Know about United Nations Convention against Corruption Article 1 to 4 Part Two –

Know about United Nations Convention against Corruption
Article 1 to 4 Part Two –

Chapter I
General provisions

Article 1. Statement of purpose

The purposes of this Convention are:


(a) To promote and strengthen measures to prevent and combat corruption more efficiently and effectively;

(b) To promote, facilitate and support international cooperation and
technical assistance in the prevention of and fight against corruption, including
in asset recovery;

(c) To promote integrity, accountability and proper management of pub-lic affairs and public property.

Article 2. Use of terms
For the purposes of this Convention:

(a) “Public official” shall mean:

(i) any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority;

(ii) any other person who performs a public function,
including for a public agency or public enterprise, or provides a public service,
as defined in the domestic law of the State Party and as applied in the pertinent
area of law of that State Party;

(iii) any other person defined as a “public official” in the domestic law of a State Party. However, for the purpose of some specific measures contained in chapter II of this Convention, “public official” may mean any person who performs a public function or provides a public service as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party;

(b) “Foreign public official” shall mean any person holding a legislative,
executive, administrative or judicial office of a foreign country, whether ap-
pointed or elected; and any person exercising a public function for a foreign
country, including for a public agency or public enterprise;

(c) “Official of a public international organization” shall mean an inter-
national civil servant or any person who is authorized by such an organization
to act on behalf of that organization;

(d) “Property” shall mean assets of every kind, whether corporeal or in-
corporeal, movable or immovable, tangible or intangible, and legal documents
or instruments evidencing title to or interest in such assets;

(e) “Proceeds of crime” shall mean any property derived from or ob-tained, directly or indirectly, through the commission of an offence;

(f) “Freezing” or “seizure” shall mean temporarily prohibiting the trans-fer, conversion, disposition or movement of property or temporarily assuming
custody or control of property on the basis of an order issued by a court or
other competent authority;

(g) “Confiscation”, which includes forfeiture where applicable, shall mean
the permanent deprivation of property by order of a court or other competent
authority;

(h) “Predicate offence” shall mean any offence as a result of which pro-ceeds have been generated that may become the subject of an offence as defined
in article 23 of this Convention;

(i) “Controlled delivery” shall mean the technique of allowing illicit or
suspect consignments to pass out of, through or into the territory of one or
more States, with the knowledge and under the supervision of their competent
authorities, with a view to the investigation of an offence and the identification
of persons involved in the commission of the offence.

Article 3. Scope of application

1. This Convention shall apply, in accordance with its terms, to the
prevention, investigation and prosecution of corruption and to the freezing,
seizure, confiscation and return of the proceeds of offences established in
accordance with this Convention.

2. For the purposes of implementing this Convention, it shall not be
necessary, except as otherwise stated herein, for the offences set forth in it to
result in damage or harm to state property.

Article 4. Protection of sovereignty

1. States Parties shall carry out their obligations under this Convention
in a manner consistent with the principles of sovereign equality and territorial
integrity of States and that of non-intervention in the domestic affairs of
other States.

2. Nothing in this Convention shall entitle a State Party to undertake in
the territory of another State the exercise of jurisdiction and performance of
functions that are reserved exclusively for the authorities of that other State by
its domestic law.

Reality views by sm –
Monday, April 11, 2011

Suggested Reading –
Know about United Nations Convention against Corruption Part One –
India has not signed the convention already 140 countries signed it
http://realityviews.blogspot.com/2011/04/know-about-united-nations-convention.html

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