Verdrag inzake de strafrechtelijke bestrijding van corruptie
Partijen en gegevens
Geldend
Geldend vanaf 01-07-2002
- Redactionele toelichting
De partijen en gegevens zijn afkomstig van de Verdragenbank (verdragenbank.overheid.nl).
- Bronpublicatie:
27-01-1999, Trb. 2000, 130 (uitgifte: 30-10-2000, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-07-2002
- Bronpublicatie inwerkingtreding:
24-06-2002, Trb. 2002, 109 (uitgifte: 01-01-2002, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Bijzondere onderwerpen
Bronnen
Trb. 2000, 130
Trb. 2002, 109
Trb. 2006, 3
Trb. 2010, 322
Trb. 2011, 140
Trb. 2012, 94
Trb. 2014, 85
Trb. 2017, 26
Trb. 2021, 31
Trb. 2023, 59
Trb. 2024, 94
Partijen
Partij | Datum inwerkingtreding | Voorbehoud |
---|---|---|
Albanië | 01-07-2002 | |
Andorra | 01-09-2008 | |
Armenië | 01-05-2006 | |
Azerbeidzjan | 01-06-2004 | |
Belarus | 01-03-2008 | |
België | 01-07-2004 | |
Bosnië en Herzegovina | 01-07-2002 | |
Bulgarije | 01-07-2002 | |
Cyprus | 01-07-2002 | |
Denemarken | 01-07-2002 | |
Duitsland | 01-09-2017 | |
Estland | 01-07-2002 | |
Finland | 01-02-2003 | |
Frankrijk | 01-08-2008 | |
Georgië | 01-05-2008 | |
Griekenland | 01-11-2007 | |
Hongarije | 01-07-2002 | |
Ierland | 01-02-2004 | |
IJsland | 01-06-2004 | |
Italië | 01-10-2013 | |
Kroatië | 01-07-2002 | |
Letland | 01-07-2002 | |
Liechtenstein | 01-04-2017 | |
Litouwen | 01-07-2002 | |
Luxemburg | 01-11-2005 | |
Malta | 01-09-2003 | |
Moldavië | 01-05-2004 | |
Monaco | 01-07-2007 | |
Montenegro | 06-06-2006 | |
het Koninkrijk der Nederlanden (het Europese deel van Nederland) | 01-08-2002 | |
Noord-Macedonië | ||
Noorwegen | 01-07-2004 | |
Oekraïne | 01-03-2010 | |
Oostenrijk | 01-01-2014 | |
Polen | 01-04-2003 | |
Portugal | 01-09-2002 | |
Roemenië | 01-11-2002 | |
Russische Federatie | 01-02-2007 | |
San Marino | 01-12-2016 | |
Servië | 01-04-2003 | |
Slovenië | 01-07-2002 | |
Slowakije | 01-07-2002 | |
Spanje | 01-08-2010 | |
Tsjechië | 01-07-2002 | |
Turkije | 01-07-2004 | |
het Verenigd Koninkrijk | 01-04-2004 | |
Zweden | 01-10-2004 | |
Zwitserland | 01-07-2006 |
Voorbehouden, verklaringen en bezwaren
1 | Bekrachtiging door Bulgarije onder het volgende voorbehoud: In accordance with Article 37, paragraph 1, of the Convention, the Republic of Bulgaria reserves the right not to establish as criminal offence under its domestic law the conduct referred to in Articles 6, 10 and 12 as well as the passive bribery offences defined in Article 5. . Bulgarije heeft op 09-01-2004 de bij de ratificatie gemaakte voorbehouden ingetrokken. |
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2 | Bekrachtiging door Bulgarije onder de volgende verklaring: In accordance with Article 37, paragraph 1, of the Convention, the Republic of Bulgaria declares that it shall establish the conduct referred to in Articles 7 and 8 as 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 Republic of Bulgaria. |
3 | Bekrachtiging door Cyprus onder het volgende voorbehoud: 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. [Note by the Secretariat: By a letter from the Chargé d'affaires a.i. of Cyprus, dated 25 August 2004, registered to the Secretariat General on 26 August 2004 — Or. Engl. — the Government of Cyprus has informed the Secretary General of its intention to uphold this reservation for a period of 3 years (Article 38 of the Convention).] Cyprus heeft op 14-04-2008 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Cyprus has decided to uphold its reservation made in accordance with Article 37, paragraph 3, of the Convention for another period of three years. Cyprus heeft op 26-07-2010 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of the Republic 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. Cyprus heeft op 11-02-2014 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, Cyprus Government 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. Cyprus heeft op 21-10-2016 de volgende verklaring afgelegd: 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. This reservation has been renewed by Cyprus for successive periods of three years. The latest renewal took effect on 1 July 2020. |
4 | Bekrachtiging door Denemarken onder de volgende voorbehouden: 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. [01-04-2005 The Government of Denmark has informed the Secretary General of its intention to uphold this reservation, wholly, for a period of three years (Article 38 of the Convention)] 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). [01-04-2005 The Government of Denmark has informed the Secretary General of its intention to uphold this reservation, wholly, for a period of three years (Article 38 of the Convention)] 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. [01-04-2005 The Government of Denmark has informed the Secretary General of its intention to uphold this reservation, wholly, for a period of three years (Article 38 of the Convention)] Denemarken heeft op 01-04-2005 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Denmark declares that it intends to uphold, wholly, the reservations made in accordance with Article 37 of the Convention. Denemarken heeft op 01-04-2008 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, Denmark declares that it intends to uphold, wholly, the reservations made in accordance with Article 37 of the Convention. Denemarken heeft op 31-01-2011 de volgende verklaring afgelegd: 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. Denemarken heeft op 24-03-2014 de volgende verklaring afgelegd: 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. Denemarken heeft op 08-03-2017 de volgende verklaring afgelegd: 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. These reservations have been renewed by Denmark for successive periods of three years. The latest renewal took effect on 1 July 2023. |
5 | Bekrachtiging door Denemarken onder de volgende verklaring: 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. . |
6 | Bekrachtiging door Denemarken onder de volgende verklaring: In pursuance to Article 34 and until notification to the contrary, the Convention shall not apply to the Faroe Islands and Greenland. . |
7 | Bekrachtiging door Estland onder de volgende mededeling: In accordance with Article 29, paragraph 1, of the Convention, the Republic of Estonia has designated the Ministry of Justice as the central authority. . |
8 | Bekrachtiging door Estland onder de volgende verklaring: Pursuant to Article 37, paragraph 1, of the Convention, the Republic of Estonia does not establish as a criminal act the exertion of influence over decision-making referred to in Article 12. |
9 | Bekrachtiging door Hongarije onder de volgende mededelingen: In accordance with Article 29, paragraph 2, of the Convention, the Republic of Hungary designates the Ministry of Justice (1055 Budapest, Kossuth Lajos tér 4.) and the State Prosecutor's Office (1055 Budapest, Markó 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. |
10 | Ratificatie door Hongarije onder de volgende verklaring: In accordance with Article 37, paragraph 1, of the Convention, Hungary reserves the right not to establish as criminal offences the passive bribery offences defined in Article 5 and 6 of the Convention. 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. Hongarije heeft op 19-09-2002 het volgende bij de ratificatie gemaakte voorbehoud ingetrokken: Conformément à l'article 37, paragraphe 1, de la Convention, la Hongrie se réserve le droit de ne pas ériger en infractions pénales les infractions de corruption passive visées aux articles 5 et 6 de la Convention. Hongarije heeft op 17-08-2004 de volgende verklaring afgelegd: The Government of Hungary has informed the Secretary General of its intention to uphold wholly this reservation for a period of 3 years (Article 38 of the Convention). Hongarije heeft op 20-11-2007 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Republic of Hungary declares that it upholds wholly its reservation regarding Article 8 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. Hongarije heeft op 12-05-2011 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Republic of Hungary declares that it upholds wholly the 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. Hongarije heeft op 14-03-2014 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, Hungary declares that it wishes to uphold the reservation made in accordance with Article 38, paragraph 2Article 37, paragraph 1, of the Convention as long as necessary in view of enacting the required legislative amendment, which is likely to be adopted and promulgated in the course of the next year. With regard to the expected legislative amendment, the Hungarian authorities would be pleased to notify the Secretary General of the withdrawal of the reservation in due course. Hongarije heeft op 27-02-2015 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, Hungary declares that it withdraws its reservation concerning Article 8 to the Convention, made in accordance with Article 37, paragraph 1, of the Convention. |
11 | Ratificatie door Kroatië onder de volgende verklaring: 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: 00.385.1.37.10.672 |
12 | Aanvaarding door het Koninkrijk der Nederlanden onder de volgende voorbehouden: In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph 1, the Netherlands may exercise jurisdiction in the following cases:
The Kingdom of the Netherlands accepts the Convention for the Kingdom in Europe. In accordance with Article 37, paragraph 1, the Netherlands will not fulfil the obligation under Article 12. This reservation has been renewed by The Netherlands for successive periods of three years. The latest renewal will take effect on 1 August 2023. Het Koninkrijk der Nederlanden heeft op 16-02-2006 voor de periode van 3 jaren vanaf 01-08-2005 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of the Kingdom of the Netherlands declares that it intends to uphold, wholly, the reservations made in accordance with Article 37 of the Convention. Het Koninkrijk der Nederlanden heeft op 30-01-2009 de volgende verklaring afgelegd: Renewal of reservations: In accordance with Article 38, paragraph 2, of the Convention, the Government of the Netherlands declare that it upholds, wholly, the reservations made in accordance with Article 37 of the Convention. Wat betreft het Koninkrijk der Nederlanden, geldt het Verdrag, dat vanaf 01-08-2002 alleen voor het Europese deel van Nederland gold, vanaf 10-10-2010 ook voor het Caribische deel van Nederland. Het Koninkrijk der Nederlanden heeft op 28-09-2010 de volgende verklaring afgelegd: The Kingdom of the Netherlands currently consists of three parts : the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba. With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do. These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten. The other islands that have until now formed part of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - will become parts of the Netherlands, thus constituting ‘the Caribbean part of the Netherlands’. The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements. In addition, a number of the agreements that currently apply to the Netherlands are hereby declared applicable, from 10 October 2010, to this Caribbean part of the Netherlands. This reservation has been renewed by The Netherlands (for the European part and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) for successive periods of three years. The latest renewal will take effect on 1 August 2023. Het Koninkrijk der Nederlanden heeft op 07-02-2011 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of 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 of the Kingdom of the Netherlands. By Notification of 28 September 2010, the Kingdom of the Netherlands declared that, as from 10 October 2010, the Convention is applicable to the Caribbean part of the Netherlands (the islands of Bonaire, Sin Eustatius and Saba). The said reservations shall also apply to this part of the Netherlands as from 10 October 2010. Het Koninkrijk der Nederlanden heeft op 31-03-2014 de volgende verklaring afgelegd: 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. For the sake of completeness, the reservations with regard to the Convention were already renewed for the Netherlands for successive periods of three years on 1 August 2005, 1 August 2008 and 1 August 2011. The reservations with regard to the Additional Protocol will be renewed for the first time. Het Koninkrijk der Nederlanden heeft op 19-01-2017 de volgende verklaring afgelegd: 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). This reservation has been renewed by The Netherlands (for the European part and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) for successive periods of three years. The latest renewal will take effect on 1 August 2023. Het Koninkrijk der Nederlanden heeft op 20-01-2021 de volgende verklaring afgelegd: 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). Het Koninkrijk der Nederlanden heeft ingevolge artikel 38, tweede lid, van het Verdrag op 19-04-2023 een verklaring afgelegd. De Engelse tekst van die verklaring luidt als volgt: 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). Inwerkingtreding voor Curaçao vanaf 01-10-2024. |
13 | Ratificatie door Zwitserland onder de volgende voorbehouden en verklaringen: 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. 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. The central authority designated by Switzerland pursuant to Article 29 is the ‘Office fédéral de la justice, CH-3003 Berne’. Zwitserland heeft op 31-03-2006 de volgende verklaring afgelegd: 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. 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. These reservations have been renewed by Switzerland for successive periods of three years as from 1 July 2024. The central authority designated by Switzerland pursuant to Article 29 is the "Office fédéral de la justice". Zwitserland heeft op 17-02-2009 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Switzerland declares that it upholds, wholly, the reservations made in accordance with Article 37 of the Convention. Zwitserland heeft op 28-02-2012 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Switzerland declares that it upholds wholly the reservations and declaration made in accordance with Articles 36 and 37, paragraph 1, of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. Zwitserland heeft op 25-03-2015 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Switzerland declares that it upholds wholly the reservations and declaration made in accordance with Articles 36 and 37, paragraph 1, of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. These reservations has been renewed by Switzerland for successive periods of three years. The latest renewal took effect on 1 July 2021. |
14 | Het Koninkrijk der Nederlanden heeft bij de aanvaarding de volgende verklaring afgelegd: In accordance with Article 29, paragraph 2, of the Convention, the Netherlands declare that the central authority is: Het Ministerie van Justitie Directie Internationale Strafrechtelijke Aangelegenheden en Drugsbeleid Bureau Internationale Rechtshulp in Strafzaken Postbus 20301 2500 EH Den Haag. Het Koninkrijk der Nederlanden heeft op 09-01-2012 de volgende verklaring afgelegd: In accordance with Article 29, paragraph 2, of the Convention, the Netherlands declares that the central authority is: Het Ministerie van Veiligheid en Justitie (Ministry of Security and Justice) Directie Internationale Strafrechtelijke Aangelegenheden en Drugsbeleid Bureau Internationale Rechtshulp in Strafzaken Postbus 20301 2500 EH Den Haag. Het Koninkrijk der Nederlanden heeft op 27-06-2024 de volgende verklaring afgelegd: In accordance with Article 32, paragraph 1, of the Criminal Law Convention on Corruption, the Kingdom of the Netherlands accepts the Convention on behalf of Curaçao. In accordance with Article 37, paragraph 1, of the Convention, the Kingdom of the Netherlands, for Curaçao, declares that it will not fulfil the obligations under Article 12 of the Convention. In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph 1, of the Convention, the Kingdom of the Netherlands, for Curaçao, declares that it may exercise jurisdiction in the following cases:
In accordance with Article 29, paragraph 2, of the Convention, the central authority for Curaçao, is: For legal assistance requests: Het Internationaal Rechtshulp Centrum (ICR) Carib (International Legal Assistance Centre Carib) Wilhelminaplein 14-16 Curaçao irc@omcarib.org For all other requests: National Central Bureau of INTERPOL Curaçao (NCB-Interpol) Bastion, Fort Amsterdam z/n Curaçao Interpol.curacao@ip-willem.org |
15 | Bekrachtiging door Letland onder de volgende verklaring: 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. |
16 | Bekrachtiging door Letland onder het volgende voorbehoud: 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. [19-01-2005 The Government of Latvia has informed the Secretary- General of its intention to uphold wholly this reservation for a period of 3 years (Article 38 of the Convention).] |
17 | Letland heeft op 16-09-2010 de volgende verklaring afgelegd: 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:
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18 | Bekrachtiging door Litouwen onder de volgende mededeling: 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. . |
19 | Bekrachtiging door Slovenië onder het volgende voorbehoud: In accordance with Article 37 of the Convention, the Republic of Slovenia declares that it reserves the right not to establish as a criminal offence under its domestic law the following: The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 6, when involving any person who is a member of a public assembly exercising legislative or administrative powers in any other State. The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 8, relating to the acceptance of an offer or a promise of any undue advantage. The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12: When committed intentionally, the promising, giving or offering, directly or indirectly, of any undue advantage to anyone who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in Articles 2, 4 to 6 and 9 to 11, as well as the request, receipt or the acceptance of the offer or the promise of such and advantage[lees: such advantage]. . |
20 | Bekrachtiging door Tsjechië onder het volgende voorbehoud: 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. Tsjechië heeft op 28-12-2005 voor de periode van 3 jaren vanaf 01-07-2005 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of the Czech Republic declares that it intends to uphold, wholly, the reservation mede in accordance with Article 37 of the Convention. |
21 | Bekrachtiging door Tsjechië onder de volgende verklaringen: 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 Office 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. Tsjechië heeft op 06-10-2014 de volgende verklaring afgelegd: The declaration of central authorities made by the Czech Republic in accordance with Article 29 of the Convention, registered at the Secretariat General on 8 September 2000, is updated as follows:
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22 | Bekrachtiging door Portugal onder de volgende voorbehouden: 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:
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[lees: function] 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. [05-04-2005 The Government of Portugal declares that it upholds, for a period of three years, the reservations made in accordance with article 37 of the Convention (Article 38 of the Convention)] . |
23 | Ratificatie door Roemenië onder de volgende verklaring: In accordance with Article 29 of the Convention, Romania designates the following authorities:
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24 | Aanvaarding door Finland onder de volgende voorbehouden: 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. Finland heeft op 13-07-2006 de volgende verklaring afgelegd: 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. This reservation has been renewed by Finland for successive periods of three years. The latest renewal will take effect on 1 February 2024. Finland heeft op 13-07-2006 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Finland declares that it upholds in its entirety the reservations made in accordance with Article 37 of the Convention. Finland heeft op 15-09-2008 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Finland declares that it upholds in its entirety the reservations made in accordance with Article 37 of the Convention. Finland heeft op 24-06-2011 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Republic of Finland declares that it intends to withdraw its reservation made on 3 October 2002 and renewed on 1 February 2006 and 1 February 2009, regarding Article 17, paragraph 1.b of the Convention, with effect as of 1 October 2011. Finland heeft op 21-07-2014 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, Finland declares that it upholds wholly the reservation concerning Article 12 to the Convention, made in accordance with Article 37, paragraph 1, for the period of three years set out in Article 38, paragraph 1, of the Convention. This reservation has been renewed by Finland for successive periods of three years. The latest renewal will take effect on 1 February 2021. |
25 | Toetreding door de Federale Republiek Joegoslavië onder het volgende voorbehoud: In accordance with Article 37, paragraph 3, of the Convention, the Federal Republic of Yugoslavia reserves the right to reject a request for international legal assistance under Article 26, paragraph 1, if the request concerns a criminal offence which is considered a political offence according to Yugoslav legislation. . Servië en Montenegro heeft op 02-03-2006 met ingang van 01-04-2006 het voorbehoud ingetrokken onder de volgende verklaring: In accordance with Article 38, paragraph 2, of the Convention, Serbia and Montenegro declares that it withdraws the reservation made to Article 26, paragraph 1, of the Convention in accordance with Article 37 of the Convention. . |
26 | Ratificatie door Polen onder de volgende voorbehouden: In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 7 of the Convention, insofar as the conduct described in the Article 7 does not constitute a criminal offence under provisions of the Criminal Code. In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its rights not to establish as a criminal offence under its domestic law the conduct referred to in Article 8 of the Convention, insofar as the conduct described in the Article 8 does not constitute a criminal offence under provisions of the Criminal Code. In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12 of the Convention, insofar as the conduct described in the Article 12 does not constitue a criminal offence under provisions of the Criminal Code. . Polen heeft op 29-09-2006 de volgende verklaring afgelegd: 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 right 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. . Polen heeft op 03-06-2009 de volgende verklaring afgelegd: Withdrawal of reservations In accordance with Article 38, paragraph 2, of the Convention, the Government of Poland declares that it withdraws, wholly, its reservations to Articles 7 and 8 of the Convention made in accordance with Article 37 of the Convention. . |
27 | Malta heeft bij de ratificatie de volgende verklaring afgelegd: 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. . |
28 | Bekrachtiging door Portugal onder aanwijzing van de volgende autoriteit: In accordance with Article 29 of the Convention, the Republic of Portugal designates the following central authority: PROCURADORIA GERAL DA REPUBLICA Rua da Escola Politécnica, n° 140 1269 - 269 LISBOA |
29 | Finland heeft op 01-10-2003 de volgende autoriteit aangewezen: Ministry of Justice P.O. Box 25 00023 Valtioneuvosto Finland . |
30 | Ratificatie door Ierland onder aanwijzing van de volgende verklaring: In accordance with Article 29, paragraph 2, of the Convention, Ireland designates as the central authority: Department of Justice, Equality and Law Reform 72–76 St Stephen's Green Dublin 2 |
31 | Cyprus heeft op 24-10-2003 de volgende verklaring afgelegd: The central authority designated by Cyprus in pursuance of Article 29 of the Convention is: Ministry of Justice and Public Order 125, Athalassas Ave 1461 Nicosia CYPRUS Tel. +357.22-805911 Fax +357.22-518349 |
32 | Ratificatie door Polen onder de volgende verklaring: 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 Konsumentów), pl. Powstanców Warszawy 1, 00-950 Warszawa. |
33 | Het Verenigd Koninkrijk heeft bij de ratificatie de volgende verklaring afgelegd: 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 |
34 | Bosnië-Herzegovina heeft op 29-10-2003 de volgende verklaring afgelegd: 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. . Bosnië en Herzegovina heeft op 07-09-2011 de volgende verklaring afgelegd: In accordance with Article 29 of the Convention, Bosnia and Herzegovina declares that the designated Central Authority for Bosnia and Herzegovina is the: Ministry of Security of Bosnia and Herzegovina Trg Bosne i Hercegovine no. 1 71 000 Sarajevo. . |
35 | Bulgarije heeft op 01-12-2003 de volgende verklaring afgelegd: Bulgaria declares that the central authority for the purposes of Article 29 of the Convention is the Ministry of Justice, 1 Slavianska Str., 1000 Sofia — Bulgaria. . |
36 | Slovenië heeft op 15-12-2003 de volgende verklaring afgelegd: 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 Šupanciceva 3 1000 Ljubljana SLOVENIA |
37 | Ratificatie door Moldavië onder de volgende verklaring: 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. |
38 | Ratificatie door België onder de volgende voorbehouden:
België heeft op 25-04-2007 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Belgium declares that it intends to uphold, wholly, the reservations made in accordance with Article 37 of the Convention. België heeft op 18-03-2010 de volgende verklaring afgelegd: The Government of Belgium declares that it withdraws the reservation to Article 17 of the Convention deposited with the instrument of ratification and which read as follows: ‘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.’ In accordance with Article 38, paragraph 2, of the Convention, the Government of Belgium declares that it upholds wholly its reservations regarding Articles 7, 8 and 12 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. België heeft op 20-12-2013 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Belgian Government declares that it upholds wholly its reservations 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. België heeft op 25-04-2016 de volgende verklaring afgelegd: 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. These reservations have been renewed by Belgium by successive periods of three years. The last renewal took effect as from 1 July 2016. |
39 | Ratificatie door het Verenigd Koninkrijk onder de volgende verklaringen: 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. Het Verenigd Koninkrijk heeft op 11-09-2007 de volgende verklaring afgelegd: renewal of reservations In accordance with Article 38, paragraph 2, of the Convention, the Government of the United Kingdom declares that it intends to uphold, wholly, the reservations made in accordance with Article 37 of the Convention. These reservations concern Articles 7, 12 and 17 of the Convention. With regard to Article 7, the existing provision in the law of the United Kingdom (section 1 of the Prevention of Corruption Act 1906), whilst capturing most of the conduct referred to in Article 7, does not explicitly refer to the circumstance in which a bribe is not given directly to the individual who is being induced to act in a particular way but to a third party. It was previously explained that the Government was seeking, in the context of a wider reform, to amend this aspect of the law in England, Wales and Northern Ireland to ensure explicit coverage through a draft Corruption Bill published in 2003. However, in light of Parliamentary criticism that Bill was not formally introduced to Parliament and in December 2005 the Government issued a further consultation paper with the aim of establishing a consensus on an appropriate formulation. The consultation closed in March 2006 and the summary of responses was published in March this year. In light of this consultation the Government has asked the Law Commission to undertake, as a priority, a further fundamental review and to prepare a draft Bill. We intend that this new Bill will, along with a wider reform, amend this aspect of the law. Separate consideration is also being given to this issue in Scotland. Therefore, for the time being, the United Kingdom wishes to maintain its reservation to Article 7 which was made in accordance with Article 37, paragraph 1. The United Kingdom also wishes to maintain its reservation made in accordance with Article 37, paragraph 1, not to establish as a criminal offence all of the conduct referred to in Article 12. The law of the United Kingdom covers much of the conduct referred to in Article 12 but only in so far as an agent relationship exists between the ‘influence seller’ and the person influenced. In respect of Article 17, section 109 of the Anti-terrorism, Crime and Security Act 2001 [for Scotland section 69 of the Criminal Justice (Scotland) Act 2003], gave the United Kingdom courts jurisdiction over the common law offence of bribery, the section 1 offences of the Public Bodies Corrupt Practices Act 1889, and the section 1 offences of the 1906 Act, when they are committed overseas by United Kingdom nationals and incorporated bodies. The United Kingdom courts therefore apply the jurisdictional rule laid down in Article 17, paragraph 1(b), except that 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 law has not changed. The United Kingdom is therefore maintaining its reservation made in accordance with Article 17, paragraph 2, and Article 37, paragraph 2, to apply the jurisdictional rule laid down in Article 17, paragraph 1(b) only where the offender is a United Kingdom national. The United Kingdom is also maintaining its reservation made under Article 17, paragraph 2, and Article 37, paragraph 2, not to apply the jurisdictional rule laid down in Article 17, paragraph 1(c) at all. Het Verenigd Koninkrijk heeft op 26-10-2009 de volgende verklaring afgelegd: Renewal of reservations: In accordance with Article 38, paragraph 2, of the Convention, the Government of the United Kingdom declares that it intends to uphold, wholly, the reservations made in accordance with Article 37 of the Convention. These reservations concern Articles 7, 12 and 17 of the Convention. Het Verenigd Koninkrijk heeft op 13-12-2012 de volgende verklaring afgelegd: renewal of reservations The Bribery Act 2010, which entirely replaced the old common and statutory law offences of bribery and which extends to the whole of the United kingdom came into force on 1 July 2011. United Kingdom law as set out in the Bribery Act addresses circumstances in which the offer, promise, gift, request, agreement to receive, or acceptance of an advantage is associated with the improper performance of a function or activity. Section 1 of the Act criminalises active bribery in both the public and private sectors perpetrated directly or indirectly through third parties. It thereby repairs the lacuna in the law that necessitated the making of a United Kingdom reservation concerning Article 7. Accordingly, in accordance with Article 38, paragraph 2, the United Kingdom hereby withdraws its reservation made under Article 37, paragraph 1 concerning Article 7. 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 Articles 12 and 17 paragraph 1.c of the Convention, and amends the reservation concerning Article 17 paragraph 1.b, of the Convention. Het Verenigd Koninkrijk heeft op 07-04-2016 de volgende verklaring afgelegd: 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. These reservations have been renewed by the United Kingdom by successive periods of three years. The last renewal took effect as from 1 April 2016 |
40 | Ratificatie door Azerbeidzjan onder de volgende verklaring: 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 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. Azerbeidzjan heeft op 19-02-2008 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Republic of Azerbaijan declares that it upholds wholly its reservations regarding Articles 5, 6, 10, 12 and 26 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. Azerbeidzjan heeft op 25-02-2010 de volgende verklaring afgelegd: Renewal of reservations: In accordance with Article 38, paragraph 2, of the Convention, the Republic of Azerbaijan declares that it upholds wholly its reservations regarding Articles 5, 6, 10, 12 and 26 of the Convention, for the period of three years set out in Artcle[lees: Article] 38, paragraph 1, of the Convention. Period covered: 3 years from 1 June 2010. Azerbeidzjan heeft op 10-01-2013 de volgende verklaring afgelegd: The Government of the Republic of Azerbaijan declares that it intends to uphold its reservation regarding Article 26 of the Convention in accordance with Article 38, paragraph 2, of the Convention. The Government of the Republic of Azerbaijan, according to the Law of the Republic of Azerbaijan n° 42 3-IVQ dated 1 October 2012, has decided to withdraw its reservation regarding Articles 5, 6, 10 and 12 of the Convention, in accordance with Article 38, paragraph 2, of the Convention. Azerbeidzjan heeft op 19-10-2015 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Azerbaijan declares that it upholds wholly the 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. This reservation has been renewed by Azerbaijan for successive periods of three years. The latest renewal took effect on 1 June 2022. |
41 | Ratificatie door Azerbeidzjan onder de volgende verklaring: 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 |
42 | Ratificatie door IJsland onder de volgende verklaring: 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 (Ríkislögreglustjórinn) Skúlagötu 21 101 Reykjvík Iceland . |
43 | Ratificatie door Noorwegen onder de volgende verklaring: In accordance with Article 29 of the Convention, the Kingdom of Norway declares that the designated authorities are:
. |
44 | Ratificatie door Moldavië onder de volgende verklaring: 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:
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45 | België heeft op 28-05-2004 de volgende verklaring afgelegd, effectief vanaf 01-07-2004: According to Article 29, paragraph 1, of the Convention, the Government of the Kingdom of Belgium designates the ‘Service Public Fédéral Justice, Direction Générale de la Législation et des Libertés 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 — http://www.just.fgov.be. |
46 | Ratificatie door Andorra onder de volgende verklaring: 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. 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. 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. 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 Justícia i Interior (Ministry of Justice and Interior) Edifici administratiu de l'Obac AD700 Escaldes-Engordany Principat d'Andorra Andorra heeft op 24-10-2011 de volgende verklaring afgelegd: Withdrawal of a reservation: In accordance with Article 38, paragraph 2, of the Convention, Andorra declares that it does not intend to renew its reservation made on 6 May 2008 regarding Articles 6 and 10 of the Convention. Renewal of reservations: In accordance with Article 38, paragraph 2, of the Convention, Andorra declares that it upholds the reservations concerning Articles 7, 8 and 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. Andorra heeft op 21-11-2014 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, Andorra declares that it upholds the reservations concerning Articles 7, 8 and 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. Andorra heeft op 03-04-2017 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, Andorra declares that it upholds the reservations concerning Articles 7 and 8 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. This reservation has been renewed by Andorra for successive periods of three years. The latest renewal will take effect on 1 September 2023. |
47 | Ratificatie door Azerbeidzjan onder de volgende verklaring: 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. |
48 | Servië en Montenegro heeft op 05-07-2004 de volgende verklaring afgelegd: 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. . Servië heeft op 20-07-2006 de volgende verklaring afgelegd: 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 Servia responsible for requests made with respect to the matter of extradition, dealt with in Article 27 of the Convention. |
49 | Ratificatie door Zweden onder de volgende verklaring: 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. |
50 | Ratificatie door Zweden onder de volgende voorbehouden: 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 17.1c of the Convention). Sweden also reserves the right to maintain a requirement of dual criminality for Swedish juridiction[lees: jurisdiction ] for acts committed abroad. Zweden heeft op 27-03-2008 de volgende verklaring afgelegd: 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 provided for in Article 38, paragraph 1, of the Convention. Upon ratification, Sweden also made an explanatory statement to the effect that, in Sweden's view, a ratification of the Convention did not mean that its membership of the Group of States against Corruption (GRECO) could not be reviewed if reasons to do so arose in the future. Although this is not a declaration referred to in Article 36 or a reservation referred to in Article 37 — and hence not subject to the three-year limitation provided for in Article 38.1 — the Government of Sweden would like to stress that this statement is still maintained. Zweden heeft op 28-06-2010 de volgende verklaring afgelegd: Renewal of reservations: In accordance with Article 38, paragraph 2, of the Convention, the Swedish Government declares that it upholds wholly its reservations regarding Articles 12 and 17, paragraph 2, of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. Also, the Swedish Government would like to stress that the explanatory statement contained in the instrument of ratification deposited on 25 June 2004 is still maintained. Zweden heeft op 21-06-2013 de volgende verklaring afgelegd: 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. Zweden heeft op 21-06-2016 de volgende verklaring afgelegd: 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. These reservations have been renewed by Sweden for successive periods of three years. The latest renewal took effect on 1 October 2019. These reservations have been renewed by Sweden for a period of three years as from 1 October 2022. |
51 | Ratificatie door Zweden onder de volgende verklaring: As central authority Sweden designates the Government Offices of Sweden (the Swedish Ministry of Justice). |
52 | Letland heeft op 19-01-2005 de volgende verklaring afgelegd: With due regard to well-established principles of international law, especially in the field of extradition, the Republic of Latvia declares that it renews its reservation for the period set out in paragraph 1 of Article 38 of the Convention. The Republic of Latvia considers that the issue of mutual legal assistance, beyond all doubts, constitutes one of the fundamental elements of suppression of all forms of crimes, inter alia, corruption. Nevertheless, the Republic of Latvia would like to stress, that in accordance with the principles of its legal order, observation of human rights and rule of law is the core element for providing mutual legal assistance to other States. If there is sufficient ground to believe that the offence which the request for mutual legal assistance refers to could be considered a political offence, the nationals authorities in charge are under an obligation to review the aforementioned request in the light of safeguards provided to any person in accordance with human rights. Furthermore, the Republic of Latvia would like to emphasize that it has made similar reservations to all international instruments in the penal field, if this instrument contains clauses for extradition or mutual legal assistance. . |
53 | Ratificatie door Luxemburg onder de volgende verklaringen: En application de l'article 17, paragraphe 2 de la Convention pénale sur la corruption, le Gouvernement du Grand-Duché de Luxembourg déclare que, sauf les cas couverts par le point a de l'article 17, paragraphe 1 de cette même Convention, il n'appliquera les règles de compétence visées aux points b et c du m me article 17, paragraphe 1, qu'à la condition que l'auteur de l'infraction ait la nationalité luxembourgeoise. Le Gouvernement du Grand-Duché de Luxembourg déclare que le Procureur général d'Etat est désigné pour exercer au Grand-Duché de Luxembourg la fonction d'autorité centrale au sens de l'article 29 de la Convention pénale sur la corruption, sans préjudice des compétences attribuées par la loi à d'autres autorités. Le cas échéant, le Procureur Général d'Etat assurera la transmission de la demande à l'autorité compétente 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 17 of 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. . |
54 | Albanië heeft op 18-07-2005 de volgende verklaring afgelegd: 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. . |
55 | Albanië heeft op 18-07-2005 de volgende verklaringen afgelegd: 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. . Albanië heeft op 31-03-2006 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of Albania declares that it intends to uphold, wholly, the reservations made in accordance with Article 37 of the Convention, for a period of three years from 1 July 2005. . |
56 | Ratificatie door Slowakije onder de volgende voorbehouden: 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, Zupné námestie 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: Generálna prokuratúra Slovenskej republiky, Zupné námestie 13, 812 85 Bratislava). with respect to Article 27: For receiving requests of extradition: the General Prosecutor's Office of the Slovak Republic (address: Generálna prokuratúra Slovenskej republiky, Zupné námestie 13, 812 85 Bratislava). For sending requests for extradition: the Ministry of Justice of the Slovak Republic (address: Ministerstvo spravodlivosti Slovenskej republiky, Zupné námestie 13, 813 11 Bratislava). . Slowakije heeft op 03-09-2020 de volgende autoriteit aangewezen: Central authority: Updating of contact information: (Articles 26 and 27) Ministry of Justice of the Slovak Republic […] |
57 | Ratificatie door Armenië onder de volgende verklaringen: 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:
Armenië heeft op 09-01-2006 de volgende verklaring afgelegd: 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. This reservation has been renewed by Armenia for successive periods of three years. The latest renewal will take effect on 1 May 2024. Armenië heeft op 09-01-2006 de volgende verklaring afgelegd: 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:
Armenië heeft op 05-01-2009 de volgende verklaring afgelegd: Renewal of reservations: In accordance with Article 38, paragraph 2, of the Convention, the Republic of Armenia declares that it upholds in its entirety the reservations made in accordance with Article 37 of the Convention. Armenië heeft op 16-12-2014 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, Armenia declares that it upholds wholly the reservation concerning Article 26 to the Convention, made in accordance with Article 37, paragraph 3, for the period of three years set out in Article 38, paragraph 1, of the Convention. This reservation has been renewed by Armenia for successive periods of three years. The latest renewal took effect on 1 May 2021. |
58 | Ratificatie door Russische Federatie onder de volgende verklaring: 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. De Russische Federatie heeft op 05-01-2009 de volgende verklaring afgelegd: In accordance with Article 29 of the Convention, the Russian Federation designates as central authorities: For civil law issues including civil law aspects of criminal cases: the Ministry of Justice of the Russian Federation. For other issues of international co-operation: the Prosecutor General's Office of the Russian Federation. Opzegging door de Russische Federatie op 20-03-2023 per 01-07-2023 onder de volgende verklaring: In accordance with Article 41 of the Convention, the Russian Federation declares that it has decided to denounce the Criminal Law Convention on Corruption, signed on behalf of the Russian Federation in Strasbourg on 27 January 1999. The Russian Federation also declares the complete termination of its participation in the Group of States against Corruption in accordance with Article 21 of its Charter – from the date of entry into force of the denunciation by the Russian Federation of the Criminal law Convention on Corruption. |
59 | Verklaring van voortgezette gebondenheid van Montenegro op 14-06-2006. |
60 | Verklaring van voortgezette gebondenheid van Montenegro op 14-06-2006. Montenegro heeft op 19-10-2006 de volgende verklaring afgelegd: In accordance with Article 29 of the Convention, the following institutions have been designated as central authority of the Republic of 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: Agency for Anti-corruption Initiative of the Republic of Montenegro Trg Vektra bb 81 000 Podgorica |
61 | Ratificatie door Monaco onder de volgende verklaring: 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. 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. 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[lees: 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 exercice of public action for crimes and offences committed outside of the Principality. 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, Tél. =377.93.15.81.28, Fax: +377.93.15.15.85.89.’ The specialised authority is the ‘Service d'Information et de Contrôle des Circuits Financiers (SICCFIN)’. Monaco heeft op 25-04-2007 de volgende verklaring afgelegd: The Principality of Monaco declares, in accordance witth[lees: with] the provisions of Article 29, paragraph 1, of the Convention, that to join the central authority designated (the ‘Direction des Services Judiciares, Palais de Justice, BP 5132, 98015 Monaco Cedex’)- you must from now dial: Tél . +377.98.98.81.28, Fax + 377.98.98.85.89. (instead of: tel. + 377.93.15.81.28, fax +377.93.15.15.85.89). Monaco heeft op 15-03-2010 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Principality of Monaco declares that it upholds wholly its reservations regarding Articles 5, 6 and 12 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. Monaco heeft op 22-12-2010 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of the Principality of Monaco declares that it upholds wholly the 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. Monaco heeft op 02-04-2013 de volgende verklaring afgelegd: Pursuant to Article 38, paragraph 2, of the Convention, the Government of the Principality of Monaco wishes to uphold wholly, for a period of 3 years, the reservation made pursuant to the provisions of Article 17, paragraph 2, of the Convention. Pursuant to Article 38, paragraph 2, of the Convention, the Government of the Principality of Monaco wishes to withdraw its reservations made in accordance with the provisions of Article 37, paragraph 1, of the Convention. Monaco heeft op 31-03-2016 de volgende verklaring afgelegd: 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. This reservation has been renewed by Monaco by successive periods of three years. The last renewal took effect as from 1 July 2016. Monaco heeft op 18-01-2019 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Principality of Monaco wishes to partially withdraw the reservation made in accordance with the provisions of Article 37, paragraph 2 and Article 17, paragraph 2, of the Convention. The reservation partially upheld for the period of three years set out in Article 38, paragraph 1, of the Convention should now read 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 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.’ This is a partial renewal of the earlier reservation by Monaco for a period of three years. This renewal took effect as from 1 July 2019. Monaco heeft op 31-03-2022 de volgende verklaring afgelegd: 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.” |
62 | Letland heeft op 02-10-2007 de volgende verklaring afgelegd: With due regard to well-established principles of international law in the field of extradition, the Republic of Latvia declares that it renews its reservation regarding Article 26, paragraph 1, of the Convention, for the period set out in Article 38, paragraph 1, of the Convention. The Republic of Latvia considers that the issue of mutual legal assistance, beyond all doubts, constitutes one of the fundamental elements of suppression of all means of crimes, inter alia, corruption. Nevertheless, the Republic of Latvia would like to stress, that in accordance with the principles of its legal order, observation of human rights and rule of law is the core element for providing mutual legal assistance to other States. If there is sufficient ground to believe that offence to which the compliance for mutual legal assistance regards could be considered as political offence, the national authorities in charge are under an obligation to review the aforementioned compliance in the light of safeguards provided to any person in accordance with human rights. Furthermore, the Republic of Latvia would like to emphasize that it has made similar reservations to all international instruments in the penal field, if this instrument contains clauses for extradition or mutual legal assistance. . Letland heeft op 24-05-2011 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Republic of Latvia declares that it intends to withdraw its reservation made on 1 July 2002 and renewed on 1 July 2005 and 1 July 2008, regarding paragraph 1 of Article 26 of the Convention. |
63 | Toepasselijkverklaring door het Verenigd Koninkrijk voor Jersey vanaf 01-10-2013 onder de volgende verklaring: In accordance with Article 29, paragraph 2, of the Convention, the Government of the Bailiwick of Jersey declares that their central authority for mutual assistance and extradition is: H.M Attorney General Law Officers' Department Morier House St. Helier Jersey, JE1 1DD 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. 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. Het Verenigd Koninkrijk heeft op 08-06-2016 de volgende verklaring afgelegd: 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. These reservations have been renewed by Jersey by successive periods of three years. The last renewal took effect as from 1 October 2016. |
64 | Ratificatie door Belarus onder de volgende verklaring: 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)226-42-52 Opzegging door Belarus op 18-01-2024 per 01-05-2024. |
65 | Ratificatie door Georgië onder de volgende verklaring: Georgia declares that the Convention shall be applicable on the part of the territory of Georgia where Georgia exercises its full jurisdiction. 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 ave. Tbilisi 0146 Georgia Tel./Fax: (+995 32) 75 82 37 Internet: http://www.justice.gov.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.ge . Georgië heeft op 20 juni 2008 de volgende gewijzigde autoriteiten aangewezen: Central authority (Article 29): Ministry of Justice TBLISI 0146 GEORGIA Tel. +995-32-75-82-10/82-77/82-78 Fax.: +995-32-75-82-76-82-29 Email: Intlawdep@justice.gov.ge . |
66 | Griekenland heeft op 05-02-2008 de volgende verklaring afgelegd: 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’. 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 Grâce Service d'Affaires Pénales Spéciales et d'Entraide Judiciaire Internationale en matiére pénale 96 Avenue Mesogeion 11527 Athènes Greece Tel. 030.210.77.67.310 Fax: 0030.210.77.67.478 Email : xpappa@justice.gov.gr . Griekenland heeft op 04-05-2010 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Hellenic Government (Ministry of Justice, Transparency and Human Rights) declares that it upholds wholly its reservation regarding Article 26 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. The political and legislative coherence and consistency at a national level call for a greater protection of those accused of political offences, according to the internationally approved concept of this term. Maintaining the reservation contained in Article 37, paragraph 3, of the Convention is therefore considered desirable. . |
67 | Ratificatie door Oekraïne onder de volgende verklaring: 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). . Oekraïne heeft op 16-10-2015 de volgende verklaring afgelegd: In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law. The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol. In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed. Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation. The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv. Oekraïne heeft op 11-07-2019 de volgende verklaring afgelegd: 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), the General Prosecutor’s Office of Ukraine (concerning requests of pre-trial investigation authorities) and starting from 25 January 2015 the National Anti-corruption Bureau of Ukraine (concerning requests at the pre-trial investigation of criminal offences, within its competence, see details at https://nabu.gov.ua/en/competence). Oekraïne heeft op 19-04-2022 de volgende verklaring afgelegd: The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine. Oekraïne heeft op 07-12-2023 de volgende verklaring afgelegd: […] Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the relevant treaties as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine. The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is located at the link below: |
68 | Ratificatie door Spanje onder de volgende verklaring: 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. This reservation has been renewed by Spain for successive periods of three years. The latest renewal took effect on 1 August 2022. In accordance with Article 29 of the Convention, the Government of Spain designates as the central authority for the purposes of this Convention: Subdirección General para Asuntos de Justicia en la Unión 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 If this Convention were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration:
Spanje heeft op 10-01-2014 de volgende verklaring afgelegd: 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. This reservation has been renewed by Spain for successive periods of three years. The latest renewal took effect on 1 August 2019. Spanje heeft op 31-01-2017 de volgende verklaring afgelegd: Renewal of reservation with specification of the scope of application 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. |
69 | Ratificatie door Frankrijk onder de volgende verklaring: 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. 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 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. Frankrijk heeft op 25-04-2008 de volgende verklaring afgelegd: [...] 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 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. This reservation has been renewed by France for successive periods of three years as from 1 August 2024. Frankrijk heeft op 16-02-2012 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, the Government of France declares that it upholds wholly the reservations 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. Frankrijk heeft op 17-06-2014 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, France declares that it intends to renew the reservations made in accordance with Article 37 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. Frankrijk heeft op 28-04-2017 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, France declares that it intends to renew the reservations made in accordance with Article 37 of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention. Period covered by the renewal of the reservation: 3 years from 1 August 2017. In accordance with Article 38, paragraph 2, of the Convention, France wishes to withdraw its reservation concerning Article 12 of the Convention, made in accordance with the provisions of Article 37, paragraph 1, of the Convention. This reservation has been renewed by France for successive periods of three years. The latest renewal took effect on 1 August 2020. |
70 | Ratificatie door Italië onder de volgende verklaring: 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. 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. 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. 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. 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. 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. Pursuant to Article 29 of the Convention, Italy declares that the designated central authority is the Minister of Justice of the Italian Republic. Italië heeft op 05-07-2017 de volgende verklaring afgelegd: In accordance with Article 38, paragraph 2, of the Convention, Italy declares that it upholds the following 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: 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). In accordance with Article 37, paragraph 1, of the Convention, Italy declares that it reserves the right to make the prosecution of acts of active and passive bribery in the private sector (Articles 7 and 8 of the Convention) falling under Articles 2635, 2635-bis, 2635-ter of the Civil Code and Article 25-ter, paragraph 1, letter s-bis of Legislative Decree No. 231 of June 8, 2001, dependent on the lodging of a complaint of the victim; this condition is however not necessary for the prosecution of acts which have caused a distortion of competition in relation to the purchase of goods and services. In accordance with the provisions of Article 37, paragraph 1, of the Convention, Italy declares that it confirms wholly the reservation made in relation to the establishment as a criminal offense of the acts referred to in Article 4 of the Convention. 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 with its domestic law, the conduct defined in Article 12 of the Convention, in view of the exercise of an inappropriate influence, as defined in the above-mentioned article, over the decision-making of any person referred to in Articles 5, 6 and 9 to 11 of the Convention. 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, solely with regard to the position of the person who promises, offers or grants benefits to the influence peddler when the relationship of influence is not real but simply fraudulently considered ("millantato credito", Article 346 of the Criminal Code). Period covered by the renewal of reservations: 3 years from 1 October 2016. These reservations have been renewed by Italy for successive periods of three years. The latest renewal took effect on 1 October 2016. Italy has subsequently withdrawn these reservations. The date of effect of the withdrawal is 1 October 2019. This reservation has been renewed by Italy for successive periods of three years, the latest as on 1 October 2022. |
71 | Ratificatie door Oostenrijk onder de volgende verklaring: 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 Museumstraße 7 1070 Wien Austria Tel.: +43 (0)1 52 1 52-0 Email: post@bmj.gv.at |
72 | Ratificatie door Liechtenstein onder de volgende verklaring: In accordance with Article 29 of the Convention, the central authority designated by the Principality of Liechtenstein is the following: Office de la Justice |
73 | San Marino heeft op 04-11-2016 de volgende autoriteit aangewezen: Central authorities (art. 29): Segreteria di Stato Affari Esteri Date of effect of the declaration: 1 December 2016 |
74 | Ratificatie door Duitsland onder de volgende verklaring: In accordance with Article 29, paragraph 2, of the Convention, the Federal republic of Germany has designated, in pursuance of Article 29, paragraph 1, as its central authority responsible for requests made under Chapter IV of the Convention: Bundesamt für Justiz (Federal Office of Justice). The Federal Republic of Germany declares that the phrase “in the course of business activity” in Articles 7 and 8 of the Convention is to be interpreted as making reference to activities in relation to the purchase of goods or commercial services. 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. The declaration and the reservations have been renewed by Germany for successive periods of three years. The latest renewal will take effect on 1 September 2023. |