107/2002
Lahjontaa koskeva Euroopan neuvoston rikosoikeudellinen yleissopimus
Europarådets straffrättsliga konvention mot korruption
Criminal law convention on corruption
Perustiedot
Sopimustyyppi: |
|
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Allekirjoituspäivä: | 04.11.1998 (Strasbourg) |
Ratifiointipäivä: | 03.10.2002 H |
Voimaantulopäivä: | 01.02.2003 |
Kansainvälinen voimaantulopäivä: | 01.07.2002 |
Sopimukset: | 107/2002 108/2002 |
Säädösviitteet: | 1036/2002 603/2002 |
Sopimukseen tehdyt muutokset
Osapuolet
ALANKOMAAT
Sitoutumispäivä: 11.04.2002 HVoimaantulopäivä: 01.08.2002Varauma:Alueellinen soveltaminen: Sovelletaan Euroopassa sijaitsevaan kuningaskuntaan.
In accordance with Article 37, paragraph 1, the Netherlands will not fulfil the obligation under Article 12.
In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph 1, the Netherlands may exercise jurisdiction in the following cases :
a. in respect of a criminal offence that is committed in whole or in part on the Dutch territory;
b. - over both Dutch nationals and Dutch public officials in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Articles 4 to 6 and Articles 9 to 11 in conjunction with Article 2, where these constitute criminal offences under the law of the country in which they were committed;
- over Dutch public officials and also over Dutch nationals who are not Dutch public officials in respect of offences established in accordance with Articles 4 to 6 and 9 to 11 in conjunction with Article 3, where these constitute criminal offences under the law of the country in which they were committed;
- over Dutch nationals in respect of offences established in accordance with Articles 7, 8, 13 and 14, where these constitute criminal offences under the law of the country in which they were committed;
c. over Dutch nationals involved in an offence that constitutes a criminal offence under the law of the country in which it was committed.
In accordance with Article 29, paragraph 2, of the Convention, the Netherlands declare that the central authority is :
Het Ministerie van Justitie (Ministry of Justice)
Directie Internationale Strafrechtelijke Aangelegenheden en Drugsbeleid
Bureau Internationale Rechtshulp in Strafzaken
Postbus 20301
2500 EH Den Haag.
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Reservations and Declarations
NETHERLANDS
Renewal of reservations contained in a letter from the Permanent Representative of the
Netherlands, dated 20 January 2021, registered at the Secretariat
General on 20 January 2021
In accordance with Article 38, paragraph 2, of the Convention, the Netherlands declares that it upholds
wholly the reservations made in accordance with Article 37, paragraphs 1 and 2, of the Convention, for
the period of three years set out in Article 38, paragraph 1, of the Convention, for the European part and
the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).
_____
Note by the Secretariat: The reservations read as follows:
???In accordance with Article 37, paragraph 1, the Netherlands will not fulfill the obligation under
Article 12.
In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph 1, the Netherlands
may exercise jurisdiction in the following cases:
a) in respect of a criminal offence that is committed in whole or in part on the Dutch territory;
b) - over both Dutch nationals and Dutch public officials in respect of offences established in
accordance with Article 2 and in respect of offences established in accordance with Articles 4 to 6
and Articles 9 to 11 in conjunction with Article 2, where these constitute criminal offences under
the law of the country in which they were committed;
- over Dutch public officials and also over Dutch nationals who are not Dutch public officials in
respect of offences established in accordance with Articles 4 to 6 and 9 to 11 in conjunction with
Article 3, where these constitute criminal offences under the law of the country in which they were
committed;
- over Dutch nationals in respect of offences established in accordance with Articles 7, 8, 13
and 14, where these constitute criminal offences under the law of the country in which they were
committed;
c) over Dutch nationals involved in an offence that constitutes a criminal offence under the law of the
country in which it was committed.???ALBANIA
Sitoutumispäivä: 19.07.2001 RVoimaantulopäivä: 01.07.2002Varauma:In accordance with Article 29, paragraph 2, of the Convention, the Republic of Albania declares that the central authority designated by the Republic of Albania is:
the Ministry of Justice
Boulevard "Zog I"
Tirana - Albania
In accordance with Article 30, paragraph 6, of the Convention, the Republic of Albania declares that, for reasons of efficiency, requests made under Chapter IV are to be addressed to the central authority.
In accordance with Article 37, paragraph 2, of the Convention, the Republic of Albania reserves the right to apply Article 17, paragraphs 1.b and 1.c, only if the offence also constitutes an offence under the legislation of the State Party in which it has been committed (double criminality).
In accordance with Article 37, paragraph 3, of the Convention, the Republic of Albania declares that it may refuse mutual legal assistance under article 26, paragraph 1, if the request concerns an offence, which the Republic of Albania considers a political offence.ANDORRA
Sitoutumispäivä: 06.05.2008 RVoimaantulopäivä: 01.09.2008Varauma:Articles 10, 37, 6
In accordance with Article 37, paragraph 1, of the Convention, Andorra reserves its right to apply Articles 6 and 10 to the members of foreign public Assemblies and to the members of international parliamentary Assemblies.
Articles 37, 7, 8
In accordance with Article 37, paragraph 1, of the Convention, Andorra declares that it will establish as a criminal offence the conduct referred to in Articles 7 and 8, in accordance with its domestic law, only when it will be qualified as such by the Criminal Code of the Principality of Andorra.
Articles 12, 37
In accordance with Article 37, paragraph 1, of the Convention, Andorra reserves its right not to establish as a criminal offence the conduct referred to in Article 12, when it is only an attempt in accordance with its domestic law.
Article 29
In accordance with Article 29, paragraph 2, of the Convention, Andorra declares that it designates as central authority, in accordance with Article 29, paragraph 1, of the Convention :
Ministeri de Just??cia i Interior
(Ministry of Justice and Interior)
Edifici administratiu de l'Obac
AD700 Escaldes-Engordany
Principat d'Andorra
Renewal of a reservation: "In accordance with Article 37, paragraph 1, of the Convention, Andorra declares that it will establish as a criminal offence the conduct referred to in Articles 7 and 8, in accordance with its domestic law, only when it will be qualified as such by the Criminal Code of the Principality of Andorra."
********************
Renewal of a reservation contained in a letter from the Permanent Representative of
Andorra, dated 27 January 2021, registered at the Secretariat
General on 4 February 2021
In accordance with Article 38, paragraph 2, of the Convention, the Government of Andorra declares that
it upholds wholly its reservation made in accordance with Article 37, paragraph 1, of the Convention, for
the period of three years set out in Article 38, paragraph 1, of the Convention.
_____
Note by the Secretariat: The reservation reads as follows:
???In accordance with Article 37, paragraph 1, of the Convention, Andorra declares that it will establish
as a criminal offence the conduct referred to in Articles 7 and 8, in accordance with its domestic law,
only when it will be qualified as such by the Criminal Code of the Principality of Andorra.???ARMENIA
Sitoutumispäivä: 09.01.2006 RVoimaantulopäivä: 01.05.2006Varauma:Pursuant to Article 37, paragraph 1, of the Convention, the Republic of Armenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12.
Pursuant to Article 37, paragraph 3, of the Convention, the Republic of Armenia declares that it may refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence which it considers a political offence.
Pursuant to Article 29 of the Convention, the Republic of Armenia declares that it designates the following central authorities, which shall be responsible for co-operation under Chapter IV of the Convention :
a. The General Prosecutor's office of the Republic of Armenia (5, Vazgen SARGSYAN Street, 375010 YEREVAN) for the criminal offences at the pre-trial stage;
b. The Ministry of Justice of the Republic of Armenia (3, Vazgen SARGSYAN Street, 375010 YEREVAN) for the criminal offences at the trial stage.
*********************
Renewal of a reservation contained in a letter from the Permanent Representative of Armenia,
dated 9 February 2021, registered at the Secretariat General on
9 February 2021
In accordance with Article 38, paragraph 2, of the Convention, the Government of Armenia declares that
it upholds wholly its reservation made in accordance with Article 37, paragraph 1, of the Convention, for
the period of three years set out in Article 38, paragraph 1, of the Convention.
_____
Note by the Secretariat: The reservation reads as follows:
???Pursuant to Article 37, paragraph 3, of the Convention, the Republic of Armenia declares that it may
refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence which
it considers a political offence.???AZERBAIDZHAN
Sitoutumispäivä: 11.02.2004 RVoimaantulopäivä: 01.06.2004Varauma:The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation.
In accordance with Article 37, paragraph 1, of the Convention, the Republic of Azerbaijan reserves the right not to establish as criminal offence the conduct referred to in Articles 6, 10, 12 and the passive bribery offences under Article 5.
In accordance with Article 29, paragraph 2, of the Convention, the Republic of Azerbaijan declares that it designates, according to Article 29, paragraph 1, as the central authority:
The Prosecutors' Office of the Republic of Azerbaijan
Nigar Rafibeyli st. 7
AZ 1001, Baky - Azerbaijan
In accordance with Article 37, paragraph 3, of the Convention, the Republic of Azerbaijan declares that it may refuse mutual legal assistance under Article 26, paragraph 1 if the request concerns an offence which the Republic of Azerbaijan considers as political offence.
Renewal of a reservation:
The Government of Azerbaijan has informed the Secretary General of its intention to uphold wholly this reservation for a period of 3 years (Article 38 of the Convention): by a letter from the Minister of Foreign Affairs of the Republic of Azerbaijan, dated 29 September 2015, registered at the Secretariat General on 19 October 2015 ??? Period covered: from 01/06/2016 to 01/06/2019.
by a letter from the Minister of Foreign Affairs of the Republic of Azerbaijan, dated 3 October 2018, registered at the Secretariat General on 16 October 2018 ??? Or. Engl. (Period covered: from 01/06/2019 to 01/06/2022).
******************
Renewal of a reservation contained in a letter from the Minister of Foreign Affairs of
Azerbaijan dated 10 September 2021, registered at the
Secretariat General on 30 September 2021
In accordance with Article 38, paragraph 2, of the Convention, the Government of the Republic
of Azerbaijan declares that it upholds wholly its reservation to Article 26, paragraph 1, of the
Convention made in accordance with Article 37, paragraph 1, of the Convention, for the period
of three years set out in Article 38, paragraph 1, of the Convention.BELGIA
Sitoutumispäivä: 23.03.2004 RVoimaantulopäivä: 01.07.2004Varauma:According to Article 37, paragraph 1, of the Convention, Belgium reserves the right to establish as a criminal offence under its domestic law the conduct referred to in Articles 7 and 8 of the Convention only if such conduct was committed in view of the accomplishment or the omission of an act, without the knowledge and without authorisation, as the case may be, of the board of directors or of the general meeting, of the principal or of the employer.
According to Article 37, paragraph 1, of the Convention, Belgium reserves the right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12 of the Convention which does not concern the use by a person holding a public function of the influence - be it real influence or supposed influence - that he or she disposes of owing to his or her function.
According to Article 37, paragraph 2, of the Convention, Belgium reserves the right to apply Article 17, paragraphs 1 b and c, only if the offence also constitutes an offence under the legislation of the State Party in which it has been committed, unless the offence concerns a person holding a public function in a State member of the European Union.
According to Article 29, paragraph 1, of the Convention, the Government of the Kingdom of Belgium designates the "Service Public F??d??ral Justice, Direction G??n??rale de la L??gislation et des Libert??s et Droits fondamentaux" as the central authority which shall be responsible for receiving the requests for mutual legal assistance and, either for executing or for transmitting them to the authorities competent for their execution. The address of this central authority is the following : 115 Boulevard de Waterloo, 1000 Bruxelles - Tel. 00.32.2.542.67.30 - Fax : 00.32.2.538.83.75 - Email : http://www.just.fgov.be
Renewal of reservations contained in a letter from the Permanent Representative of Belgium, dated 18 April 2016, registered at the Secretariat General on 25 April 2016
Pursuant to Article 38, paragraph 2, of the Convention, the Government of Belgium declares maintaining the reservations made to Articles 7, 8 and 12 of the Convention in their entirety and for a period of three years.
_____
Note by the Secretariat: The reservations read as follows:
"According to Article 37, paragraph 1, of the Convention, Belgium reserves the right to establish as a criminal offence under its domestic law the conduct referred to in Articles 7 and 8 of the Convention only if such conduct was committed in view of the accomplishment or the omission of an act, without the knowledge and without authorisation, as the case may be, of the board of directors or of the general meeting, of the principal or of the employer.
According to Article 37, paragraph 1, of the Convention, Belgium reserves the right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12 of the Convention which does not concern the use by a person holding a public function of the influence ??? be it real influence or supposed influence ??? that he or she disposes of owing to his or her function."BOSNIA-HERTSEGOVINA
Sitoutumispäivä: 30.01.2002 RVoimaantulopäivä: 01.07.2002Varauma:Pursuant to the Law on Ministries and other Bodies of Administration of Bosnia and Herzegovina ("Official Gazette", No. 5/03 of 7 March 2003), the Ministry of Security of Bosnia and Herzegovina has been responsible for "preventing and detecting perpetrators of criminal acts of terrorism, drugs trafficking, forgery of native and foreign currency and trafficking of human beings and other criminal acts with the international and inter-entity elements".
Therefore, the Ministry of Security will be the central authority-institution for preventing and detecting perpetrators of corruption on the State level of Bosnia and Herzegovina.BULGARIA
Sitoutumispäivä: 07.11.2001 RVoimaantulopäivä: 01.07.2002Varauma:Bulgaria declares that the central authority designated for the purposes of Article 29 of the Convention is the Ministry of Justice, 1 Slavianska Str., 1000 Sofia - Bulgaria.
ESPANJA
Sitoutumispäivä: 28.04.2010 RVoimaantulopäivä: 01.08.2010Varauma:Article 29
In accordance with Article 29 of the Convention, the Government of Spain designates as the central authority for the purposes of this Convention :
Subdirecci???n General para Asuntos de Justicia
en la Uni???n Europea y OO.II.
(Sub-Directorate General of Legal Affairs of the European Union and Organisation International
Directorate General for International Legal Cooperation of the Ministry of Justice)
Calle San Bernardo, 62
C.P. 28071 Madrid
Phone: +34 91 390 44 72/44 10
Articles 17, 37
In accordance with Articles 17, paragraph 2, and 37, paragraph 2, of the Convention, the Kingdom of Spain reserves itself the right not to apply Article 17, paragraph 1.b, and to request therefore the requirement of dual punishability for the prosecution of offences committed abroad by its nationals.
****************
Renewal of a reservation contained in a letter from the Permanent Representative of Spain,
dated 30 March 2022, registered at the Secretariat General on
30 March 2022
In accordance with Article 38, paragraph 2, of the Convention, the Kingdom of Spain declares that it
upholds wholly its reservation to Article 17, paragraph 1.b, of the Convention made in accordance with
Article 37, paragraph 1, of the Convention, for the period of three years set out in Article 38, paragraph 1,
of the Convention.
Statement
If this Convention were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
Renewal of a reservation with specification of the scope of application contained in a letter from the Permanent Representative of Spain, dated 31 January 2017, registered at the Secretariat General on 31 January 2017
In accordance with Article 38, paragraph 2, of the Convention, Spain declares that it upholds wholly its
reservation made at the time of deposit of the instrument of ratification of the Convention, for the period of
three years set out in Article 38, paragraph 1, of the Convention.
The Spanish Government specifies that the said reservation shall in no circumstances affect the
jurisdiction of the Spanish Courts for the knowledge, in accordance with Article 17, paragraph 4, of the
Convention, of bribery offences between individuals and in international economic transactions, as
provided for in Article 23.4.n) of Organic Law 6/1985 of 1 July of the Judiciary.
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SPAIN
Renewal of a reservation contained in a letter from the Permanent Representative of Spain to the Council of Europe, dated 18 December 2019, registered at the Secretariat General on 18 December 2019 ??? Or. Fr.
In accordance with Article 38, paragraph 2, of the Convention, the Kingdom of Spain declares that it upholds wholly its reservation to Article 17 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention.
_____
Note by the Secretariat: The reservation reads as follows:
???In accordance with Articles 17, paragraph 2, and 37, paragraph 2, of the Convention, the Kingdom of Spain reserves itself the right not to apply Article 17, paragraph 1.b, and to request therefore the requirement of dual punishability for the prosecution of offences committed abroad by its nationals; the said reservation shall in no circumstances affect the jurisdiction of the Spanish Courts for the knowledge, in accordance with Article 17, paragraph 4, of the Convention, of bribery offences between individuals and in international economic transactions, as provided for in Article 23.4.n) of Organic Law 6/1985 of 1 July of the Judiciary.???GEORGIA
Sitoutumispäivä: 10.01.2008 RVoimaantulopäivä: 01.05.2008Varauma:Georgia declares that the Convention shall be applicable on the part of the territory of Georgia where Georgia exercises its full jurisdiction.
Article 29
In accordance with Article 29, paragraph 2, of the Convention, Georgia declares that it designates as central authorities pursuant to Article 29, paragraph 1, of the Convention:
Ministry of Justice of Georgia
30, Rustaveli Avenue
TBILISI 0146
GEORGIA
Tel. +995-32-75-82-10/82-77/82-78
Fax.: +995-32-75-82-76/82-29
Email:Intlawdep@justice.goc.ge
and
Office of the Prosecutor General of Georgia
24 Gorgasali str.
Tbilisi 0133
Georgia
Tel./Fax: (+995 32) 40 51 42
Internet: http://www.psg.gov.geIRLANTI
Sitoutumispäivä: 03.10.2003 RVoimaantulopäivä: 01.02.2004Varauma:In accordance with Article 29, paragraph 2, of the Convention, Ireland designates the Department of Justice, Equality and Law Reform, 72-76 St Stephen's Green, Dublin 2, as the central authority.
ISLANTI
Sitoutumispäivä: 11.02.2004 RVoimaantulopäivä: 01.06.2004Varauma:In accordance with Article 29, paragraph 2, of the Convention, the following authority is hereby designated as the central authority for the Republic of Iceland:
The National Commissioner of the Icelandic Police (R?kisl?greglustj?rinn)
Sk?lag?tu 21
101 Reykjv?k
IcelandISO-BRITANNIA
Sitoutumispäivä: 09.12.2003 RVoimaantulopäivä: 01.04.2004Varauma:Section 109 of the Anti-terrorism, Crime and Security Act 2001 (and section 69 of the Criminal Justice (Scotland) Act 2003) extend the normal jurisdiction of the United Kingdom courts over any offence of bribery at common law or under the Public Bodies Corrupt Practices Act 1889 or the Prevention of Corruption Act 1906 ("the 1906 Act") to cover offences by United Kingdom nationals which take place outside the United Kingdom. The United Kingdom therefore applies the jurisdictional rule laid down in Article 17, paragraph 1 (b), except that United Kingdom jurisdiction is limited to United Kingdom nationals, and accordingly does not cover public officials or members of domestic public assemblies except where they are United Kingdom nationals. The United Kingdom therefore makes a declaration under Article 17, paragraph 2, that it reserves the right to apply the jurisdictional rule laid down in paragraph 1.b only where the offender is a United Kingdom national. In addition, the United Kingdom makes a declaration under Article 17, paragraph 2 that it reserves the right not to apply the jurisdictional rule laid down in paragraph 1.c at all. Since United Kingdom law places no bar on the extradition of United Kingdom nationals, the United Kingdom does not need to change the law to meet the requirements of Article 17, paragraph 3.
The conduct referred to in Article 7 is largely covered by section 1 of the 1906 Act. The 1906 Act does not however cover the case where the undue advantage is not given directly to the agent but is given to a third party. The United Kingdom accepts this aspect of the law is in need of amendment and the draft Corruption Bill published in 2003 would make this change in respect of England, Wales and Northern Ireland. However for the present a reservation is necessary. Accordingly, in accordance with Article 37, paragraph 1, the United Kingdom reserves the right not to establish as a criminal offence all of the conduct referred to in Article 7.
The conduct referred to in Article 12 is covered by United Kingdom law in so far as an agency relationship exists between the person who trades his influence and the person he influences. However not all of the conduct referred to in Article 12 is criminal under United Kingdom law. Accordingly, in accordance with Article 37, paragraph 1, the United Kingdom reserves the right not to establish as a criminal offence all of the conduct referred to in Article 12.
In accordance with Article 30, paragraph 6, of the Convention, the United Kingdom declares that all requests made under this chapter are to be addressed to its central authorities.
In accordance with Article 29, paragraph 2, of the Convention, the United Kingdom has designated in pursuance of Article 29, paragraph 1 that its central authority for mutual legal assistance is:
. the Home Office
50 Queen Anne's Gate
London - SW1H 9AT
and that its central authorities for extradition are:
For England, Wales and Northern Ireland:
. the Home Office
50 Queen Anne's Gate
London - SW1H 9AT
For Scotland:
. the Crown Office
25 Chambers Street
Edinburgh - EH1 1LA
Renewal of reservations contained in a letter from the Permanent Representative of the United Kingdom, dated 6 April 2016, registered at the Secretariat General on 7 April 2016
In accordance with Article 38, paragraph 2, of the Convention, the Government of the United Kingdom declares that it intends to uphold the reservations made in accordance with Article 37 concerning Article 12 and Article 17, paragraphs 1.b and 1.c, of the Convention.
Note by the Secretariat: The reservations read as follows:
"The conduct referred to in Article 12 is covered by United Kingdom law in so far as an agency relationship exists between the person who trades his influence and the person he influences. However not all of the conduct referred to in Article 12 is criminal under United Kingdom law. Accordingly, in accordance with Article 37, paragraph 1, the United Kingdom reserves the right not to establish as a criminal offence all of the conduct referred to in Article 12.
Section 109 of the Anti-terrorism, Crime and Security Act 2001 (and section 69 of the Criminal Justice (Scotland) Act 2003) extend the normal jurisdiction of the United Kingdom courts over any offence of bribery at common law or under the Public Bodies Corrupt Practices Act 1889 or the Prevention of Corruption Act 1906 (???the 1906 Act???) to cover offences by United Kingdom nationals which take place outside the United Kingdom. The United Kingdom therefore applies the jurisdictional rule laid down in Article 17, paragraph 1 (b), except that United Kingdom jurisdiction is limited to United Kingdom nationals, and accordingly does not cover public officials or members of domestic public assemblies except where they are United Kingdom nationals. The United Kingdom therefore makes a declaration under Article 17, paragraph 2, that it reserves the right to apply the jurisdictional rule laid down in paragraph 1.b only where the offender is a United Kingdom national. In addition, the United Kingdom makes a declaration under Article 17, paragraph 2 that it reserves the right not to apply the jurisdictional rule laid down in paragraph 1.c at all. Since United Kingdom law places no bar on the extradition of United Kingdom nationals, the United Kingdom does not need to change the law to meet the requirements of Article 17, paragraph 3.???
Renewal of reservations contained in a letter from the Permanent Representative of the United Kingdom, dated 7 June 2016, registered at the Secretariat General on 8 June 2016
In accordance with Article 38, paragraph 2, of the Convention, the Bailiwick of Jersey upholds the reservations made in accordance with Article 37 concerning Article 12 and Article 17, paragraphs 1.b and 1.c, of the Convention covering jurisdiction and the creation of criminal offences.
_____
Note by the Secretariat: The reservations read as follows:
"As regards to Article 12 of the Convention, the conduct referred to is covered by Jersey Law in so far as an agency relationship exists between the person who trades his influence and the person he influences. However not all of the conduct referred to in Article 12 is criminal under Jersey Law. Accordingly, pursuant to Article 37, paragraph 1, of the Convention, the Government of the Bailiwick of Jersey reserves the right not to establish as a criminal offence all of the conduct referred to in Article 12
Article 8 of the Corruption (Jersey) Law 2006 extends the normal jurisdiction of the Jersey courts to cover (a) an offence under that Law where any of the acts alleged to constitute the offence was committed in Jersey, notwithstanding that the other acts constituting the offence were committed outside Jersey, and (b) offences under that Law by United Kingdom nationals (as defined by Article 1, paragraph 2, of that Law) which take place outside Jersey. Jersey therefore applies the jurisdictional rule laid down in Article 17, paragraph 1(b), of the Convention, except that, where all acts alleged to constitute the offence were committed outside Jersey, Jersey jurisdiction is limited to United Kingdom nationals, and accordingly does not cover public officials or members of domestic public assemblies except where they are United Kingdom nationals.
Accordingly, pursuant to Article 17, paragraph 2, of the Convention, the Government of the Bailiwick of Jersey declares that it reserves the right to apply the jurisdictional rule laid down in Article 17, paragraph 1(b), where all of the acts alleged to constitute the offence were committed outside the Bailiwick of Jersey, only where the offender is a United Kingdom national.
In addition, the Government of Jersey declares that it reserves the right not to apply the jurisdictional rule laid down in Article 17, paragraph 1(c) of the Convention at all.???
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Renewal of reservations contained in a letter from the Permanent Representative of the
United Kingdom, dated 28 September 2022, registered at the
Secretariat General on 29 September 2022
In accordance with Article 38, paragraph 2, of the Convention, the United Kingdom declares it renews
wholly the reservations made pursuant to Article 37 of the Convention, for the period of three years set
out in Article 38, paragraph 1, of the Convention.
_____
Note by the Secretariat: The reservations read as follows:
"Section 109 of the Anti-terrorism, Crime and Security Act 2001 (and section 69 of the Criminal
Justice (Scotland) Act 2003) extend the normal jurisdiction of the United Kingdom courts over any
offence of bribery at common law or under the Public Bodies Corrupt Practices Act 1889 or the
Prevention of Corruption Act 1906 ("the 1906 Act") to cover offences by United Kingdom nationals
which take place outside the United Kingdom. The United Kingdom therefore applies the
jurisdictional rule laid down in Article 17, paragraph 1 (b), except that United Kingdom jurisdiction
is limited to United Kingdom nationals, and accordingly does not cover public officials or members
of domestic public assemblies except where they are United Kingdom nationals. The United
Kingdom therefore makes a declaration under Article 17, paragraph 2, that it reserves the right to
apply the jurisdictional rule laid down in paragraph 1.b only where the offender is a United
Kingdom national. In addition, the United Kingdom makes a declaration under Article 17,
paragraph 2 that it reserves the right not to apply the jurisdictional rule laid down in paragraph 1.c
at all. Since United Kingdom law places no bar on the extradition of United Kingdom nationals,
the United Kingdom does not need to change the law to meet the requirements of Article 17,
paragraph 3.
The conduct referred to in Article 12 is covered by United Kingdom law in so far as an agency
relationship exists between the person who trades his influence and the person he influences.
However not all of the conduct referred to in Article 12 is criminal under United Kingdom law.
Accordingly, in accordance with Article 37, paragraph 1, the United Kingdom reserves the right
not to establish as a criminal offence all of the conduct referred to in Article 12."ITALIA
Sitoutumispäivä: 13.06.2013 RVoimaantulopäivä: 01.10.2013Varauma:Article 37
Pursuant to Article 37, paragraph 1, of the Convention, Italy declares that it reserves the right not to establish as a criminal offence the conduct of passive bribery of foreign public officials and of members of foreign public assemblies referred to in Articles 5 and 6 of the Convention, except for individuals of member States of the European Union.
Article 37
Pursuant to Article 37, paragraph 1, of the Convention, Italy declares that it reserves the right not to establish as a criminal offence, under its domestic law, the conduct referred to in Articles 7 and 8 of the Convention, except when committed in the course of activity of a company in view to act, or refrain from acting, in breach of their duties and causing harm to society.
Article 37
Pursuant to Article 37, paragraph 1, of the Convention, Italy declares that it reserves the right not to establish as a criminal offence the conduct referred to in Article 4 of the Convention, when involving members of a parliamentary assembly of an international organisation of which Italy is a member.
Article 37
Pursuant to Article 37, paragraph 1, of the Convention, Italy declares that it reserves the right not to establish as a criminal offence the conduct of trading in influence defined in Article 12 of the Convention, in view to exert an improper influence, as defined in the foresaid article, over the decision-making of any person referred to in Articles 5, 6 and 9 to 11 of the Convention.
Article 37
Pursuant to Article 37, paragraph 1, of the Convention, Italy declares that it reserves the right not to establish as a criminal offence, under its domestic law, the conduct referred to in Article 12 of the Convention, except when committed in the context of an existing relationship between the influence peddler and the persons referred to in Articles 2 and 4 of the Convention and to remunerate the performance of a conduct contrary to the duties service or the failure or delay of an act of service.
Article 17
Italy declares that it will apply without restriction the rules of jurisdiction defined in Article 17, paragraphs 1 b and c of the Convention, under the conditions currently provided for in Articles 9 and 10 of the Italian Penal Code.
Article 29
Pursuant to Article 29 of the Convention, Italy declares that the designated central authority is the Minister of Justice of the Italian Republic.
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Renewal of a reservation contained in a Note verbale from the Permanent Representation
of Italy, dated 11 August 2022, registered at the Secretariat
General on 7 September 2022
In accordance with Article 38, paragraph 2, of the Convention, Italy declares that the reservation made
pursuant to Article 37 of the Convention, scheduled to expire on 1 October 2022, is renewed, as it
stands, for three more years.
_____
Note by the Secretariat: The reservation reads as follows:
"Pursuant to Article 37, paragraph 1, of the Convention, Italy declares that it reserves the right not to
establish as a criminal offence, in accordance its domestic law, the acts of passive bribery of foreign
public officials and of members of foreign public assemblies referred to in Articles 5 and 6 of the
Convention, except for: individuals of member States of the European Union; violations committed, albeit
only partially, in Italy, within the meaning of Article 6 of the Criminal Code; offences committed by public
officials at the service of the Italian State, abusing their authority or violating the duties inherent in their
functions (Article 7 of the Criminal Code).???ITÄVALTA
Sitoutumispäivä: 25.09.2013 RVoimaantulopäivä: 01.01.2014Varauma:Article 29
Pursuant to Article 29, paragraph 1, of the Convention, Austria designated the Austrian Federal Ministry of Justice as the central authority.
Federal Ministry of Justice
Museumstra??e 7
1070 Wien
Austria
Tel.: +43 (0)1 52 1 52-0
Email : post@bmj.gv.atKREIKKA
Sitoutumispäivä: 10.07.2007 RVoimaantulopäivä: 01.11.2007Varauma:Articles 26, 37
Pursuant to Article 37, paragraph 3, of the Convention, the Hellenic Republic is not bound by Article 26, paragraph 1, of the Convention and may refuse judicial assistance if the request of the contracting State concerns an offence, which is considered as a political one.
The Hellenic authorities consider that the two sentences which form the reservation of Greece to the Convention can only be read jointly in order to avoid any doubt with regard to the fact that the only case where the Hellenic Republic may refuse judicial assistance within Article 26, paragraph 1, of the said Convention, is when the offence concerned is qualified as a "political offence".
Article 29
In accordance with Article 29 of the Convention, the central authority for Greece is the:
Ministry of Justice
Direction d'Entraide Judiciaire Internationale et d'Accord de Gr?ce
Service d'Affaires P?nales Sp?ciales et d'Entraide Judiciaire Internationale en mati?re p?nale
96 Avenue Mesogeion
11527 Ath?nes
Greece
Tel. 030.210.77.67.310
Fax: 0030.210.77.67.478
Email: xpappa@justice.gov.grKROATIA
Sitoutumispäivä: 08.11.2000 HVoimaantulopäivä: 01.07.2002Varauma:In accordance with Article 29 of the Convention, the central authority of the Republic of Croatia is the :
Ministry of Justice, Administration and Local Self-Government
of the Republic of Croatia
Directorate for International Co-operation,
International Judicial Cooperation and Human Rights
Ulica Republike Austrije 14
10 000 Zagreb
Croatia
Liaison Officer :
Ms Lidija Lukina KARAJKOVIC, Deputy Minister
Tel.: 00.385.1.37.10.670
Fax : 00.385.1.37.10.672KYPROS
Sitoutumispäivä: 17.01.2001 RVoimaantulopäivä: 01.07.2002Varauma:In accordance with Article 37, paragraph 3, of the Convention, the Republic of Cyprus reserves its right to refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence, which the requested Party considers a political offence.
The central authority designated by Cyprus in pursuance of Article 29 of the Convention is the Ministry of Justice and Public Order, 125, Athalassas Ave, 1461 Nicosia, CYPRUS - Tel. +357.22-805911 ; Fax +357.22-518349.
Renewal of a reservation contained in a letter from the Permanent Representative of Cyprus, dated 20 October 2016, registered at the Secretariat General on 21 October 2016
In accordance with Article 38, paragraph 2, of the Convention, the Government of Cyprus declares that it upholds wholly its reservation made in accordance with Article 37, paragraph 3, of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention.
_____
Note by the Secretariat: The reservation reads as follows:
"In accordance with Article 37, paragraph 3, of the Convention, the Republic of Cyprus reserves its right to refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence, which the requested Party considers a political offence."
**********************
CYPRUS
Renewal of reservation contained in a letter from the Permanent Representative of Cyprus to the Council of Europe, dated 13 January 2020, registered at the Secretariat General on 14 January 2020 ??? Or. Engl.
In accordance with Article 38, paragraph 2, of the Convention, the Government of the Republic of Cyprus declares that it upholds wholly its reservation to Article 26, paragraph 1, of the Convention made in accordance with Article 37, paragraph 1, of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention.
_____
Note by the Secretariat: The reservation reads as follows:
???In accordance with Article 37, paragraph 3, of the Convention, the Republic of Cyprus reserves its right to refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence, which the requested Party considers a political offence???LATVIA
Sitoutumispäivä: 09.02.2001 RVoimaantulopäivä: 01.07.2002Varauma:For the purposes of the Convention, the Republic of Latvia declares that the term "national" relates to the citizens of the Republic of Latvia and to the non-citizens who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens of Latvia or any other State.
In accordance with Article 37, paragraph 3, of the Convention, the Republic of Latvia declares that it may refuse mutual legal assistance under paragraph 1 of Article 26 of the Convention, if the request concerns an offence which the Republic of Latvia considers a political offence.
In accordance with Article 29, paragraph 2, of the Convention, the Republic of Latvia declares that the authorities designated in pursuance of Article 29, paragraph 1, are:
1) Ministry of the Interior - during pre-trial investigation until prosecution.
Raina blvd. 6, Riga, LV-1050, Latvia
Phone: +371.721.9263 ; Fax: +371.227.1005
E-mail: kanceleja@iem.gov.lv
2) Prosecutor General?s Office - during pre-trial investigation until submitting the case to the court.
O. Kalpaka blvd. 6, Riga, LV-1801, Latvia
Phone: +371.704.4400 ; Fax: +371.704.4449
E-mail: gen@lrp.gov.lv
3) Ministry of Justice - during the trial.
Brivibas blvd. 36, Riga, LV-1536, Latvia
Phone: +371.708.8220, 728.0437
Fax: +371.721.0823, 728.5575
E-mail: justice@latnet.lvLIECHTENSTEIN
Sitoutumispäivä: 09.12.2016 RVoimaantulopäivä: 01.04.2017LIETTUA
Sitoutumispäivä: 08.03.2002 RVoimaantulopäivä: 01.07.2002Varauma:The Republic of Lithuania designates the Ministry of Justice of Lithuania and the Prosecutor?s General Office under the Supreme Court of the Republic of Lithuania as the central authorities which shall be responsible for the implementation of the provisions of Article 29 of the Convention.
LUXEMBURG
Sitoutumispäivä: 13.07.2005 RVoimaantulopäivä: 01.11.2005Varauma:In accordance with Article 17, paragraph 2 of the Criminal Law Convention on Corruption, the Government of the Grand Duchy of Luxembourg declares that, except in cases covered by paragraph 1, subparagraph a of Article 17of this Convention, it will apply the jurisdiction rules laid down in Article 17, paragraph 1, subparagraphs b and c, only if the offender has the Luxembourgish nationality.
The Government of the Grand Duchy of Luxembourg declares that the State Prosecutor General is designated to exercise in the Grand Duchy of Luxembourg the function of central authority in the meaning of Article 29 of the Criminal Law Convention on Corruption, without prejudice to the jurisdiction conferred by Law to other authorities. Where necessary, the State Prosecutor General will ensure the transmission of the request to the competent authority.MAKEDONIA
Sitoutumispäivä: 28.07.1999 RVoimaantulopäivä: 01.07.2002MALTA
Sitoutumispäivä: 15.05.2003 RVoimaantulopäivä: 01.09.2003Varauma:Declarations
In accordance with Article 29, paragraph 2, of the Convention, Malta declares that the central authorities are:
For requests concerning extradition:
The Ministry for Justice and Home Affairs
"Casa Leoni"
St Joseph High Road
St Venera CMR 02
Malta
For requests other than those concerning extradition:
The Attorney General
The Palace
Valletta CMR 02
Malta
In accordance with Article 30, paragraph 6, of the Convention, Malta declares that, for reasons of efficiency, requests under Chapter IV are to be addressed to the relevant central authority as aforesaid.MOLDOVA
Sitoutumispäivä: 14.01.2004 RVoimaantulopäivä: 01.05.2004Varauma:The provisions of the Convention will not be applicable on the territory effectively controlled by the institutions of the self-proclaimed transnistrian republic until the durable settlement of the conflict from this region.
According to Article 29, paragraph 1, of the Convention, the following central authorities of the Republic of Moldova have been designated as the authorities competent for its implementation :
a) the Prosecutor General Office - for mutual assistance requests formulated within the criminal proceedings stage, including the requests for extradition;
b) the Ministry of Justice - for mutual assistance requests formulated within the judicial stage and that of the execution of the sentences, including the requests for extradition.MONACO
Sitoutumispäivä: 19.03.2007 RVoimaantulopäivä: 01.07.2007Varauma:In accordance with the provisions of Article 37, paragraph 1, of the Convention, the Principality of Monaco reserves its right not to establish as a criminal offence the passive bribery of foreign public officials and of members of foreign public assemblies referred to in Articles 5 and 6 of the Convention.
Period covered: 1/7/2007 -
The preceding statement concerns Article(s) : 37, 5, 6
Reservation contained in the instrument of ratification deposited on 19 March 2007 - Or. Fr.
In accordance with the provisions of Article 37, paragraph 1, of the Convention, the Principality of Monaco reserves its right not to establish as a criminal offence, in whole or in part, the conduct of trading in influence referred to in Article 12 of the Convention.
Period covered: 1/7/2007 -
The preceding statement concerns Article(s) : 12, 37
Reservation contained in the instrument of ratification deposited on 19 March 2007 - Or. Fr.
In accordance with the provisions of Article 17, paragraph 2, of the Convention, the Principality of Monaco reserves its right not to establish its jurisdiction when the offender is one of its nationals or one of its public officials and when the offences are not punished by the Law of the territory on which they have been committed. When the offence implies one of its public officials or a member of its public or national assemblies ou any other person referred to in Articles 9 to 11 who is at the same time one of its nationals, the rules of jurisdiction set in paragraphs 1b and c of Article 17 apply without prejudice of the provisions of Articles 5 to 10 of Monaco's Code of Criminal Procedure concerning the exercice of public action for crimes and offences committed outside of the Principality.
Period covered: 1/7/2007 -
The preceding statement concerns Article(s) : 17
Declaration contained in the instrument of ratification deposited on 19 March 2007 - Or. Fr.
According to the provisions of Article 29, paragraph 1, of the Convention, the Principality of Monaco declares that the central authority is the "Direction des Services Judiciaires, Palais de Justice, BP 5132, 98015 Monaco Cedex, T??l. =377.93.15.81.28, Fax: +377.93.15.15.85.89."
The specialised authority is the "Service d'Information et de Contr??le des Circuits Financiers (SICCFIN)".
Period covered: 1/7/2007 -
Renewal of a reservation contained in a letter from the Permanent Representative of Monaco, dated 29 March 2016, registered at the Secretariat General on 31 March 2016
Pursuant to Article 38, paragraph 2, of the Convention, the Government of Monaco declares maintaining the reservation made in accordance with Article 17, paragraph 2, in its entirety and for a period of three years.
Note by the Secretariat: The reservation reads as follows:
" In accordance with the provisions of Article 17, paragraph 2, of the Convention, the Principality of Monaco reserves its right not to establish its jurisdiction when the offender is one of its nationals or one of its public officials and when the offences are not punished by the law of the territory on which they have been committed. When the offence implies one of its public officials or a member of its public or national assemblies or any other person referred to in Articles 9 to 11 who is at the same time one of its nationals, the rules of jurisdiction set in paragraphs 1b and c of Article 17 apply without prejudice of the provisions of Articles 5 to 10 of Monaco's Code of Criminal Procedure concerning the exercise of public action for crimes and offences committed outside of the Principality."
*****************
Partial withdrawal of a reservation contained in a letter from the Permanent Representative of
Monaco, dated 29 March 2022, registered at the Secretariat
General on 31 March 2022
The Prince's Government of Monaco wishes to proceed with the partial withdrawal of the reservation
formulated in application of the provisions of Article 37, paragraph 2, and Article 17, paragraph 2, of the
Convention, taking into account the legislative amendments made to comply with GRECO's
recommendation on the matter, but which do not make it possible to envisage a total withdrawal of the
reservation.
Thus, said reservation must now be read as follows:
???In accordance with the provisions of Article 17, paragraph 2, the Principality of Monaco reserves the
right not to establish its jurisdiction over a criminal offence referred to in Article 14, when the offender is
one of its nationals and when the offences are not punished by the law of the territory where they had
been committed. When the offense referred to in Articles 13 or 14 involves one of its public officials or a
member of its public or national assemblies or any other person referred to in Articles 9 to 11 who is at
the same time one of its nationals, the rules of jurisdiction set in paragraphs 1.b and c of Article 17 apply
without prejudice of the provisions of Articles 5 to 10 of Monaco???s Code of Criminal Procedure concerning
the exercise of public action for crimes and offences committed outside of the Principality.???MONTENEGRO
Sitoutumispäivä: 18.12.2002 LVoimaantulopäivä: 06.06.2006Varauma:In accordance with Article 29 of the Convention, the following institutions have been designated as central authorities of Serbia and Montenegro responsible for sending and answering requests made under Chapter IV of the Convention, the execution of such requests or transmission of them to the authorities competent for the execution :
Ministry of Justice of the Republic of Serbia
Nemanjina 22-26
11 000 Belgrade
Ministry of Internal Affairs of the Republic of Serbia
Department against Organised Crime
Finance Intelligence Unit
Section for the Suppression of Corruption
Kneza Milosa 101
11 000 Belgrade
Agency for Anti-corruption Initiative of the Republic of Montenegro
Trg Vektra bb 81 000 Podgorica
Besides the above-mentioned institutions, the central authority in Serbia and Montenegro in the sense of Article 26 of the Convention is also :
Ministry for Human and Minority Rights of Serbia and Montenegro
Bulevar Mihaila Pupina 2
11 070 New Belgrade
The afore-mentioned Ministry for Human and Minority Rights of Serbia and Montenegro is the only central authority in Serbia and Montenegro responsible for requests made with respect to the matter of extradition, dealt with in Article 27 of the Convention.NORJA
Sitoutumispäivä: 02.03.2004 RVoimaantulopäivä: 01.07.2004Varauma:In accordance with Article 29 of the Convention, the Kingdom of Norway declares that the designated authorities are:
1. the central authority concerning mutual assistance, Ref. Article 26:
Investigation and Prosecution of Economic and Environmental Crime (?kokrim)
P.O. Box 8193 Dep.
0034 Oslo - NORWAY
2. the central authority concerning Extradition, Ref. Article 27:
The Ministry of Justice and the Police
P.O. Box 8005 Dep.
0030 Oslo - NORWAYPORTUGALI
Sitoutumispäivä: 07.05.2002 RVoimaantulopäivä: 01.09.2002Varauma:In accordance with Article 29 of the Convention, the Republic of Portugal designates the following central authority:
PROCURADORIA GERAL DA REPUBLICA
Rua da Escola Polit?cnica, n? 140
1269 - 269 LISBOA
In accordance with Article 17, paragraph 2, of the Convention, the Republic of Portugal declares that where the offender is one of its citizens, but not an official or not performing a political function within the State of Portugal, it shall apply the jurisdiction rule laid down in paragraph 1b of Article 17 of the Convention only if:
. the offender is present on its territory;
. the offences committed are also punished by the Law of the territory on which they have been committed, except if the power of punishment is not exerted in this territory;
. these offences are offences allowing extradition and extradition can not be granted.
In accordance with Article 37, paragraph 1, of the Convention, the Republic of Portugal reserves its right not to establish as a criminal offence the passive bribery offences under Article 5 and 6, except where the offenders are public officials of other member States of the European Union or perform therein a political funtion and provided that the offence has been committed in whole or in part in the territory of Portugal.
In accordance with Article 37, paragraph 1, of the Convention, the Republic of Portugal declares that it considers as criminal offences the conduct referred to in Articles 7 and 8 of the Convention only if the corruption in the private sector results in a distortion of competition or an economic loss for third persons.
In accordance with Article 37, paragraph 3, of the Convention, the Republic of Portugal declares that it may refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence that the Republic of Portugal considers a political offence.PUOLA
Sitoutumispäivä: 11.12.2002 RVoimaantulopäivä: 01.04.2003Varauma:In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its right to apply Article 7 only in such case when the benefit or its promise is received by a person who has a leading position within an entity pursuing economic activity or by a person who, due to his/her position or function, has an actual influence on taking decisions connected with activity of such an entity, in exchange for acting or abandonment, which can cause damage to its property, or for inadmissible preferential act, or actions being unfair competition act.
In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its rights to apply Article 8 only in such case when the benefit or its promise is given to a person who has a leading position within an entity pursuing economic activity or by a person who, due to his/her position or function, has an actual influence on taking decisions connected with activity of such an entity, in exchange for acting or abandonment, which can cause damage to its property, or for inadmissible preferential act, or actions being unfair competition act.
In accordance with Article 29, paragraph 2, of the Convention, the Republic of Poland declares that the Central Authority for the requests concerning criminal proceedings is the Ministry of Justice, Al. Ujazdowskie 11, 00-950 Warszawa.
The Central Authority for the requests concerning other proceedings than criminal, conducted against legal persons in order to establish their responsibility or to impose a sanction on the legal person for the bribery of a person performing public function is the Office for Protection of Competition and Consumers (Urzad Ochrony Konkurencji i Konsument?w), pl. Powstanc?w Warszawy 1, 00-950 Warszawa.RANSKA
Sitoutumispäivä: 25.04.2008 RVoimaantulopäivä: 01.08.2008Varauma:Articles 12, 37, 5, 6
In accordance with Article 37, paragraph 1, of the Convention, the French Republic reserves the right not to establish as a criminal offence the conduct of trading in influence defined in Article 12 of the Convention, in order to exert an influence, as defined by the said Article, over the decision-making of a foreign public official or a member of a foreign public assembly, referred to in Articles 5 and 6 of the Convention.
Articles 17, 37
In accordance with Articles 17, paragraph 2, and 37, paragraph 2, of the Convention, the French Republic declares that it reserves the right to establish its juridiction as regardsArticle 17, paragraph 1.b, of the Convention, only when the offender is one of its nationals and the offences are punishable under the legislation of the country where they have been committed, and that it reserves the right not to establish its jurisdiction regarding the situations referred to in Article 17, paragraph 1.c, of the Convention.
"In accordance with Article 37, paragraph 1, of the Convention, the French Republic reserves the right not to establish as a criminal offence the conduct of trading in influence defined in Article 12 of
the Convention, in order to exert an influence, as defined by the said Article, over the decisionmaking of a foreign public official or a member of a foreign public assembly, referred to in Articles 5
and 6 of the Convention."
"In accordance with Articles 17, paragraph 2, and 37, paragraph 2, of the Convention, the French Republic declares that it reserves the right to establish its jurisdiction as regards Article 17,
paragraph 1.b, of the Convention, only when the offender is one of its nationals and the offences are punishable under the legislation of the country where they have been committed, and that it reserves the right not to establish its jurisdiction regarding the situations referred to in Article 17, paragraph 1.c, of the Convention."
FRANCE
Renewal of a reservation contained in a Note verbale from the Permanent Representation
of France, dated 11 January 2021, registered at the Secretariat
General on 12 January 2021
In accordance with Article 38, paragraph 2, of the Convention, the Government of the French Republic
declares that it upholds wholly its reservation concerning Article 17, paragraphs 1.b and c, of the
Convention made in accordance with Article 37, paragraph 1, of the Convention, for the period of three
years set out in Article 38, paragraph 1, of the Convention.
_____
Note by the Secretariat: The reservation reads as follows:
???In accordance with Articles 17, paragraph 2, and 37, paragraph 2, of the Convention, the French
Republic declares that it reserves the right to establish its jurisdiction as regards Article 17,
paragraph 1.b, of the Convention, only when the offender is one of its nationals and the offences are
punishable under the legislation of the country where they have been committed, and that it reserves
the right not to establish its jurisdiction regarding the situations referred to in Article 17, paragraph 1.c,
of the Convention.ROMANIA
Sitoutumispäivä: 11.07.2002 RVoimaantulopäivä: 01.11.2002Varauma:In accordance with Article 29 of the Convention, Romania designates the following authorities:
a) the Prosecutor?s Office attached to the Supreme Court of Justice, for the requests of judicial assistance formulated in pre-trial investigation
Boulevard Libertatii nr. 14, sector 5 Bucharest
Tel.: 410 54 35 - fax: 337 47 54
b) the Ministry of Justice, for the requests of judicial assistance formulated during the trial or execution of punishment, as well as for the requests of extradition
str. Apollodor nr. 17, sector 5 Bucharest
Tel.: 314 15 14 - fax: 310 16 62RUOTSI
Sitoutumispäivä: 25.06.2004 RVoimaantulopäivä: 01.10.2004Varauma:Sweden makes the explanatory statement that, in Sweden's view, a ratification of the Convention does not mean that its membership of the Group of States against Corruption (GRECO) cannot be reviewed if reasons to do so arise in the future.
Sweden makes a reservation against the undertaking to introduce criminal provisions for trading in influence (Article 12 of the Convention).
Sweden reserves the right not to exercise jurisdiction solely on the grounds that a crime under the Convention involves a Swedish citizen who is an official of an international organisation or court, a member of a parliamentary assembly of an international or supranational organisation or a judge at an international court (Article 17.1 c of the Convention).
Sweden also reserves the right to maintain a requirement of dual criminality for Swedish juridiction for acts committed abroad.
As central authority Sweden designates the Government Offices of Sweden (the Swedish Ministry of Justice).
Renewal of reservations contained in a letter from the Minister of Foreign Affairs of Sweden, dated 14 June 2016, registered at the Secretariat General on 21 June 2016
In accordance with Article 38, paragraph 2, of the Convention, the Swedish Government declares that it upholds wholly its reservations to Articles 12 and 17 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention.
In addition, the Swedish Government would like to stress that the explanatory statement contained in the instrument of ratification deposited on 25 June 2004 is also maintained.
_____
Note by the Secretariat: The reservations and explanatory statement read as follows:
"Sweden makes a reservation against the undertaking to introduce criminal provisions for trading in influence (Article 12 of the Convention).
Sweden reserves the right not to exercise jurisdiction solely on the grounds that a crime under the Convention involves a Swedish citizen who is an official of an international organisation or court, a member of a parliamentary assembly of an international or supranational organisation or a judge at an international court (Article 17.1 c of the Convention). Sweden also reserves the right to maintain a requirement of dual criminality for Swedish jurisdiction for acts committed abroad.
Sweden makes the explanatory statement that, in Sweden's view, a ratification of the Convention does not mean that its membership of the Group of States against Corruption (GRECO) cannot be reviewed if reasons to do so arise in the future."
Renewal of reservations contained in a letter from the Minister of Foreign Affairs of Sweden, dated 14 June 2016, registered at the Secretariat General on 21 June 2016
In accordance with Article 38, paragraph 2, of the Convention, the Swedish Government declares that it upholds wholly its reservations to Articles 12 and 17 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention.
In addition, the Swedish Government would like to stress that the explanatory statement contained in the instrument of ratification deposited on 25 June 2004 is also maintained.
*********************
Renewal of reservations contained in a letter from the Minister of Foreign Affairs of
Sweden, dated 14 June 2022, registered at the Secretariat
General on 5 July 2022
In accordance with Article 38, paragraph 2, of the Convention, the Swedish Government declares that
it upholds wholly its reservations to Articles 12 and 17 of the Convention, for the period of three years
set out in Article 38, paragraph 1, of the Convention.
_____
Note by the Secretariat: The reservations read as follows:
"Sweden makes a reservation against the undertaking to introduce criminal provisions for trading in
influence (Article 12 of the Convention).
Sweden reserves the right not to exercise jurisdiction solely on the grounds that a crime under the
Convention involves a Swedish citizen who is an official of an international organisation or court, a
member of a parliamentary assembly of an international or supranational organisation or a judge at an
international court (Article 17.1 c of the Convention). Sweden also reserves the right to maintain a
requirement of dual criminality for Swedish jurisdiction for acts committed abroad.SAKSA
Sitoutumispäivä: 10.05.2017 RVoimaantulopäivä: 01.09.2017Varauma:Renewal of a declaration and of reservations contained in a Note verbale from the
Permanent Representative of Germany, dated 28 May 2020, registered at the
Secretariat General on 28 May 2020
In accordance with Article 38, paragraph 2, of the Convention, the Government of the Federal
Republic of Germany declares that it upholds wholly its declaration to the Convention made in
accordance with Article 36 of the Convention and its reservations to the Convention made in
accordance with Article 37, paragraph 1, of the Convention, for the period of three years set out
in Article 38, paragraph 1, of the Convention.
_____
Note by the Secretariat: The declaration and the reservations read as follows:
"In accordance with Article 36 of the Convention, the Federal Republic of Germany declares
that it will establish as criminal offences under German law the active and passive bribery of
foreign officials under Article 5, of officials of international organisations under Article 9 and
of judges and officials of international courts under Article 11, only to the extent that the public
official or judge acts or refrains from acting in breach of his duties.
In accordance with Article 37, paragraph 1, of the Convention, the Federal Republic of
Germany reserves the right not to establish as a criminal offence under its domestic law the
conduct referred to in Article 12 of the Convention.
In accordance with Article 37, paragraph 3, of the Convention, the Federal Republic of
Germany reserves the right to refuse mutual legal assistance under Article 26, paragraph 1,
of the Convention if the request concerns an offence which it considers a political offence.???SAN MARINO
Sitoutumispäivä: 30.08.2016 RVoimaantulopäivä: 01.12.2016SERBIA
Sitoutumispäivä: 18.12.2002 LVoimaantulopäivä: 01.04.2003Varauma:In accordance with Article 29 of the Convention, the following institutions have been designated as central authorities of Serbia responsible for sending and answering requests made under Chapter IV of the Convention, the execution of such requests or transmission of them to the authorities competent for the execution :
Ministry of Justice of the Republic of Serbia
Nemanjina 22-26
11 000 Belgrade
Ministry of Internal Affairs of the Republic of Serbia
Department against Organised Crime
Finance Intelligence Unit
Section for the Suppression of Corruption
Kneza Milosa 101
11 000 Belgrade
The aforementioned Ministry of Justice is the only central authority in Serbia responsible for requests made with respect to the matter of extradition, dealt with in Article 27 of the Convention.SLOVAKIA
Sitoutumispäivä: 09.06.2000 RVoimaantulopäivä: 01.07.2002Varauma:In accordance with Article 29 of the Convention, the Slovak Republic declares that for the purposes of the Convention, the following authorities shall be henceforth considers as responsible central authorities.
with respect to Article 26 :
For sending and answering requests on mutual assistance if the proceedings have reached the trial : the Ministry of Justice of the Slovak Republic (address: Ministerstvo spravodlivosti Slovenskej republiky, Zupn?? n??mestie 13, 813 11 Bratislava).
For sending and answering requests on mutual assistance if the proceedings does not have reached the trial : the General Prosecutor's Office of the Slovak Republic (address : Gener??lna prokurat??ra Slovenskej republiky, Zupn?? n??mestie 13, 812 85 Bratislava).
with respect to Article 27 :
For receiving requests of extradition : the General Prosecutor's Office of the Slovak Republic (address : Gener??lna prokurat??ra Slovenskej republiky, Zupn?? n??mestie 13, 812 85 Bratislava).
For sending requests for extradition : the Ministry of Justice of the Slovak Republic (address: Ministerstvo spravodlivosti Slovenskej republiky, Zupn?? n??mestie 13, 813 11 Bratislava).
10.9.2020 Updating of contact information:
Ministry of Justice of the Slovak Republic
Ra??ianska 71
81311 Bratislava
SlovakiaSLOVENIA
Sitoutumispäivä: 12.05.2000 RVoimaantulopäivä: 01.07.2002Varauma:In accordance with Article 29 of the Convention, the Republic of Slovenia designates as central authority :
the Ministry of Justice
Department for International Legal Assistance
Zupanciceva 3
1000 Ljubljana
SLOVENIASUOMI
Sitoutumispäivä: -Voimaantulopäivä: -Varauma:The Government of the Republic of Finland makes the following reservations:
Finland shall only establish as a criminal offence under its domestic law the conduct referred to in Article 12 to the extent it is considered a punishable corruption offence or punishable participation in such an offence, or other criminal offence.
Finland reserves itself the right to apply, in respect of its own nationals, the jurisdiction rule laid down in paragraph 1 (b) subject to the requirement of dual punishability set forth in Chapter I, section 11 of the Finnish penal Code in cases of active or passive bribery in the private sector referred to in Articles 7 and 8, provided that the criminal offence does not seriously interfere with or jeopardise the governmental, military or economic interests or benefits of Finland.
The Government of Finland declares that the central authority designated pursuant to Article 29 is the Ministry of Justice, PO Box No. 25, 00023 Valtioneuvosto,
*************************'
FINLAND
Renewal of a reservation contained in a Note verbale from the Permanent Representation
of Finland, dated 8 October 2020, registered at the Secretariat
General on 8 October 2020
In accordance with Article 38, paragraph 2, of the Convention, the Government of Finland declares that
it upholds wholly its reservation concerning Article 12 of the Convention made in accordance with
Article 37, paragraph 1, of the Convention, for the period of three years set out in Article 38, paragraph 1,
of the Convention.
_____
Note by the Secretariat: The reservation reads as follows:
???Finland shall only establish as a criminal offence under its domestic law the conduct referred to in
Article 12 to the extent it is considered a punishable corruption offence or punishable participation in
such an offence, or other criminal offence.???SVEITSI
Sitoutumispäivä: 31.03.2006 RVoimaantulopäivä: 01.07.2006Varauma:Switzerland declares that it will punish the active and passive bribery in the meaning of Articles 5, 9 and 11 only if the conduct of the bribed person consists in performing or refraining from performing an act contrary to his/her duties or depending on his/her power of estimation.
Switzerland reserves its right to apply Article 12 of the Convention only if the conduct referred to constitutes an offence under the Swiss legislation.
Switzerland reserves its right to apply Article 17, paragraph 1, subparagraphs b and c, only if the conduct is also punishable where it has been committed and insofar as the author is in Switzerland and will not be extradited to a foreign State.
The central authority designated by Switzerland pursuant to Article 29 is the "Office f??d??ral de la justice, CH-3003 Berne".
**********
Renewal of reservations and of a declaration contained in a letter from the Permanent
Representative of Switzerland, dated 1 March
2021, registered at the Secretariat General on
4 March 2021
In accordance with Article 38, paragraph 2, of the Convention, Switzerland declares that it upholds wholly
its reservations and declaration made in accordance with Articles 36 and 37 of the Convention, for the
period of three years set out in Article 38, paragraph 1, of the Convention.TANSKA
Sitoutumispäivä: 02.08.2000 RVoimaantulopäivä: 01.07.2002Varauma:With regard to Article 37, paragraph 1, of the Convention, Denmark reserves the right not to establish as a criminal offence under Danish law, in part or in whole, the conduct referred to in Article 12.
With regard to Article 37, paragraph 2, of the Convention, Denmark reserves the right to apply Article 17, paragraph 1b, in cases where the offender is one of its nationals, only if the offence is also a criminal offence according to the law of the Party where the offence was committed (dual criminality).
With regard to Article 37, paragraph 3, of the Convention, Denmark reserves the right to refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence which according to Danish law is considered a political offence.
In accordance with Article 29, paragraph 2, of the Convention, the Government of Denmark has designated the Ministry of Justice, Slotsholmsgade 10, DK-1216 Copenhagen K, Denmark, as competent authority.
In pursuance to Article 34 and until notification to the contrary, the Convention shall not apply to the Faroe Islands and Greenland.
********************
DENMARK
Renewal of reservations contained in a letter from the Permanent Representative of
Denmark, dated 30 April 2020, registered at the Secretariat
General on 30 April 2020
In accordance with Article 38, paragraph 2, of the Convention, the Government of Denmark
declares that it upholds wholly its reservations to the Convention made in accordance with
Article 37, paragraph 1, of the Convention, for the period of three years set out in Article 38,
paragraph 1, of the Convention.
_____
Note by the Secretariat: The reservations read as follows:
"With regard to Article 37, paragraph 1, of the Convention, Denmark reserves the right not to
establish as a criminal offence under Danish law, in part or in whole, the conduct referred to
in Article 12.
With regard to Article 37, paragraph 2, of the Convention, Denmark reserves the right to apply
Article 17, paragraph 1b, in cases where the offender is one of its nationals, only if the offence
is also a criminal offence according to the law of the Party where the offence was committed
(dual criminality).
With regard to Article 37, paragraph 3, of the Convention, Denmark reserves the right to
refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an
offence which according to Danish law is considered a political offence."
Alueellinen soveltaminen: Ei sovelleta F??rsaariin eik?? Gr??nlantiin.
Renewal of reservations contained in a letter from the Ministry of Justice of Denmark, dated 7 February 2017, transmitted by the Permanent Representation of
Denmark and registered at the Secretariat General on 8 March 2017 ??? Or. Engl. In accordance with Article 38, paragraph 2, of the Convention, Denmark declares that it upholds wholly the
reservations made in accordance with Article 37, paragraphs 1, 2 and 3, of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention.TSHEKKI
Sitoutumispäivä: 08.09.2000 RVoimaantulopäivä: 01.07.2002Varauma:With the reservation provided for under Article 37, paragraph 1, of the Criminal Law Convention on Corruption, the Czech Republic declares that it shall establish the conduct referred to in Articles 7 and 8 of the Convention as a criminal offence under its domestic law only if it comes under any of the definitions of criminal offences laid down in the Criminal Code of the Czech Republic.
In accordance with Article 29 of the Convention, the Czech Republic notifies that for the purposes of the Convention, the following authorities shall be henceforth considered as central authorities: Prosecutor General?s office of the Czech Republic before the case is brought before court and the Ministry of Justice of the Czech Republic after it has been brought before court.
In accordance with Article 30, paragraph 2, of the Convention, the Czech Republic notifies that for the purposes of the Convention, the following authorities shall be henceforth considered as judicial authorities:
Supreme Prosecutor?s Office of the Czech Republic, High Prosecutor?s Office in Prague, High Prosecutor?s Office in Olomouc, regional and district prosecutors?? offices, Municipal Prosecutor?s Office in Brno, Municipal Prosecutor?s Office in Prague, District Prosecutor?s Offices in Prague, Ministry of Justice of the Czech Republic, Supreme Court of the Czech Republic, High Court in Prague, High Court in Olomouc, regional and district courts, Municipal Court in Brno, Municipal Court in Prague and district courts in Prague.TURKKI
Sitoutumispäivä: 29.03.2004 RVoimaantulopäivä: 01.07.2004UKRAINA
Sitoutumispäivä: 27.11.2009 RVoimaantulopäivä: 01.03.2010Varauma:Article 29
Ukraine declares that the central authorities which are authorised pursuant to Article 29, paragraph 1, of the Convention, shall be the Ministry of Justice of Ukraine (concerning requests of courts) and the General Prosecutor's Office of Ukraine (concerning requests of pre-trial investigations authorities).UNKARI
Sitoutumispäivä: 22.11.2000 RVoimaantulopäivä: 01.07.2002Varauma:In accordance with Article 29, paragraph 2, of the Convention, the Republic of Hungary designates the Ministry of Justice (1055 Budapest, Kossuth Lajos t??r 4.) and the State Prosecutor??s Office (1055 Budapest, Mark?? u. 16) as central authorities.
In accordance with Article 30, paragraph 6, of the Convention, the Republic of Hungary informs that, for reasons of efficiency, requests made under Chapter IV are to be addressed to one of these authorities.
In accordance with Article 37, paragraph 1, of the Convention, Hungary reserves the right not to establish as criminal offences the conduct referred to in Article 8 and committed by foreign citizens in the course of business activities abroad.VALKO-VENÄJÄ
Sitoutumispäivä: 06.11.2007 RVoimaantulopäivä: 01.03.2008Varauma:According to the provisions of Article 29, paragraph 1, of the Convention, the General Prosecutor's Office of the Republic of Belarus is designated as a central authority for the purposes of Chapter IV of the Convention. The contact information are the following :
General Prosecutor's Office
of the Republic of Belarus
22, Internacionalnaya str.
220050 MINSK
Republic of Belarus
Tel.: (+375-17)227-31
Fax : (+375-17)226-42-52VENÄJÄ
Sitoutumispäivä: 04.10.2006 RVoimaantulopäivä: 01.02.2007Varauma:According to Article 29 of the Convention, the Russian Federation will shortly designate a central authority for the purposes of the Convention. The name and address of this central authority will be communicated as soon as it is designated.
VIRO
Sitoutumispäivä: 06.12.2001 RVoimaantulopäivä: 01.07.2002Varauma:In accordance with Article 29, paragraph 1, of the Convention, the Republic of Estonia has designated the Ministry of Justice as the central authority.