Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification,acceptance, approval or accession.)
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Algeria8
Reservation and declaration:
Reservation: The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 66, paragraph 2 of this Convention, which provides that any dispute between two or more States Parties concerning the interpretation or application of the Convention that cannot be settled through negotiation shall, at the request of one of those States Parties, be submitted to arbitration or to the International Court of Justice.
The Government of the People's Democratic Republic of Algeria considers that no dispute of such nature may be submitted to arbitration or to the International Court of Justice without the consent of all the parties to the dispute.
Declaration: The ratification of this Convention by the People's Democratic Republic of Algeria does not in any way signify recognition of Israel.
The present ratification may not be interpreted as leading to the establishment of relations of any kind with Israel.
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Azerbaijan
Azerbaijan
Declarations:
"The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of this Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation.
The Republic of Azerbaijan declares that none of the rights, obligations and provisions set out in the Convention shall be applied by the Republic of Azerbaijan in respect of the Republic of Armenia.
Reservation:
In accordance with paragraph 3 of Article 66 of the Convention, the Republic of Azerbaijan declares that it does not consider itself bound by paragraph 2 of Article 66."
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Bahamas
Bahamas Reservation:
"Pursuant to Article 66, paragraph 3 of the United Nations Convention Against Corruption, the Government of the Commonwealth of The Bahamas declares that it does not consider itself bound by the provisions of Article 66, paragraph 2 of the Convention. The Government of the Bahamas asserts that the consent of all parties to such a dispute is necessary, in each individual case, before the dispute is submitted to arbitration or to the International Court of Justice."
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Bangladesh
Bangladesh
Reservation:
"Pursuant to Article 66, paragraph 3 of the Convention, People's Republic of Bangladesh does not consider itself bound by the provisions of Article 66, paragraph 2 of the Convention."
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Belgium
Belgium Reservation:
The Belgian Government entered the following reservation concerning the implementation of article 29 of the United Nations Convention against Corruption, done in New York on 31 October 2003 at the time of the deposit of its instrument of ratification, the
text of which reads as follows: "In accordance with articles 21 and 22 of the preliminary part of the Belgian Code of Criminal Procedure, the fact that an alleged perpetrator of an offence established in accordance with this Convention has evaded the administration of justice shall not extend or
suspend the statute of limitations period in which to commence proceedings."
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Brunei Darussalam
Brunei Darussalam
Upon ratification:
Reservation:
« Brunei Darussalam does not consider itself bound by the provisions of paragraph 2 of Article 66 and therefore take the position that disputes relating to the interpretation or application of the Convention which cannot be settled through the channel provided for in paragraph 2 of the said Article may be referred to the International Court of Justice only with the consent of the parties to the dispute."
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Canada
Canada
Declarations:
"1. Article 14 (1) (b): Article 14 (1) (b) provides that the obligation of a State Party to exchange financial intelligence shall be 'within the conditions prescribed by its domestic law.' Given that Canadian law only permits the exchange of information between Financial Intelligence Units through bilateral agreements or arrangements, Canada will provide for exchange of the information referred to in this article only pursuant to such a bilateral agreement or arrangement.
2. Article 17: It is the understanding of the Government of Canada that in relation to Article 17 the word 'diversion' means embezzlement and misappropriation, which constitute the criminal offences of theft and fraud under current Canadian law.
3. Article 20: Article 20 provides that the obligation of a State Party to criminalize illicit enrichment shall be 'subject to its constitution and the fundamental principles of its legal system.' An offence of illicit enrichment is incompatible with the Constitution of Canada, more specifically with the Canadian Charter of Rights and Freedoms, and the fundamental principles of the Canadian legal system. Canada will therefor not create the offence of illicit enrichment.
4. Article 42 (2): Article 42 (2) provides that a State Party 'may' establish jurisdiction based on nationality. Given that Canada has effective and broad territorial jurisdiction over corruption offences, Canada does not intend to extend its jurisdiction in the case of an offence committed by a Canadian national beyond that existing territorial basis of jurisdiction.
5. Article 52: Canada already imposes strict requirements on financial institutions within its jurisdiction to closely scrutinize foreign persons with prominent public functions and theirfamily members and close associates. It is the understanding of the Government of Canada that these current requirements satisfy Article 52, particularly in light of the negotiations of the State Paich led to the creation and inclusion of Article 52 in the Convention. Canada is in the process of undergoing consultations with a view to implementing legislative changes that would broaden this existing due diligence beyond the obligations contained in the Convention and expand the category of persons covered and the financial institutions in whom they apply. Canada will inform the Depository of the outcome of these discussions.
6. Article 54: Canada will provide international assistance for the freezing, seizure and forfeiture of proceeds of crime and offence-related property only when the request is accompanied by an order from a court of criminal jurisdiction in the requesting country. In the case where international assistance is required for the forfeiture of this property, Canada will provide assistance only when the request is accompanied by a final order from such a court."
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China
China
Reservation:
.....the People's Republic of China shall not be bound by paragraph 2 of Article 66 of the United Nations Convention against Corruption.
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Colombia
Colombia
Reservation:
In accordance with article 66, paragraph 3, of the Convention, Colombia declares that it does not consider itself bound by paragraph 2 of that article.
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Cuba
Cuba
Reservation:
The Republic of Cuba declares that, pursuant to article 66, paragraph 3, of the Convention, it does not consider itself bound by the provisions of paragraph 2 of this article, which deals with the settlement of disputes arising between States parties concerning the interpretation or application of this Convention and referral of such disputes to the International Court of Justice, because it believes that such disputes should be resolved through amicable negotiations between the States parties.
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El Salvador
El Salvador
Declaration and notifications:
(a) With respect to the provisions of article 44, the Republic of El Salvador does not regard the above-mentioned Convention as the legal basis for cooperation in connection with extradition;
(b) With respect to article 46, paragraphs 13 and 14, the Republic of El Salvador states that the central authority as regards El Salvador is the Ministry of Foreign Affairs and that the acceptable language is Spanish; ...
Declaration:
...
...
(c) With respect to article 66, the Government of the Republic of El Salvador states that, by virtue of the provisions of paragraph 3 of that article, it does not consider itself bound by the provisions of paragraph 2 as it does not recognize the compulsory jurisdiction of the International Court of Justice. The foregoing applies exclusively to the context of the process for the settlement of disputes set forth in the said article.
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Ethiopia
Ethiopia Reservation:
"… ratification by Ethiopia of the said Convention with a reservation on Article 44 of the Convention."
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European Community
European Community
Declarations:
"Declaration concerning the competence of the European Community with regard to matters governed by the United Nations Convention against Corruption
Article 67, paragraph 3, of the United Nations Convention against Corruption provides that the instrument of ratification, acceptance or approval of a regional economic integration organisation shall contain a declaration on the extent of its competence.
1. The Community notes that, for the purposes of the Convention, the term 'States Parties' applies to regional economic integration organisations within the limits of their competence. To the extent that provisions of Community law are affected by the provisions of the Convention, the European Community has an exclusive competence to accept such obligations with respect to its own public
administration. In this regard, the Community declares that it has power under the Treaty establishing the European Community to deal with the following issues: - developing, implementing and maintening preventive anti-corruption policies and practices,
- establishing a preventive anti-corruption body or bodies (including the European Anti-Fraud Office) and providing the means for the public to inform such body or bodies of incidents which may constitute corruption,
- regulating the recruitment, conditions of service, remuneration, training, etc. of non-elected officials under the Staff Regulations and the implementing rules to those Regulations,
- promoting transparency and avoiding conflicts of interest in the design of the European Community's systems which regulate the performance of the duties of public officials,
- developing and implementing codes of conduct,
- ensuring appropriate standards in relation to public procurement and the managementof public finances,
- enhancing the transparency of the European Community's organisation, functioning and decisionmaking processes,
- with due regard to the independence of judicial bodies of the European Communities, developing, implementing and maintening measures to strengthen the integrity of those bodies and to prevent opportunities for corruption.
2. The Community also points out that it has competence with regard to the proper functioning of the internal market, comprising an area without internal frontiers in which the free movement of goods, capital and services is ensured in accordance with the provisions of the Treaty establishing the European Community. For this purpose, the Community has adopted measures to: - ensure transparency and the equal access of all candidates for public contracts and markets of Community relevance, thereby contributing to preventing corruption,
- ensure appropriate standards on accounting and auditing of Community relevance,
- prevent money laundering; such measures do not, however, include those concerning cooperation among judicial and law enforcement authorities.
Where it has adopted measures, it is for the Community alone to enter into external undertakings with third States or competent international organisations which affect those measures or alter their scope.
3. Community policy in the sphere of development cooperation as well as cooperation with other third countries complements policies pursued by Member States to support partner countries in the implementation of the United Nations Convention against Corruption and includes provisions to combat corruption.
4. The scope and exercise of Community competence are, by their nature, subject to continuous development and the Community will complete or amend this declaration, if necessary, in accordance with Article 67 (3) of the Convention.
5. The United Nations Convention against Corruption shall apply, with regard to the competence of the Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 299 thereof.
Pursuant to Article 299 of that Treaty, this declaration is not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Convention by the Member States concerned on behalf of, and in the interests of, those territories."
"Declaration
With respect to Article 66, paragraph 2, the Community points out that, according to Article 34, paragraph 1, of the Statute of the International Court of Justice, only States may be parties before that Court. Therefore, under Article 66, paragraph 2, of the Convention, in disputes involving the Community, only dispute settlement by way of arbitration will be available."
The action will become effective for European Community on 12 December 2008 in accordance with its article 68 (2) which reads as follows: "For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the thirtieth 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 on the date this Convention enters into force pursuant to
paragraph 1 of this article, whichever is later."
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Georgia
Georgia
Reservation:
"In accordance with article 66, paragraph 3, Georgia excludes the arbitration proceedings provided for in article 66, paragraph 2."
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Indonesia
Indonesia
Reservation:
"The Government of the Republic of Indonesia does not consider itself bound by the provisions of article 66, paragraph 2 and takes the position that disputes relating to the interpretation or application of the Convention which can not be settled through the channel provided for in paragraph 2 of the said article may be referred to the International Court of Justice only with consent of the parties to the disputes."
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Iran (Islamic Republic of)
Iran (Islamic Republic of)
Upon signature:
Reservation:
"Pursuant to article 66, paragraph 3 of the United Nations Convention against Corruption, the Government of the Islamic Republic of Iran declares that it does not consider itself bound by the provisions of article 66, paragraph 2 of the Convention. The Government of the Islamic Republic of Iran affirms that the consent of all parties to such a dispute is necessary, in each individual case, for the submission of the dispute to arbitration or to the International Court of Justice. The Government of the Islamic Republic of Iran can, if it deems appropriate, for the settlement of such a dispute, agree with the submission of the dispute to arbitration in accordance with its Constitution and related domestic law.
The Government of the Islamic Republic of Iran reserves its right to declare further reservation(s), at it deems appropriate, at the time of the deposit of the instrument of ratification of the Convention."
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Israel
Israel
Upon signature:
Reservation:
"Pursuant to article 66, paragraph 3 of the Convention, the Government of the State of Israel declares that it does not consider itself bound by the provisions of article 66, paragraph 2 of the Convention."
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Kuwait
Kuwait
Reservation:
... subject to a reservation concerning the mandatory jurisdiction of the International Court of Justice in cases of arbitration or the referral of disputes stipulated in article 66, paragraph 2.
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Malaysia
Malaysia Reservations:
"(a) Pursuant to Article 66, paragraph 3 of the Convention, the Government of Malaysia declares that it does not consider itself bound by Article 66, paragraph 2 of the Convention; and
(b) The Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 66, paragraph 2 of the Convention or any other procedure for arbitration."
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Malta
Malta
Reservation:
"Pursuant to Article 66, the Government of Malta declares that it shall not be bound by the provisions of paragraph 2 of article 66 of this Convention."
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Myanmar
Myanmar
Upon signature:
Reservation:
"With regard to any dispute between two or more States Parties concerning the interpretation or application of the United Nations Convention against Corruption, the Union of Myanmar does not consider itself bound by paragraph 2 of article 66 of the Convention."
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Pakistan
Pakistan
Reservation:
"The Government of the Islamic Republic of Pakistan declares that, pursuant to Article 66, Paragraph 3 of the Convention, it does not consider itself bound by the provisions of paragraph 2 of this Article."
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Panama
Panama
Declaration :
...the Republic of Panama does not consider itself bound by paragraph 2 of [article 66] which reads as follows: "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 time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court."
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Paraguay
Paraguay
Reservation;
The Republic of Paraguay makes the following reservation in relation to the term "offence" as defined in the United Nations Convention against Corruption: For the application of the Convention, the meaning of the term "offence" shall be understood to be "punishable act", in accordance with current domestic legislation.
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Qatar
Qatar
Upon signature:
Reservation:
... with reservation on the provisions of paragraph 2 of article 66 of the Convention, concerning arbitration and referring the dispute to the International Court of Justice, under the name of the State of Qatar.
Upon ratification:
Reservation:
... with reservation on the provisions of paragraph 2 of article 66 of the Convention, concerning arbitration and referring the dispute to the International Court of Justice, under the name of the State of Qatar.
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Republic of Moldova
Republic of Moldova
Declaration:
Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory effectively controlled by the authorities of the Republic of Moldova.
Reservation:
In accordance with the provisions of Article 66 paragraph 3 of the Convention, the Republic of Moldova declares that it does not consider itself bound by Article 66 paragraph 2 of the Convention.
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Russian Federation
Russian Federation
Declarations:
1) The Russian Federation possesses jurisdiction over the acts recognized as criminal pursuant to article 15; article 16, paragraph 1; articles 17 to 19, 21 and 22; article 23, paragraph 1; and articles 24, 25 and 27 of the Convention in the cases covered by article 42, paragraphs 1 and 3 of the Convention;
...
3) The Russian Federation believes that article 44, paragraph 15 of the Convention must be interpreted in such a way as to make accountability for offences falling within the purview of this Convention inescapable, without prejudice to the effectiveness of international cooperation on extradition and legal assistance;
...
4) The Russian Federation declares, on the basis of article 46, paragraph 7, of the Convention, that it will apply article 46, paragraphs 9 to 29, of the Convention in lieu of the corresponding provisions of treaties of mutual legal assistance concluded between the Russian Federation and other States Parties to the Convention, on a foundation of reciprocity, if, in the view of the central authority of the Russian Federation, to do so would facilitate cooperation;
...
7) The Russian Federation declares, in accordance with article 48, paragraph 2, of the Convention, that it will consider the Convention to be the basis for mutual cooperation between law enforcement agencies in respect of the offences covered by the Convention, provided that such cooperation does not involve investigations or other procedural activities in the territory of the Russian Federation;
8) The Russian Federation declares, in accordance with article 55, paragraph 6, of the Convention, that it will consider the Convention to be a necessary and sufficient treaty basis for taking the measures referred to in article 55, paragraphs 1 and 2, of the Convention, on a foundation of reciprocity.
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South Africa
South Africa
Reservation:
"... pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Article 66 (2) of the Convention which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Convention. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case."
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Spain
Spain
Upon signature:
Declaration:
The Kingdom of Spain declares that the expression "special territory" used in article 46, paragraph 13, refers to entities included within the territorial organization of States Parties, but not to dependent territories for whose international relations those States are responsible.
Upon ratification :
Declaration:
The Kingdom of Spain declares that the expression "special territory"used in article 46, paragraph 13, refers to entities included within the territorial organization of States Parties, but not to territories for whose international relations those States are responsible.
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Tunisia
Tunisia
Upon signature:
Reservation:
The Republic of Tunisia declares that, in signing the United?Nations Convention against Corruption, adopted in New York on 31 October 2003, it does not consider itself bound by the provisions of article 66, paragraph 2, of the Convention and affirms that differences as to the interpretation or application of the said Convention may be submitted to the International Court of Justice only with the prior consent of all the parties concerned.
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United Arab Emirates
United Arab Emirates
Reservation:
... subject to a reservation to article 66, paragraph 2, of the Convention regarding arbitration, which it does not consider itself bound by.
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United States of America
United States of America
Reservations and declarations:
"Reservations
(1) The United States of America reserves the right to assume obligations under the Convention in a manner consistent with its fundamental principles of federalism, pursuant to which both federal and state criminal laws must be considered in relation to the conduct addressed in the Convention. U.S. federal criminal law, which regulates conduct based on its effect on interstate or foreign commerce, or another federal interest, serves as an important component of the legal regime within the United States for combating corruption and is broadly effective for this purpose. Federal criminal law does not apply where such criminal conduct does not so involve interstate or foreign commerce, or another federal interest. There are conceivable situations involving offenses of a purely local character where U.S. federal and state criminal law may not be entirely adequate to satisfy an obligation under the Convention. Similarly, in the U.S. system, the states are responsible for preventive measures governing their own officials. While the states generally regulate their own affairs in a manner consistent with the obligations set forth in the chapter on preventive measures in the Convention, in some cases they may do so in a different manner. Accordingly, there may be situations where state and federal law will not be entirely adequate to satisfy an obligation in Chapters II and III of the Convention. The United States of America therefore reserves to the obligations set forth in the Convention to the extent they (1) address conduct that would fall within this narrow category of highly localized activity or (2) involve preventive measures not covered by federal law governing state and local officials.This reservation does not affect in any respect the ability of the United States to provide international cooperation to other States Parties in accordance with the provisions of the Convention.
(2) The United States of America reserves the right not to apply in part the obligation set forth in Article 42, paragraph 1 (b) with respect to the offenses established in accordance with the Convention. The United States does not provide for plenary jurisdiction over offenses that are committed on board ships flying its flag or aircraft registered under its laws. However, in many circumstances, U.S. law provides for jurisdiction over such offenses committed on board U.S. - flagged ships or aircraft registered under U.S. law. Accordingly, the United States shall implement paragraph 1 (b) to the extent provided for under its federal law.
Declarations
(1) In accordance with Article 66, paragraph 3, the United States of America declares that it does not consider itself bound by the obligations set forth in Article 66, paragraph 2.
(2) The United States declares that the provisions of the Convention (with the exception of Articles 44 and 46) are non-self-executing. None of the provisions of the Convention creates a private right of action.
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Uzbekistan
Uzbekistan
Declaration:
"…..to paragraphs 1 and 3 of Article 42 of the Convention: The Republic of Uzbekistan declares that in accordance with the national legislation, offenses described in articles 15-19, 21, 22, paragraph 1 of the article 23, articles 24, 25, 27 are criminal offenses and on them the jurisdiction of the Republic of Uzbekistan shall be applied…"
Reservation:
"…..to Article 66 of the Convention: In accordance with paragraph 3 of the article 66 of the Convention the Republic of Uzbekistan declares that it does not consider itself bound by the provisions of paragraph 2 of article 66 of the Convention."
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Viet Nam
Viet Nam
Reservation:
"The Government of the Socialist Republic of Vietnam does not consider itself bound by the provisions of Article 66, paragraph 2, of this Convention."
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Yemen
Yemen
Reservation:
.....subject to our reservation concerning article 44 and article 66, paragraph 2, of the Convention.
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Objection
(Unless otherwise indicated, the declarations and reservations were made
upon ratification,acceptance, approval or accession.)
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Netherlands
Netherlands Netherlands
6 December 2007
Ojection to the reservations made by the United States of America upon ratification:
"The Government of the Kingdom of the Netherlands has carefully examined the reservations made by the United States of America to the United Nations Convention against Corruption.
The Government of the Kingdom of the Netherlands considers that reservations which consist of a reference to the federal structure of a State or to its national legislation leave it uncertain to which extent that State accepts to be bound by the obligations under the treaty. It is in the common interest of States that treaties which they decide to ratify or accede to be fully complied with by all parties and that States be prepared to adapt their national legislation to their obligations under such treaties. Reservations such as the ones made by the United States, which declare that obligations under the Convention will be assumed to the extent consistent with its fundamental principles of federalism or national law, undermine the basis of the international law of treaties. The Government of the Kingdom of the Netherlands therefore objects to these reservations.
It is the understanding of the Government of the Kingdom of the Netherlands that the reservations of the United States of America do not exclude or modify the legal effect of provisions of the Convention in their application to the United States.
This objection does not constitute an obstacle to the entry into force of the Convention between the Kingdom of the Netherlands and the United States."
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Notifications made under article 6 (3), 44 (6)(a) and 46 (13) and (14)
(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.)
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Albania
Albania "Pursuant to article 6, paragraph 3, of the above mentioned Convention, the Department of the Internal Audit and Anti-Corruption is the competent authority of the Government of the Republic of Albania.
Address: Department of the Internal Audit
and Anti-Corruption
Council of Ministers
Blv. "Deshmoret e Kombit"
Tirana, Albania
Pursuant to Article 44, paragraph 6, subparagraph a, the Republic of Albania regards this Convention as the legal basis for cooperation on extradition with other state parties to this Convention.
Pursuant to Article 46, paragraph 13, of the Convention, the central authorities that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution, are:
1. The General Prosecutor Office, which shall have the responsibility for criminal investigations and proceedings,
Address: Office of the General Attorney
Rr. Qemal Stafa, Nr. 1
Tirana, Albania
2. The Ministry of Justice, which shall have the responsibility for the requests during the trial process and the execution of verdicts, as well as the requests for extradition and transfer of the convicted persons.
Address: Ministry of Justice
Blv: "Zogu I"
Tirana, Albania
Pursuant to article 46, paragraph 14 of the Convention, the Albanian language is the acceptable language for the Republic of Albania, and if it is not possible, a certified translation in the Albanian language will be the acceptable one."
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Argentina
Argentina
17 July 2007
The following central authority is designated by Argentina in accordance with article 46 (13) of the Convention: International Legal Assistance Directorate
Directorate General for Legal Affairs
Ministry of Foreign Affairs, International Trade and Worship
Esmeralda 1212, Piso 4? (C.P. 1007)
Ciudad de Buenos Aires, República Argentina
Tel./Fax: (54-11) 4819-7170/7172/7231
e-mail: diaju@mrecic.gov.ar
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Azerbaijan
Azerbaijan In accordance with sub paragraph "a" of paragraph 6 of Article 44 of the Convention, the Republic of Azerbaijan declares that it will use the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention.
In accordance with paragraph 13 of Article 46 of the Convention, the Republic of Azerbaijan declares that it designates the Prosecutors' Office of the Republic of Azerbaijan as the central authority responsible for receiving requests or for implementation of mutual legal assistance.
Address: Nigar Rafibeyli st, 7, AZ1001, Baky, Azerbaijan.
In accordance with paragraph 14 of Article 46 of the Convention, the Republic of Azerbaijan declares that the requests and supporting documents on legal assistance should be submitted in Russian or English as the UN official languages and should be accompanied by a translation in Azerbaijani language.
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Bangladesh
Bangladesh
31 October 2007
"Article 6 (3):
The contact details of the authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption are as follows:
Secretary
Ministry of Foreign Affairs
Government of the People's Republic of Bangladesh
Segunbagicha, Dhaka-1000, Bangladesh
Secretary
Ministry of Home Affairs
Government of the People's Republic of Bangladesh
Bangladesh Secretariat, Dhaka-1000, Bangladesh
Secretary
Ministry of Law, Justice and Parliamentary of Bangladesh
Government of the People's Republic of Bangladesh
Bangladesh Secretariat, Dhaka-1000, Bangladesh
Secretary
Anti Corruption Commission (ACC)
Segunbagicha, Dhaka-1000, Bangladesh
Article 46 (13): The contact details of the central authority designated to receive requests for mutual legal assistance are:
Secretary
Ministry of Home Affairs
Government of the People's Republic of Bangladesh
Bangladesh Secretariat, Dhaka-1000, Bangladesh
Article 46 (14):
The acceptable language for requests for mutual legal assistance is English.
10 March 2008
Notification under article 46(13):
"Attorney General
Attorney General's Office
Bangladesh Supreme Court Building (New Building, 8th floor)
Dhaka, Bangladesh"
28 April 2008
Notification under article 6(3):
"… in addition to the Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Law, Justice and Parliamentary Affairs and the Anti-Corruption Commission, the Attorney General's Office has also been designated by the Government of Bangladesh as the "authority" that may assist other States Parties in developing and implementing specific measures for the prevention of corruption pursuant to article 6 (3) of the 'United Nations Convention against Corruption'.
The particulars of the Attorney General's Office are as follows:
Attorney General
Attorney General's Office
Bangladesh Supreme Court Building (New Building, 8th floor)
Bangladesh"
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Belarus
Belarus "... Pursuant to the Article 44, paragraph 6 of the Convention, the Republic of Belarus regards the Convention as a legal basis for cooperation on extradition with other States Parties to the Convention".
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Belgium
Belgium Article 6, paragraph 3: prevention
Service Public Fédéral Budget et Contrôle de la gestion (Federal Public
Service of Budget and Management Control)
Bureau d'éthique et de déontologie administratives (Office of
Administrative Ethics and Professional Conduct)
Politique d'intégrité (Integrity Policy)
Rue Royale 138/2
1000 Brussels
Mr. Peter DE ROECK, General Adviser
Tel. No.: 02-212-39-04
Fax No.: 02-212-39-33
E-mail: peter.deroeck@budget.fed.be
Article 44, paragraph 6 (a):
Belgium believes that the Convention can provide an independent basis for extradition where no (bilateral or multilateral) treaty basis for extradition exists.
Article 46, paragraph 13:
Service Public Fédéral Justice (Federal Public Justice Service)
Autorité centrale de coopération internationale en matière pénale (Central
Authority for International Cooperation in Criminal Matters)
Postal address: Boulevard de Waterloo 115
1000 Brussels
Fax No.: 32-2-210-57-98
Fax No.: 32-2-210-56-84
22 January 2009
Belgium accepts requests for mutual legal assistance in the following languages : French, Dutch and English.
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Benin
Benin
3 April 2006
The Permanent Mission of the Republic of Benin to the United Nations in New York presents its compliments to the United Nations Secretariat (Office of Legal Affairs, Treaty Section) and has the honour to transmit to it the contact information of the central authority designated by Benin in accordance with the provisions of article 46, paragraph 13, of the United Nations Convention against Corruption.
This function shall be carried out by the Directorate of Civil and Criminal Affairs of the Ministry of Justice, Legislation and Human Rights, whose contact information is as follows:
B.P. 967 Cotonou
Tel.: (229) 21 31 31 46
(229) 21 31 31 47
(229) 21 31 51 45
(229) 21 31 56 57
(229) 21 31 56 51
Fax: (229) 21 31 34 48
E-mail: mildh@intnet.bj
Office hours: 8 a.m. to 6.30 p.m. (Lunch break 12.30 to 3.00) (Local time is one hour ahead of Greenwich Mean Time.)
Pursuant to the provisions of article 46, paragraph 14, of the same Convention, the working language of Benin is French.
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Bolivia
Bolivia The Republic of Bolivia, in accordance with paragraph 3 of article 6, hereby gives notification that its Central Authority is the Delegaci6n Presidencial para la Transparencia y la Integndad Publica, whose address is the following:
Calle Batallon Colorados Nro. 24
Edificio El Cóndor, piso 11
Tel/fax (+)591-2-2153085
Website: http://www.transparencia-integndad.gov.bo/
Email: dptip@transparencia-integridad.gov.bo
La Paz, Bolivia
Moreover, accordingly with paragraph 6.(a) of Article 44, notice is given that the legal basis for extradition is that of existing extradition treaties with other countries.
With respect to article 46, paragraphs 13 and 14, also states that the central authority that has the responsibility and power to receive written requests for mutual legal assistance is the Ministry of Foreign Affairs and Worship; and that the acceptable language is Spanish.
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Brunei Darussalam
Brunei Darussalam
3 December 2008
"1. With reference to paragraph 3 of Article 6 of the Convention, Brunei Darussalam hereby notifies that the authorities are :
Attorney General
Attorney General's Chambers
Law Building
Jalan Tutong
Bandar Seri Begawan BA 1910
Brunei Darussalam
And
Director
Anti-Corruption Bureau
Old Airport Road
Berakas, BB 3510
Brunei Darussalam
2. With reference to paragraph 13 of Article 46 of the Convention the Attorney General is designated as the Central Authority for the matters pertaining to mutual legal assistance under this Convention, whose address is:
Attorney General's Chambers
Law Building
Jalan Tutong
Bandar Seri Begawan BA 1910
BRUNEI DARUSSALAM
3. With reference to paragraph 14 of Article 46 of the Convention, Brunei Darussalam hereby notifies that requests for mutual legal assistance under the Convention should be made in, or accompanied by a translation into the English language."
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Bulgaria
Bulgaria Declaration under article 46, paragraph 13
"In accordance with Article 46, paragraph 13, of the Convention, the Republic of Bulgaria declares that the requests for mutual legal assistance must be addressed to the Minister of Justice."
Declaration under article 46, paragraph 14
"In accordance with Article 46, paragraph 14, of the Convention, the Republic of Bulgaria declares that the requests for mutual legal assistance must be accompanied by a translation into Bulgarian or English language."
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Cameroon
Cameroon
25 November 2008
In accordance with article 46(13) of the Convention …, has the honour to inform you that the Ministry of Justice of the Republic of Cameroon is the central authority which has the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution.
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Canada
Canada "1. Article 6 (3): Each State Party shall inform the UN Secretary-General of the name and address of the authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption. For the purposes of Article 6 (3), the Government of Canada designates the Senior Coordinator for International Crime and Terrorism at the Department of Foreign Affairs and International Trade of Canada.
Address: 125 Sussex Drive
Ottawa, ON KIA 002
Phone: (613) 944-2906.
2. Article 44 (6): For the purposes of Article 44 (6), Canada recognizes the Convention as an extradition agreement sufficient to establish the legal basis for extradition under domestic Canadian law.
3. Article 46 (13): For the purposes of Article 46 (13), Canada designates the International Assistance Group of the Department of Justice of Canada as the central authority for all requests for mutual legal assistance under the Convention.
Address: 284 Wellington Street
Ottawa, ON. KIA 0H8
Phone: (613) 957-4832
4. Article 46 (14): For the purposes of Article 46 (14), Canada accepts English or French as the languages to be used in all requests for mutual legal assistance that Canada receives under the Convention."
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Chile
Chile The Government of the Republic of Chile, in accordance with the provisions of article 44, paragraph 6 (a), of the United Nations Convention against Corruption, hereby states that it takes the said Convention as the legal basis for cooperation on extradition with other States parties to the Convention.
In addition, in accordance with the provisions of article 46, paragraph 13, it designates the Ministry of Foreign Affairs, with main address at 180 Calle Teatinos, Santiago, Chile, as the central authority for the purpose of receiving requests for mutual legal assistance. It further states that the language acceptable for such requests shall be Spanish.
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China
China In accordance with the provisions of paragraph 3 of Article 6 of the Convention, the authority for the People's Republic of China to assist other States Parties in developing and implementing specific measures for the prevention and corruption is the National Bureau of Corruption Prevention of the People's Republic of China (Address: General Office of the National Bureau of Corruption Prevention of the People's Republic of China, Jia 2 Guanganmen Nanjie, Xuanwu District, Beijing, China, 100053), while the address of the Independent Commission against Corruption of Hong Kong (SAR), the authority for the Hong Kong Special Administrative Region of the People's Republic of China to assist other States Parties in developing and implementing specific measures for the prevention of corruption in accordance with the provisions of paragraph 3 of Article 6 of the Convention, is "c/o ICAC Report Centre, 10/F 303 Java Road, North Point, Hong Kong, China", and for the Macao Special Administrative Region, such authority is the Commission against Corruption of Macao SAR (Address: Alameda Dr. Carlos d'Assumpçao, Edf. "Dynasty Plaza", 14o Andar-NAPE-Macau).
In accordance with the provisions of paragraph 13 of Article 46 of the Convention, the Supreme People's Procuratorate of the People's Republic of China is designated as the central authority which is responsible for receiving requests for mutual legal assistance and other related issues (Address: 147 Beiheyan Dajie, Dongcheng District, Beijing, China, 100726), while for the Hong Kong Special Administrative Region, such central authority is the Secretary for Justice of the Department of Justice of Hong Kong SAR (47/F High Block, Queensway Government Offices, 66 Queensway, Hong Kong), and for the Macao Special Administrative Region, such central authority is the Office of the Secretary for Administration and Justice of Macao SAR (Address: Sede do Governo da RAEM, Avenida da Praia Grande, Macau).
In accordance with the provisions of paragraph 14 of Article 46 of the Convention, Chinese is the only language acceptable to the People's Republic of China for the written requests for mutual legal assistance, while for the Hong Kong Special Administrative Region, such language is English or Chinese, and for the Macao Special Administrative Region, such language is Chinese or Poruese.
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Colombia
Colombia ... in accordance with article 6, paragraph 3, Colombia hereby reports that the authority that may assist other States Parties in developing and implementing specific measures for the prevention of corruption is the Presidential Programme for Modernization, Efficiency, Transparency and Combating Corruption:
Address: Carrera 8 No. 7-27 Edificio Galán
Bogotá, D.C., Colombia
Switchboard: 5601095-3341507
E-mail: buzon1@presidencia.gov.co.
Moreover, in accordance with article 46, paragraph 13, Colombia hereby reports that the central authorities designated to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution, and also to formulate requests for legal assistance, are as follows:
(a) The Office of the Attorney-General of the Republic, which is designated to receive and execute or transmit requests for legal assistance formulated by other States Parties, and to formulate requests for legal assistance to other States Parties in the case of investigations being handled by that Office:
Address: Diagonal 22B No. 52-01 Ciudad Salitre
Bogotá, D.C., Colombia
Switchboard: 5702000-4144900
E-mail: contacto@fiscalia.gov.co;
(b) The Department of Consular Affairs and Colombian Communities Abroad in the Ministry of Foreign Affairs, which is designated to formulate requests for legal assistance to other States Parties in cases other than investigations being handled by the Office of the Attorney-General of the Republic:
Address: Palacio San Carlos - Calle 10 No. 5-51
Bogotá, D.C., Colombia
Switchboard: 5662008.
Lastly, in accordance with article 46, paragraph 14, of the Convention, Colombia hereby reports that Spanish is the language acceptable to it for requests for legal assistance.
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Costa Rica
Costa Rica
5 July 2007
Notifications made under articles 6 (3), 44 (6), 46 (13) and 46 (14):
... the Republic of Costa Rica, in compliance with article 6 (3) of the United Nations Convention against Corruption, has designated as the authority that may assist other States Parties in developing and implementing specific measures for the prevention of corruption the Office of the Public Ethics Prosecutor, whose address is Avenidas 2-6, Calle 13, San José, Costa Rica; e-mail: Procuraduria@pgr.go.cr.
Similarly, the Republic of Costa Rica wishes to inform ... that the United Nations Convention against Corruption will be taken as the legal basis for cooperation on extradition, in accordance with article 44 (6) of the Convention.
Furthermore, the Republic of Costa Rica has the honour to inform ... that the Office of the Public Ethics Prosecutor has been designated the central authority responsible for receiving requests for mutual legal assistance and empowered to execute them or to transmit them to the competent authorities for execution, in accordance with article 46 (13) of the Convention.
Finally, in accordance with article 46 (14) of the Convention, the Republic of Costa Rica wishes to inform ... that the language in which it will receive documents relating to the United Nations Convention against Corruption is Spanish.
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Croatia
Croatia "The authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption, pursuant to Article 6, paragraph 3 of the Convention, shall be the Office for the Suppression of Corruption and Organised Crime, the Ministry of the Interior and the Ministry of Justice,
Pursuant to Article 44, paragraph 6, subparagraph (a) of the Convention, the Republic of Croatia will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention.
The central authority responsible and authorised to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution, pursuant to Article 46, paragraph 13 of the Convention, shall be the Ministry of Justice. Pursuant to Article 46, paragraph 14 of the Convention, the languages acceptable to the Republic of Croatia are Croatian and English."
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Cuba
Cuba The Republic of Cuba declares that, pursuant to article 44, paragraph 6, of the Convention, it does not take this Convention as the legal basis for cooperation on extradition with other States parties.
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Denmark
Denmark Declaration concerning Article 6, paragraph 3, and Article 46, paragraph 13 of the Convention:
"In accordance with Article 6 (3) of the Convention, the Government of Denmark has designated the Ministry of Foreign Affairs, Asiatisk Plads 2, DK-1448 Copenhagen K, Denmark, the Ministry of Justice, Slotholmsgade 10, DK-1216 Copenhagen K, Denmark, and the Ministry of Economic and Business Affairs, Slotholmsgade 10, KD-1216 Copenhagen K, Denmark, as competent authorities."
"In accordance with Article 46 (13) of the Convention, the Government of Denmark has designated to the Ministry of Justice, Slotholmsgade 10, DK-1216 Copenhagen K, Denmark, as competent authority."
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Ecuador
Ecuador
23 October 2006
... the Comisión de Control Cívico de la Corrupción (Commission for Civic Control of Corruption) is the Ecuadorian authority empowered to implement the provisions of article 6, paragraph 3, of the United Nations Convention against Corruption.
The head of the Commission is Dr. Ramiro Borja y Borja and the Commission headquarters is located in Quito at the following address:
Av. Amazonas 4430 y Villalengua,
Edificio Amazonas 100, Piso 3
Telephone: (593-2) 298 36 00
E-mail: comision@control-corrupcion.gov.ec
Website: www.comisionanticorrupcion.com
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El Salvador
El Salvador (a) With respect to the provisions of article 44, the Republic of El Salvador does not regard the above-mentioned Convention as the legal basis for cooperation in connection with extradition;
(b) With respect to article 46, paragraphs 13 and 14, the Republic of El Salvador states that the central authority as regards El Salvador is the Ministry of Foreign Affairs and that the acceptable language is Spanish; ...
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Finland
Finland
28 July 2006
"In Finland the authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption are:
The National Council for Crime Prevention
Address: PO Box 25, FIN 00023 Government, Finland
The Criminal Policy Department of the Ministry of
Justice
Address: PO Box 25, FIN 00023 Government, Finland
The National Bureau of Investigation
Address: PO Box 285, 01301 Vantaa, Finland."
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Georgia
Georgia "According to article 44, paragraph 6, subparagraph 'a', Georgia considers the Convention as the legal basis of collaboration on extradition issues with other state parties based on the principle of reciprocity.
According to Article 46, paragraph 13, Georgia designates the Ministry of Justice of Georgia and the Prosecutor General's Office of Georgia as the central governmental bodies to receive and execute requests for mutual legal assistance.
In accordance with article 46, paragraph 14, Georgia will receive the request for the mutual assistance in legal matters in Georgian and English languages."
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Greece
Greece "1. The Hellenic Republic declares that, pursuant to article 66 paragraph 3 of the Convention ratified by this law, it is not bound by paragraph 2 of the same article of the Convention.
2. The Hellenic Republic declares that the competent Central Authority to which applications pursuant to chapter IV of the Convention are addressed is the Ministry of Justice and that every relevant request, as well as its accompanying documents shall be translated into the Greek language."
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Guatemala
Guatemala (a) Pursuant to article 44, paragraph 6 (a), the Republic of Guatemala regards this Convention as the legal basis for cooperation on extradition;
(b) Pursuant to article 46, paragraph 13, the Republic of Guatemala notifies that the Public Minister is designated as central authority to receive requests for mutual legal assistance;
(c) Pursuant to article 46, paragraph 14, the Republic of Guatemala notifies that Spanish is the language acceptable for receiving requests for mutual legal assistance.
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Kenya
Kenya
14 August 2008
With notifications made under articles 6(3), 44(6), 46(13) and 46(14):
"In accordance to Article 6 (3), the authority in Kenya that may assist other State Parties in developing and implementing specific measures for the prevention of corruption is:
Kenya Anti-Corruption Commission
Integrity Centre
Milimani/Valley Road Junction
P.O. Box 61130-00200, Nairobi, Kenya.
Tel (General): +254-20-2717318
Hot Line: +254-20-2717468/+254-727-285663/ +254-733-520641
Fax: +254-20-2719757
Hot Fax: +254-20-2717473
E-mail: kacc@integrity.go.ke / report@integrity.go.ke
Website: http://www.kacc.go.ke
Correspondence with the Commission should be addressed to: The Directory/Chief Executive.
In terms of Article 44 (6) (a) of the Convention, the Republic of Kenya declares that it does not consider the Convention as a legal basis for co-operation on extradition with other States Parties since Kenya's municipal law (especially The Extradition (Contiguous) and Foreign Countries Act (Cap 76) and the Extradition (Commonwealth Countries) Act (Cap 77) requires the existence of a bilateral treaty
between Kenya and another state as a condition precedent to extradition proceedings.
The Republic of Kenya declares that pursuant to Article 46 (13) above, the Central Authority responsible and authorized to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution shall be:
The Attorney General
State Law Office
Harambee Avenue
P.O. Box 40112-00100, Nairobi, Kenya
Tel: +254-20-2227461
Fax: +254-20 2211082
Website: http://www.attorney-general.go.ke
E-mail: info@ag.go.ke
Pursuant to Article 46 (14) of the Convention, the language acceptable to the Republic of Kenya for purposes ofmutual legal assistance requests is English."
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Kuwait
Kuwait In accordance with article 44, paragraph 6 (a), of the United Nations Convention against Corruption,
We hereby declare in the name of the State of Kuwait that by this instrument the Convention is considered as the legal basis for cooperation on extradition with other States Parties to the Convention.
In accordance with article 46, paragraph 13, of the United Nations Convention against Corruption,
We hereby declare in the name of the State of Kuwait that by this instrument the Ministry of Justice is the central authority concerned with receiving requests for mutual legal assistance.
24 July 2007
Article 6, paragraph 3: The State of Kuwait has no designated authority that would enable it to assist other States parties in the formulation and implementation of specific anti-corruption measures.
Article 46, paragraph 14: The languages acceptable to the State of Kuwait are Arabic and English.
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Latvia
Latvia Notification under article 6 (3)
"...the Republic of Latvia declares that the authority that may assist other States Parties in developing and implementing specific measures is:
Corruption Prevention and Combating Bureau
Alberta Str. 13,
Riga, LV-1010
Latvia
Phone: +371 7356161
Fax: +371 7331150
E-mail: knab@knab.gov.lv
Notification under article 44 (6)
"...the Republic of Latvia will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention."
Notification under article 46 (13)
"...the Republic of Latvia declares that the authority which shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution under Article 46 is:
Ministry of Justice
Brivibas blvd. 36,
Riga, LV-1536
Latvia
Phone: +371 7036801
Fax: +371 7285575
E-mail: tm.kanceleja@tm.gov.lv
Notification under article 46 (14)
"...the Republic of Latvia declares that requests and supplementary documents addressed to the Republic of Latvia shall be sent together with their translation in Latvian."
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Lithuania
Lithuania "The Republic of Lithuania has designated the Special Investigation Service of the Republic of Lithuania as a national competent authority that may assist other States Parties in developing and implementing specific measures for the prevention of corruption, in accordance with paragraph 3 of Article 6 of the United Nations Convention against Corruption, adopted by the General Assembly Resolution of 31 October 2003.
Address:
Special Investigation Service of the Republic
of Lithuania
A.Jakto st. 6,
Vilnius, LT--01105,
Republic of Lithuania Phone : (+370 5) 266 3335
Fax : (+370 5) 266 3307,
E-mail: sst@stt.lt
[...] it is provided in subparagraph a) of paragraph 6 of Article 44 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania shall consider this Convention a legal basis for cooperation on extradition with other States Parties to the Convention; however, the Republic of Lithuania in no case shall consider the Convention a legal basis for the extradition of Lithuanian nationals, as it is stipulated in the Constitution of the Republic of Lithuania;
[...] it is provided in paragraph 13 of Article 46 of the Convention, the Seimas of the Republic of Lithuania declares that the Ministry of Justice of the Republic of Lithuania and the Prosecutor General's Offfice of the Republic of Lithuania shall be designated as central authorities to receive requests for mutual legal assistance;
[...] it is provided in paragraph 14 of Article 46 of the Convention, the Seimas of the Republic of Lithuania declares that requests for legal assistance and documents pertaining thereto, which shall be submitted to the Republic of Lithuania, should be accompanied by respective translations into English, Russian or Lithuanian, in case the aforementioned documents are not in one of these languages."
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Luxembourg
Luxembourg
21 December 2007
The Grand Duchy of Luxembourg declares that it takes the United Nations Convention against Corruption as the legal basis for cooperation on extradition with other States Parties.
7 February 2008
1. Notification on the basis of article 46, paragraph 13, of the Convention:
The Grand Duchy of Luxembourg designates:
Parquet Général auprès de la Cour Supérieure de Justice
B.P. 15
L-2010 Luxembourg
Tel.: (+352) 47 59 81-336
Fax: (+352) 47 05 50
parquet.general@justice.etat.lu
as the central authority responsible for receiving requests for mutual legal assistance or transmitting them to the competent authorities of another State party to the Convention for execution.
2. Notification on the basis of article 46, paragraph 14, of the Convention:
The Grand Duchy of Luxembourg accepts written requests for mutual legal assistance in the German, French or English languages or accompanied by a translation into one of these languages.
Furthermore, I have the honour to inform you, on the basis of article 6, paragraph 3, of the Convention, that article 2 of the Act of 1 August 2007 on the approval of the aforementioned Convention has established a committee for the prevention of corruption (known as
COPRECO). The committee is able to assist other States parties to develop and implement specific measures for the prevention of corruption.
The following is the contact information for the committee:
Comité de prévention de la corruption
Monsieur Luc Reding
13, rue Erasme
L-1468 Luxembourg
Tel.: (+352) 2478-4555
Fax: (+352) 22 05 19
luc.reding@mj.etat.lu
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Mali
Mali The Republic of Mali, pursuant to Article 44 (6), notifies that this Convention will constitute the legal basis for cooperation on extradition with other States Parties to this Convention.
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Malta
Malta "1. In accordance with, paragraph 3 of Article 6 the authority designated to assist other States Parties in developing and implementing specific measures for the prevention of corruption is - The Permanent Commission against Corruption, The Palace, Valletta, Malta.
2. In accordance with, paragraph 13 of Article 46 the central authority designated in pursuance of this article is the Office of the Attorney General, Attorney General's Chambers, The Palace, Valletta, Malta.
3. Pursuant to Article 46.14, the Government of Malta declares that requests and annexed documents should be addressed to it accompanied by a translation in English.
4. Pursuant to Article 44.6, the Government of Malta declares that it does not take this convention as the legal basis for co-operation on extradition with other State Parties."
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Mauritius
Mauritius "The Government of the Republic of Mauritius wishes to inform the Secretary-General of the following notifications pursuant to Articles 6 (3), 44 (6), 46 (13) and 46 (14), of the Convention.
Article 6 (3)
The contact details of the authority in Mauritius that may assist other States Parties in developing and implementing specific measures for the prevention of corruption are as follows:
The Commissioner
The Independent Commission Against Corruption
(ICAC)
Marine Road,
Quay D Round About,
Port Louis
Republic of Mauritius
Tel: (230) 217-1640/45/48 or 217-1655/56
Fax: (230) 217 1643
Hotline 800 4222
Email: contact@icac.mu
Web: http://www.icac.mu
Article 44 (6)
Mauritius makes extradition conditional on the existence of a treaty. The Extradition Act does not at present allow Mauritius to take the Convention as the legal basis for co-operation on extradition with other States Parties to the Convention.
Article 46 (13)
The central authority designated to receive requests for mutual legal assistance is the Attorney General.
Address:
Attorney General's Office
4th Floor, Renaganaden Seeneevassen Building
Jules Koenig Street
Port Louis
Mauritius
Tel: (230) 208-7234, (230) 212-2132
Fax: (230) 211 8084
E-mail: sgo@mail.gov.mu
Article 46 (14)
The acceptable languages are English (preferably) and French.
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Mongolia
Mongolia
7 August 2008
With regard to the notifications made under articles 6(3), 44(6), 46(13) and 46(14):
"1. Pursuant to with Article 6 (3) of the UN Convention against Corruption:
The authority that may assist other States Parties in developing and implementing specific measures for the prevention of corruption is the Independent Authority against Corruption of Mongolia.
Independent Authority against Corruption of Mongolia
Sukhbaatar district, Seoul Street - 41,
Ulaanbaatar 14250, Mongolia.
Tel/Fax: 976 70112460
E-mail: comcor@iaac.mn
Web page: www.iaac.mn
2. Pursuant to Article 44 (6) of the Convention:
Mongolia will take the UN Convention against Corruption as the legal basis for cooperation on extradition with other States Parties to the Convention. Mongolia will not extradite its' own citizens.
3. Pursuant to Article 46 (13) of the Convention:
The central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution is the Ministry of Justice and Home Affairs of Mongolia.
Ministry of Justice and Home Affairs of Mongolia
Trade Street 6/1
Ulaanbaatar 210646, Mongolia.
Tel: 976 11 267014, Fax: 976 11 325225
E-mail: admin@mojha.gov.mn
Web page: www.mojha.gov.mn
4. Pursuant to article 46 (14) of the Convention:
The requests and supporting documents on legal assistance should be submitted in the Mongolian language or either of the UN official languages, English or Russian."
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Montenegro
Montenegro
12 February 2007
"Pursuant to the Article 6 (3) of the United Nations Convention against Corruption, the authority that may assist other State Parties in developing and implementing specific measures for the prevention of corruption is:
The Agency for Anti-Corruption Initiative of the
Republic of Montenegro
Rimski trg 45, 81 000 Podgorica, Montenegro,
Pursuant to the Article 44 (6), the Convention can be the legal basis for the cooperation on extradition with the other State Parties,
Pursuant to the Article 46 (13),
The Ministry of Justice of the Republic of Montenegro
Vuka karadzica 3, 81 000 Podgorica, Montenegro,
is the central body responsible for the request for the international legal assistance, and that
Pursuant to the Article 46 (14), the language of forwarding legal assistance request can be both English and the official language in Montenegro."
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Mozambique
Mozambique 4 November 2008
"Pursuant to the provisions of Article 46, paragraphs 13 and 14 of the United Nations Convention against Corruption, the Republic of Mozambique declares that the Attorney's General Office of the Republic of Mozambique is the central authority designated to receive requests of legal mutual assistance and cooperation in the framework of the Convention, and that the Portuguese and
English languages are the acceptable languages.
Furthermore, with regard to Article 44 of the Convention, the Republic of Mozambique declares that:
'In accordance with its Constitution, the Republic of Mozambique can not extradite Mozambican citizens. The Constitution does not allow the extradition of foreign citizens that, according to the laws of the requesting State, could be subjected to death penalty or life
imprisonment. Foreign citizens also can not be extradited whenever there is serious ground to believe that they may be subjected to torture, inhumane, degrading or cruel treatment'."
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Nicaragua
Nicaragua
25 October 2006
In accordance with the provisions of article 46 (13) of the United Nations Convention against Corruption, the Government of the Republic of Nicaragua declares that the Attorney General of the Republic is designated as the central authority competent to receive requests for mutual legal assistance.
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Norway
Norway
21 September 2006
"
Article 6 (3)
In Norway the authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption are:
The Royal Ministry of Justice and the Police, P.O. Box 8005 Dep, N-0030 Oslo
The Royal Ministry of Finance, P.O. Box Dep, N-0030 Oslo
Article 46 (13)
The Norwegian authority responsible for receiving requests for mutual legal assistance in accordance with article 46 (13) is: The Royal Ministry of Justice and the Police, P.O. Box 8005 Dep, N-0030 Oslo
Article 46 (14)
Norway will accept requests in English, Danish and Swedish in addition to Norwegian."
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Pakistan
Pakistan "Article 6 (3)
... the Government of the Islamic Republic of Pakistan nominates National Accountability Bureau as the authority which will develop and implement specific anti-corruption measures in the country and cooperate at international level.
Address:
National Accountability Bureau (NAB)
Ata Turk Avenue, G-5/2, Islamabad
www/nab.gov.pk
Telephone + 92-51-920 8165
Fax + 92-51-921 4502 Article 44 (6)
... the Government of the Islamic Republic of Pakistan declares that pursuant to Article 44, Paragraph 6, of the Convention, it does not take this Convention as the legal basis for cooperation on extradition with other States Parties.
Article 46 (13)
..., the Government of the Islamic Republic of Pakistan designates National Accountability Bureau as a central authority to receive all requests for mutual legal assistance from other States Parties under the Convention. All such requests shall be in English or shall be accompanied by an official translation in English."
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Panama
Panama ...the Republic of Panama will take the Convention as the legal basis for cooperation on extradition with other States parties to the Convention.
...the Office of the Attorney-General is the central authority responsible for receiving and implementing requests for mutual legal assistance.
... the Republic of Panama considers that, for requests for legal assistance, the acceptable language is Spanish.
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Paraguay
Paraguay Pursuant to article 44 (6) (a) of the Convention, I have the honour to inform you that the Republic of Paraguay will take the Convention as the legal basis for cooperation on extradition with other States parties to the Convention.
Pursuant to the provisions of article 46 (13) of the aforementioned Convention, I hereby notify you that the Republic of Paraguay has designated the following institution as its central authority:
Central authority:Government Procurator's Department - Office of the Attorney-General
Department responsible: Department of International Affairs and External Legal Assistance
Director: Juan Emilio Oviedo Cabañas
Address: 737 Nuestra Señora de la Asunción, between Víctor Haedo and Humaitá
Telephone: 595-21-415 5000, extensions 162 and 157;
595-21-415 5100; 595-21 454603
e-mail: jeoviedo@ministeriopublico.gov.py
Pursuant to the terms of article 46 (14) of the Convention, the Republic of Paraguay considers that, for requests for mutual legal assistance and any other relevant communication, the Spanish language is acceptable or, failing that, officially certified translations into Spanish.
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Philippines
Philippines
14 December 2006
"In accordance with Article 6, paragraph 3, the Republic of the Philippines declares that the authorities for assisting other States in developing and implementing specific measures for the prevention of corruption are:
Office of the Ombudsman
Agham Road, Diliman, Quezon City, Philippines
Commission on Audit
Commonwealth Avenue, Quezon City, Philippines
In accordance with Article 44, paragraph 6, the Republic of the Philippines declares that dual criminality is required under its extradition law and the Philippines therefore cannot consider the Convention as the legal basis for cooperation on extradition with other States.
In accordance with Article 46, paragraphs 13 and 14, the Republic of the Philippines declares that if the request involves a State Party which has a bilateral treaty on mutual legal assistance with the Philippines, the Central Authority which shall have the power to receive requests for mutual legal assistance and either to execute them or transmit them to the competent authorities for execution is:
The Department of Justice
Padre Faura Street, Manila, Philippines
In the absence of a bilateral treaty, the Central Authority shall be:
Office of the Ombudsman
Agham Road, Diliman, Quezon City, Philippines
The acceptable language for requests for mutual assistance is English."
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Poland
Poland
13 October 2006
"Pursuant to article 46, paragraph 13, the Republic of Poland declares that the Ministry of Justice is designed as the central authority competent to receive requests for mutual legal assistance.
Pursuant to article 44, paragraph 6, the Republic of Poland regards the aforementioned Convention as a legal basis for cooperation on extradition with other States Parties of the Convention.
The Republic of Poland declares that Polish and English shall be the languages acceptable pursuant to article 46, paragraph 14 of the Convention."
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Portugal
Portugal
3 October 2007
"Regarding article 46 (13) of the United Nations against Corruption the designated authority with the responsibility and power to receive, execute or transmit requests for mutual legal assistance is the Procuradoria-Geral da República.
Regarding article 6 (3) of the United Nations against Corruption the authority which may assist other States Parties in developing and implementing specific measures for the prevention of corruption is the Direcção-Geral da Politica de Justiça, of the Ministry of Justice."
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Republic of Korea
Republic of Korea The Republic of Korea, pursuant to Article 46 (13) of the Convention, notifies the Secretary-General of the United Nations that the Minister of Justice is designated as the central authority for mutual legal assistance under the Convention. It also notifies the Secretary-General, pursuant to Article 46 (14) of the Convention, that requests for mutual legal assistance under the Convention should be made in, or accompanied by a translation into, the Korean or the English language.
21 April 2008
Article 6 (3)
"Anti-Corruption and Civil Rights Commission
Imgwang Building 81, Uiju-ro, Seodaemun-gu
Seoul, Republic of Korea, #120-705"
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Republic of Moldova
Republic of Moldova In accordance with Article 44, paragraph 6 (a) of the Convention, the Republic of Moldova takes this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention.
For the application of the provisions of the article 44 of the Convention, the Republic of Moldova does not take this Convention as a legal basis for the extradition of the persons excepted from the extradition in accordance with the provisions of the internal law.
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Romania
Romania "In accordance with Article 46, paragraph 13, of the Convention, Romania declares that the central authorities responsible for receiving requests for mutual legal assistance are:
a) the Prosecutor's Office to the High Court of Cassation and Justice for the requests formulated in criminal investigation and prosecution;
b) the Ministry of Justice for the requests formulated during the trial and execution of punishment, and for receiving requests for extradition and transfer of sentenced persons."
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Russian Federation
Russian Federation ...
2) The Russian Federation declares, in accordance with article 44, paragraph 6, subparagraph (a) of the Convention, that it will take the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention, on a foundation of reciprocity;
...
5) The Russian Federation declares, on the basis of the last sentence of article 46, paragraph 13, of the Convention, that it will, on a foundation of reciprocity and in urgent circumstances, accept requests for mutual legal assistance and communications through the International Criminal Police Organization, provided that the documents containing such requests and communications are dispatched without delay in the prescribed manner;
6) The Russian Federation declares, in accordance with article 46, paragraph 14, of the Convention, that requests for mutual legal assistance and communications related thereto addressed to the Russian Federation must be accompanied by translations into Russian, unless otherwise established by an international agreement of the Russian Federation or unless otherwise arranged between the central authority of the Russian Federation and the central authority of the other State Party to the Convention;
...
7 January 2009
… in accordance with paragraph 13 of Article 46 of the United Nations Convention against Corruption, adopted on 31 October 2003, the following authorities of the Russian Federation were designated to implement the provisions of this Convention with regard to mutual legal assistance:
Ministry of Justice of the Russian Federation - on the proceedings in civil matters, including those relating to civil aspects of the criminal offences, the Prosecutor General's Office of the Russian Federation on all other matters.
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Serbia
Serbia
12 May 2008
With regard to the nofication made under article 46(13):
"…..pursuant to article 46, paragraph 13 of the United Nations Convention against Corruption, the central authority of the Republic of Serbia for receiving requests for mutual legal assistance, acting on them and transmission to the competent authorities for execution is the Ministry of Justice of the Republic of Serbia."
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Seychelles
Seychelles "That, under Article 44.6 (a) of the Convention, the Republic of Seychelles will not take the Convention as the legal basis for cooperation on extradition, and
That in accordance with Article 46.13 of the Convention, the Ministry of Foreign Affairs has been designated the competent authority to receive requests for mutual assistance and transmit them to the central authority for execution."
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Slovakia
Slovakia "Pursuant to article 46, paragraphs 13 and 14 of the United Nations Convention against Corruption, the Slovak Republic notifies that the central authority of the Slovak Republic responsible for receiving requests for mutual legal assistance is the Ministry of Justice of the Slovak Republic and the acceptable languages are Slovak and English."
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Slovenia
Slovenia
Upon Accession
"WHEREAS PURSUANT TO Article 44, paragraph 6, subparagraph (a) of the Convention, the Republic of Slovenia takes the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention;
WHEREAS PURSUANT TO Article 46, paragraph 13 of the Convention, the central authority in the Republic of Slovenia that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution is the Ministry of Justice;
AND WHEREAS PURSUANT TO Article 46, paragraph 14 of the Convention, the languages acceptable to the Republic of Slovenia are Slovenian, English and French".
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South Africa
South Africa "... in terms of Article 44 (6) of the Convention it is approved that South Africa uses the Convention as the legal basis for co-operation on extradition with other States Parties to the Convention.
... it is approved that the Director-General of the Department of Justice and Constitutional Development is the designated Central Authority to receive requests for mutual legal assistance in terms of article 46 (13) of the Convention."
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Spain
Spain
26 March 2007
... in accordance with article 46 (13), the central authority to receive requests for mutual assistance is the following:
Subdirección General de Cooperación Jurídica
Internacional Ministerio de Justicia
Calle San Bernardo, 62 C.O. 28015 MADRID
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Sweden
Sweden "Pursuant to Article 46 (13) of the Convention, the central authority in Sweden competent to receive requests for mutual assistance is the Ministry of Justice.
Pursuant to Article 46 (14) of the Convention, a request together with the appendices shall be translated into Swedish, Danish or Norwegian, unless the authority dealing with the application otherwise allows in the individual case."
10 September 2008
"Pursuant to article 6 (3) and 44 (6) of the United Nations Convention against Corruption, ratified by Sweden on 25 September 2007, Sweden would like to provide the following information:
Article 6 (3)
The Swedish authority that may assist other States Parties in developing and implementing specific measures for the prevention of corruption is:
The Swedish International Development Cooperation Agency, (Sida)
Valhallavägen 199
SE-105 25 STOCKHOLM
Sweden
Article 44 (6)
Sweden does not make extradition conditional on the existence of a treaty. Extradition of
aliens is regulated by national legislation."
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The former Yugoslav Republic of Macedonia
The former Yugoslav Republic of Macedonia
16 April 2008
"In accordance with Article 6, paragraph 3, of the above mentioned Convention, competent authorities of Republic of Macedonia that may assist other States Parties in developing and implementing specific measures for the prevention of corruption, are: the State commission for the Suppression of Corruption and the Primary Public Prosecutor's Office for prosecuting organized crime and corruption.
In accordance with Article 44, paragraph 6, subparagraph (a) of the Convention, the Republic of Macedonia will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention.
In accordance with Article 46, paragraph 13 of the Convention, the central authority responsible and authorized to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution is the Ministry of Justice - Department for international legal assistance. Pursuant to Article 46, paragraph 14 of the Convention, the language acceptable to the Republic of Macedonia is Macedonian."
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United States of America
United States of America "Pursuant to article 6, paragraph 3 of the Convention, [the United States notifies] that the authorities are:
The Department of Justice
Office of Justice Programs
National Institute of Justice
810 7th Street, NW
Washington, D.C. 20531
and
The Department of State
Bureau of International Narcotics
and Law Enforcement Affairs
Anticorruption Unit
2201 C Street NW
Washington, D.C. 20520.
Pursuant to Article 44, paragraph 6, of the Convention, ... the United States will not apply Article 44, paragraph 5.
Pursuant to Article 46, paragraph 13, of the Convention, ... the Department of Justice, Criminal Division, Office of International Affairs, is designated as the central authority for mutual legal assistance under the Convention.
Pursuant to Article 46, paragraph 14, of the Convention, ... requests for mutual legal assistance under the Convention should be made in, or accompanied by a translation into, the English language."
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Uruguay
Uruguay
12 April 2007
- Article 6, paragraph 3: Dr. Adolfo Perez Piera and Beatriz Pereira de Pólito, President and Vice-President of the State Advisory Board on Economic and Financial Affairs (Rincón 528, piso 8, Montevideo, Uruguay; tel.: 011 5982 917 0407; fax.: 011 5982 917 0407 ext. 15; e-mail: secretaria@jasesora.gub.uy);
- Article 44, paragraph 6: While Uruguay does not necessarily make extradition conditional on the existence of a treaty, it has incorporated the United Nations Convention against Corruption into its domestic legal order and will therefore take the Convention as the legal basis for cooperation on extradition with other States parties;
- Article 46, paragraph 13: In accordance with Act No. 17,060 of 22 October 1998 (articles 34 and 35), requests for international legal cooperation on criminal matters from foreign authorities must be addressed to the Central Advisory Board on International Legal Cooperation, which is currently attached to the Department of Constitutional and Legal Affairs of the Ministry of Education and Culture;
- Article 46, paragraph 14: Spanish and English
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Uzbekistan
Uzbekistan "…..to paragraph 3 of Article 6 of the Convention: The Republic of Uzbekistan notifies that the Office of Prosecutor General, Ministry of Internal Affairs, National Security Service and Ministry of Justice of the Republic of Uzbekistan shall be defined as the authorities that may assist other State Parties in developing and implementing specific measures for the prevention of corruption…
….. to paragraph 6 of Article 44 of the Convention: In accordance with subparagraph "ä" of paragraph 6 of the article 44 the Republic of Uzbekistan notifies that it shall use this Convention as a legal basis for cooperation on extradition of persons, who committed corruption crimes, with other State Parties of this Convention on a foundation of reciprocity…
to Article 46 of the Convention:
(a) paragraph 13. The Republic of Uzbekistan notifies that the Office of Prosecutor General shall be defined as a central authority responsible to receive requests for mutual legal assistance and execute them, or to transfer them to the competent authorities of the Republic of Uzbekistan for execution…
(b) paragraph 14. The Republic of Uzbekistan notifies that the Uzbek, Russian and English languages shall be defined as acceptable upon filing requests for mutual legal assistance…"
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End Note
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1.In accordance with the provisions of Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and Article 138 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Convention shall apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People's Republic of China.
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2.With the following territorial exclusion: ... until further decision, the Convention shall not apply to the Faeroe Islands or to Greenland.
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3.In a communication received on 14 August 2008, the Government of Kenya informed the Secretary-General of the following:
"In accordance with Article 66 (3) of the United Nations Convention against Corruption, the Republic of Kenya declares that it does not consider itself bound by paragraph 2 of Article 66 of the Convention, which deals with the settlement of disputes arising between States Parties concerning the application of the Convention and referral to the International Court of Justice, because Kenya believes
that such disputes should be resolved through amicable negotiation or mediation or conciliation between the parties."
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4.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
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5.In a communication received on 4 November 2008, the Government of Mozambique informed the Secretary-General of the following:
"The Republic of Mozambique does not consider itself bound by the provision of Article 66, paragraph 2 of the United Nations Convention against Corruption, which provides that any dispute between two or more States Parties concerning the interpretation or application of the Convention that cannot be settled through negotiation shall, at the request of one of those States Parties, be submitted to arbitration or to the International Court of Justice.
The Republic of Mozambique considers that no dispute of such nature may be submitted to arbitration or to the International Court of Justice without the consent of all parties to the dispute."
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6.For the Kingdom in Europe.
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7.On 12 October 2006, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General of the following:
"... the said Convention shall extend to the British Virgin Islands being a territory for whose international relations the Government of the United Kingdom is responsible.
The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the United Nations Convention against Corruption to the British Virgin Islands to take effect from the date of deposit of this notification...".
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8.Upon signing the Convention, the Government of Israel communciated the following with regard to the declaration made by the Government of Algeria upon ratification:
"The Government of the State of Israel has noted that the instrument of ratification of Algeria of the abovementioned Convention contains a declaration with respect to the State of Israel.
The Government of the State of Israel considers that such declaration, which is explicitly of a political nature, is incompatible with the purposes and objectives of the Convention.
The Government of the State of Israel therefore objects to the aforesaid declaration."
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