Article 12 Private sector

Geldend

Documentgegevens:

Geldend vanaf 14-12-2005

Bronpublicatie:: 31-10-2003, Trb. 2004, 11 (uitgifte: 23-01-2004, kamerstukken/regelingnummer: -)
Inwerkingtreding: 14-12-2005
Bronpublicatie inwerkingtreding:: 18-10-2005, Trb. 2005, 244 (uitgifte: 18-10-2005, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Bijzondere onderwerpen

1.

Each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures.

2.

Measures to achieve these ends may include, inter alia:

a): Promoting cooperation between law enforcement agencies and relevant private entities;
b): Promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of the activities of business and all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State;
c): Promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities;
d): Preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities;
e): Preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure;
f): Ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing controls to assist in preventing and detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures.

3.

In order to prevent corruption, each State Party shall take such measures as may be necessary, in accordance with its domestic laws and regulations regarding the maintenance of books and records, financial statement disclosures and accounting and auditing standards, to prohibit the following acts carried out for the purpose of committing any of the offences established in accordance with this Convention:

a): The establishment of off-the-books accounts;
b): The making of off-the-books or inadequately identified transactions;
c): The recording of non-existent expenditure;
d): The entry of liabilities with incorrect identification of their objects;
e): The use of false documents; and
f): The intentional destruction of bookkeeping documents earlier than foreseen by the law.

4.

Each State Party shall disallow the tax deductibility of expenses that constitute bribes, the latter being one of the constituent elements of the offences established in accordance with articles 15 and 16 of this Convention and, where appropriate, other expenses incurred in furtherance of corrupt conduct.