another person or entity in exchange for any act or omission
in the performance of his public functions;
c. Any act or omission in
the discharge of his duties by a government official or a person who performs
public functions for the purpose of obtaining illicit benefits for himself or
for a third party;
d. The fraudulent use or concealment of property
derived from any of the acts referred to in this article;
Participation as a principal, coprincipal, instigator, accomplice, or accessory
after the fact, or in any other manner, in the commission or attempted
commission of, or in any collaboration or conspiracy to commit, any of the acts
referred to in this article.
2. Any other act of corruption defined by
the States Parties in accordance with the purposes of this Convention.
The States Parties that have not yet done
so shall adopt the necessary legislative or other measures to establish as
criminal offenses under their domestic law the acts of corruption described in
Article VI and to facilitate cooperation among themselves, pursuant to this
Subject to its
Constitution and the fundamental principles of its legal system, each State
Party shall prohibit and punish the offering or granting, directly or indirectly
by its nationals, persons having their habitual residence in its territory, and
businesses domiciled there to an official of another State of any article of
monetary value, or other benefit or advantage, (such as gifts, favors, or
promises), in connection with any international economic or commercial
transaction and in exchange for any act or omission in the performance of that
official"s public functions.
Among those States Parties that have
established transnational bribery as a crime, such offense shall be considered
an act of corruption for the purposes of this Convention.
their laws permit, the States Parties shall provide the necessary cooperation
and assistance in connection with this offense, as provided in this
Subject to their
Constitutions and the fundamental principles of their legal systems, those
States Parties that have not yet done so shall take the necessary measures to
establish under their laws as an offense a significant increase in the property
of a government official that he cannot reasonably explain in relation to his
lawful earnings during the performance of his functions.
States Panics that have established illicit enrichment as an offense, such
offense shall be considered an act of corruption for the purposes of this
Insofar as their laws permit, the States Parties shall
provide, in connection with this offense, the assistance and cooperation
established in this Convention.
Subject to their Constitution and the fundamental principles of their legal
systems, those States Parties that have not yet done so shall endeavor to adopt
the necessary measures to establish as offenses under their laws the following
1. Undue use, for a person"s own benefit or that of a third party,
of any kind of classified or confidential information which a government
official or a person who performs public functions has obtained because of, or
in the performance of, his functions.
2. Undue use, for a person"s own
benefit or that of a third party, of any kind of property belonging to the State
or to any firm or institution in which the State has an interest, to which a
government official or person who performs public functions has access because
of, or in the performance of, his functions.
3. Any act or omission by
any person who, personally or through a third party, or acting as an
intermediary, seeks to obtain a decision from a public authority whereby he
obtains for himself, or for another person, any unlawful benefit, whether or not
it harms State property.
4. The diversion by a government official for
purposes unrelated to those for which they were intended, for one"s own benefit
or that of third parties, of any movable or immovable property, monies or
securities belonging to the State, to a decentralized agency, or to an
individual, that he may have received by virtue of his position for purposes of
administration or custody or for other reasons.
For application of this Convention, it is not necessary that these
acts of corruption harm State property.
1. This article shall apply to the offenses established by the States Parties
in accordance with this Convention.
2. Each of the offenses to which
this article applies shall be deemed to be included as an extraditable offense
in any extradition treaty existing between or among the States Parties. The
States Parties undertake to include such offenses as extraditable offenses in
every extradition treaty to be concluded between or among them.
3. 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 does
not have an extradition treaty, it may consider this Convention as the legal
basis for extradition with respect to any offense to which this article
4. States Parties that do not make extradition conditional on
the existence of a treaty shall recognize offenses to which this article applies
as extraditable offenses between themselves.
5. Extradition shall be
subject to the conditions provided for by the law of the Requested State or by
applicable extradition treaties, including the grounds on which the Requested
State may refuse extradition.
6. If extradition for an offense to which
this article applies is refused solely on the basis of the nationality of the
person sought, or because the Requested State deems that it has jurisdiction
over the offense, the Requested State shall submit the case to its competent
authorities unless otherwise agreed with the Requesting State, and shall report
the final outcome to the Requesting State in due course.
7. For the
purposes of application of this Convention, the fact that the property derived
from an act of corruption was intended for political purposes or that it is
alleged that an act of corruption was committed for political motives or
purposes shall not suffice in and of itself to qualify the act as a political
offense or as an offense related to a political offense.
8. Subject to
the provisions of its domestic law and its extradition treaties, the Requested
State may, upon being satisfied that the circumstances so warrant and are
urgent, and at the request of the Requesting State, take a person whose
extradition is sought and who is present in its territory into custody, or take
other appropriate measures to ensure his presence at extradition proceedings.
Assistance and Cooperation
1. In keeping with their
domestic laws and applicable treaties, the States Parties shall afford one
another the widest measure of mutual assistance by processing requests from
authorities that, in accordance with their domestic laws, have the power to
investigate or prosecute the acts of corruption cited in Article VI, to obtain
evidence and take other necessary action to facilitate legal proceedings and
measures regarding the investigation or prosecution of acts of corruption.
2. The States Parties shall also provide each other the widest measure of
mutual technical cooperation on the most effective ways and means of preventing,
investigating, and punishing acts of corruption. To that end, they shall foster
exchanges of experiences by way of agreements and meetings between competent
bodies and institutions, and shall pay special attention to methods and
procedures of citizen participation in the fight against corruption.
Measures regarding Property
1. In accordance with their
applicable domestic laws and relevant treaties or other agreements that may be
in force between or among them, the Parties shall provide each other the
broadest possible measure of assistance in the identification, tracing freezing,
seizure, and forfeiture of property or proceeds obtained or derived from or used
in the commission of offenses established in accordance with this Convention.
2. A Party that enforces its own or another Party"s forfeiture judgment
against property or proceeds described in paragraph 1 of this article shall
dispose of the property or proceeds in accordance with its laws. To the extent
permitted by a Party"s laws and upon such terms as it deems appropriate, that
Party may transfer all or part of such property or proceeds to another Party
that assisted in the underlying investigation or proceedings.
1. The Requested State shall not invoke bank secrecy in
order to refuse to provide the assistance sought by the Requesting State. A
Requested State shall apply this article in accordance with its domestic law,
its procedural provisions or bilateral or multilateral agreements concluded with
the Requesting State.
2. The Requesting State undertakes not to use any
information which it receives and which is protected by bank secrecy for any
purpose other than the proceeding for which that information was requested,
unless authorized by the Requested State.
1. For the purposes of international assistance and cooperation
provided under this Convention, each State Party may designate a central
authority or may rely upon such central authorities as are provided for in any
relevant treaties or other agreements.
2. The central authorities shall
be responsible for making and receiving the requests for assistance and
cooperation referred to in this Convention.
3. The central authorities
shall communicate with each other directly for all the purposes of this
Other agreements or practices
provision of this Convention shall be construed as preventing the States Parties
from engaging in mutual cooperation within the framework of other international
agreements, bilateral or multilateral, currently in force or concluded in the
future, or pursuant to any other applicable arrangement or practice, provided
that such cooperation yields more effective fulfillment of the aims set forth in
Article II of this Convention.
Convention is open for signature by the Member States of the Organization of
This Convention shall remain open for
accession by any other State. The instruments of accession shall be deposited
with the General Secretariat of the Organization of American States.
This Convention is subject to ratification. The instruments of
ratification shall be deposited with the General Secretariat of the Organization
of American States.
The States Parties may, at the time of
adoption, signature, ratification, or accession, make reservations to this
Convention, provided that each reservation concerns one or more specific
provisions and is not incompatible with the object and purpose of this
This Convention shall enter into force on the
thirtieth day following the date of deposit of the second instrument of
ratification. For each State ratifying or acceding to the Convention after the
deposit of the second instrument of ratification, the Convention shall enter
into force on the thirtieth day after deposit by such State of its instrument of
ratification or accession.
This Convention shall remain
in force indefinitely, but any of the States Parties may denounce it. The
instrument of denunciation shall be deposited with the General Secretariat of
the Organization of American States. After one year from the date of deposit of
the instrument of denunciation, the Convention shall no longer be in force for
the denouncing State, but shall remain in force for the other States Parties.
Any State Party may submit, for
the consideration of other State Parties meeting on the occasion of the General
Assembly of the Organization of American States, draft additional protocols to
this Convention to contribute to attainment of the purposes set forth in Article
Each additional protocol must establish the modalities for
its entry into force and shall apply only to the States Parties to it.
The original instrument of this Convention, the English,
French, Portuguese, and Spanish texts of which are equally authentic, shall be
deposited with the General Secretariat of the Organization of American States,
which shall forward an authenticated copy of its text to the Secretariat of the
United Nations for registration and publication in accordance with Article 102
of the United Nations Charter. The General Secretariat of the Organization of
American States shall notify its Member States and the States that have acceded
to the Convention of signatures, of the deposit of instruments of ratification,
accession, or denunciation, and of reservations, if any.