inpbpm :How can corruption be countered?

To address the corruption problem in individual countries a comprehensive and global approach is required. National and international systems of transparency and accountability must be built up.

This includes introduction or strengthening of preventive and punitive measures.

The preventive measures are intended to create conditions that promote good, honest, transparent and efficient public management, as well as high standards in the private sector. The punitive measures punish corrupt actions taken, by means of judicial or administrative organs. Countering corruption also requires enhanced international cooperation. Individual governments can make progress with domestic preventive and punitive measures but, given the international aspects of corruption, they will also need to cooperate with other governments in order to have lasting success. This may take the form of mutual legal assistance. Cross-border international cooperation in law  enforcement is often key to the successful prevention and prosecution of corruption cases. Development cooperation is also a necessity since some countries will neither be able to address domestic corruption nor help other countries in cross-border law enforcement without technical and financial assistance. Anti-corruption conventions provide a framework for strengthening preventive and punitive measures. They also address the need for international cooperation and provide frameworks for technical assistance.


Archives pour la catégorie Observatoire

inpbpm :The Corruption of Principles and the Decline of the State

The corruption of each government begins almost always with the corruption of its principles…Once the principles of a government have been corrupted, even the best laws become bad and will turn against the State; whereas when the principles remain healthy, bad laws may have the effect of good ones; the force of principle carries everything with it…

Few laws are not good when the State has not lost its principles; and, as Epicurus relates in speaking of wealth: “It is not the liquor which has become corrupted, but the vessel that holds it.”

http://www.harpers.org/archive/2008/07/hbc-90003226

The Corruption of Principles and the Decline of the State[1]

 

 


 

 

[1] Charles-Louis de Secondat, baron de Montesquieu, De l’Espirit des lois, bk viii, chs i, xi (1748) in: Œuvres complètes, vol. 2, pp. 349, 357, 359 (R. Caillois ed. 1951)(S.H. transl.)

 

Criminal Law Convention on Corruption

Preamble

 The member States of the Council of Europe and the other States signatory hereto,

 Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

 Recognising the value of fostering co-operation with the other States signatories to this Convention;

 Convinced of the need to pursue, as a matter of priority, a common criminal policy aimed at the protection of society against corruption, including the adoption of appropriate legislation and preventive measures;

 Emphasising that corruption threatens the rule of law, democracy and human rights, undermines good governance, fairness and social justice, distorts competition, hinders economic development and endangers the stability of democratic institutions and the moral foundations of society;

 Believing that an effective fight against corruption requires increased, rapid and well-functioning international co-operation in criminal matters;

 Welcoming recent developments which further advance international understanding and co-operation in combating corruption, including actions of the United Nations, the World Bank, the International Monetary Fund, the World Trade Organisation, the Organisation of American States, the OECD and the European Union;

 Having regard to the Programme of Action against Corruption adopted by the Committee of Ministers of the Council of Europe in November 1996 following the recommendations of the 19th Conference of European Ministers of Justice (Valletta, 1994);

 Recalling in this respect the importance of the participation of non-member States in the Council of Europe’s activities against corruption and welcoming their valuable contribution to the implementation of the Programme of Action against Corruption;

 Further recalling that Resolution No. 1 adopted by the European Ministers of Justice at their 21st Conference (Prague, 1997) recommended the speedy implementation of the Programme of Action against Corruption, and called, in particular, for the early adoption of a criminal law convention providing for the co-ordinated incrimination of corruption offences, enhanced co-operation for the prosecution of such offences as well as an effective follow-up mechanism open to member States and non-member States on an equal footing;

 Bearing in mind that the Heads of State and Government of the Council of Europe decided, on the occasion of their Second Summit held in Strasbourg on 10 and 11 October 1997, to seek common responses to the challenges posed by the growth in corruption and adopted an Action Plan which, in order to promote co-operation in the fight against corruption, including its links with organised crime and money laundering, instructed the Committee of Ministers, inter alia, to secure the rapid completion of international legal instruments pursuant to the Programme of Action against Corruption;

 Considering moreover that Resolution (97) 24 on the 20 Guiding Principles for the Fight against Corruption, adopted on 6 November 1997 by the Committee of Ministers at its 101st Session, stresses the need rapidly to complete the elaboration of international legal instruments pursuant to the Programme of Action against Corruption;

In view of the adoption by the Committee of Ministers, at its 102nd Session on 4 May 1998, of Resolution (98) 7 authorising the partial and enlarged agreement establishing the « Group of States against Corruption – GRECO », which aims at improving the capacity of its members to fight corruption by following up compliance with their undertakings in this field,

 Have agreed as follows:

 Chapter I – Use of terms

 Article 1 – Use of terms

 For the purposes of this Convention:

 a    « public official » shall be understood by reference to the definition of « official », « public officer », « mayor », « minister » or « judge » in the national law of the State in which the person in question performs that function and as applied in its criminal law;

 b    the term « judge » referred to in sub-paragraph a above shall include prosecutors and holders of judicial offices;

c    in the case of proceedings involving a public official of another State, the prosecuting State may apply the definition of public official only insofar as that definition is compatible with its national law;

 d    « legal person » shall mean any entity having such status under the applicable national law, except for States or other public bodies in the exercise of State authority and for public international organisations.

 Chapter II – Measures to be taken at national level

 Article 2 – Active bribery of domestic public officials

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any undue advantage to any of its public officials, for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions.

 Article 3 – Passive bribery of domestic public officials

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the request or receipt by any of its public officials, directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions.

 Article 4 – Bribery of members of domestic public assemblies

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3, when involving any person who is a member of any domestic public assembly exercising legislative or administrative powers.

 Article 5 – Bribery of foreign public officials

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3, when involving a public official of any other State.

 Article 6 – Bribery of members of foreign public assemblies

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3, when involving any person who is a member of any public assembly exercising legislative or administrative powers in any other State.

 Article 7 – Active bribery in the private sector

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally in the course of business activity, the promising, offering or giving, directly or indirectly, of any undue advantage to any persons who direct or work for, in any capacity, private sector entities, for themselves or for anyone else, for them to act, or refrain from acting, in breach of their duties.

 Article 8 – Passive bribery in the private sector

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, in the course of business activity, the request or receipt, directly or indirectly, by any persons who direct or work for, in any capacity, private sector entities, of any undue advantage or the promise thereof for themselves or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in breach of their duties.

 Article 9 – Bribery of officials of international organisations

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3, when involving any official or other contracted employee, within the meaning of the staff regulations, of any public international or supranational organisation or body of which the Party is a member, and any person, whether seconded or not, carrying out functions corresponding to those performed by such officials or agents.

 Article 10 – Bribery of members of international parliamentary assemblies

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Article 4 when involving any members of parliamentary assemblies of international or supranational organisations of which the Party is a member.

 Article 11 – Bribery of judges and officials of international courts

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3 involving any holders of judicial office or officials of any international court whose jurisdiction is accepted by the Party.

 Article 12 – Trading in influence

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, 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 in consideration thereof, whether the undue advantage is for himself or herself or for anyone else, as well as the request, receipt or the acceptance of the offer or the promise of such an advantage, in consideration of that influence, whether or not the influence is exerted or whether or not the supposed influence leads to the intended result.

 Article 13 – Money laundering of proceeds from corruption offences

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Products from Crime (ETS No. 141), Article 6, paragraphs 1 and 2, under the conditions referred to therein, when the predicate offence consists of any of the criminal offences established in accordance with Articles 2 to 12 of this Convention, to the extent that the Party has not made a reservation or a declaration with respect to these offences or does not consider such offences as serious ones for the purpose of their money laundering legislation.

 Article 14 – Account offences

 Each Party shall adopt such legislative and other measures as may be necessary to establish as offences liable to criminal or other sanctions under its domestic law the following acts or omissions, when committed intentionally, in order to commit, conceal or disguise the offences referred to in Articles 2 to 12, to the extent the Party has not made a reservation or a declaration:

 

a    creating or using an invoice or any other accounting document or record containing false or incomplete information;

 b    unlawfully omitting to make a record of a payment.

 Article 15 – Participatory acts

 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law aiding or abetting the commission of any of the criminal offences established in accordance with this Convention.

 Article 16 – Immunity

 The provisions of this Convention shall be without prejudice to the provisions of any Treaty, Protocol or Statute, as well as their implementing texts, as regards the withdrawal of immunity.

 Article 17 – Jurisdiction

 1    Each Party shall adopt such legislative and other measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with Articles 2 to 14 of this Convention where:

 a    the offence is committed in whole or in part in its territory;

 b    the offender is one of its nationals, one of its public officials, or a member of one of its domestic public assemblies;

 c    the offence involves one of its public officials or members of its domestic public assemblies or any person referred to in Articles 9 to 11 who is at the same time one of its nationals.

 2    Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraphs 1 b and c of this article or any part thereof.

 3    If a Party has made use of the reservation possibility provided for in paragraph 2 of this article, it shall adopt such measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with this Convention, in cases where an alleged offender is present in its territory and it does not extradite him to another Party, solely on the basis of his nationality, after a request for extradition.

 4    This Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with national law.

 Article 18 – Corporate liability

 1    Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons can be held liable for the criminal offences of active bribery, trading in influence and money laundering established in accordance with this Convention, committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on:

 – a power of representation of the legal person; or

 – an authority to take decisions on behalf of the legal person; or

 – an authority to exercise control within the legal person;

 as well as for involvement of such a natural person as accessory or instigator in the above-mentioned offences.

 2    Apart from the cases already provided for in paragraph 1, each Party shall take the necessary measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of the criminal offences mentioned in paragraph 1 for the benefit of that legal person by a natural person under its authority.

 3    Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators of, or accessories to, the criminal offences mentioned in paragraph 1.

 Article 19 – Sanctions and measures

 1    Having regard to the serious nature of the criminal offences established in accordance with this Convention, each Party shall provide, in respect of those criminal offences established in accordance with Articles 2 to 14, effective, proportionate and dissuasive sanctions and measures, including, when committed by natural persons, penalties involving deprivation of liberty which can give rise to extradition.

 2    Each Party shall ensure that legal persons held liable in accordance with Article 18, paragraphs 1 and 2, shall be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

 3    Each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences established in accordance with this Convention, or property the value of which corresponds to such proceeds.

 Article 20 – Specialised authorities

 Each Party shall adopt such measures as may be necessary to ensure that persons or entities are specialised in the fight against corruption. They shall have the necessary independence in accordance with the fundamental principles of the legal system of the Party, in order for them to be able to carry out their functions effectively and free from any undue pressure. The Party shall ensure that the staff of such entities has adequate training and financial resources for their tasks.

 Article 21 – Co-operation with and between national authorities

 Each Party shall adopt such measures as may be necessary to ensure that public authorities, as well as any public official, co-operate, in accordance with national law, with those of its authorities responsible for investigating and prosecuting criminal offences:

 a    by informing the latter authorities, on their own initiative, where there are reasonable grounds to believe that any of the criminal offences established in accordance with Articles 2 to 14 has been committed, or

 b    by providing, upon request, to the latter authorities all necessary information.

 Article 22 – Protection of collaborators of justice and witnesses

 Each Party shall adopt such measures as may be necessary to provide effective and appropriate protection for:

 a    those who report the criminal offences established in accordance with Articles 2 to 14 or otherwise co-operate with the investigating or prosecuting authorities;

 b    witnesses who give testimony concerning these offences.

 Article 23 – Measures to facilitate the gathering of evidence and the confiscation of proceeds

 1    Each Party shall adopt such legislative and other measures as may be necessary, including those permitting the use of special investigative techniques, in accordance with national law, to enable it to facilitate the gathering of evidence related to criminal offences established in accordance with Article 2 to 14 of this Convention and to identify, trace, freeze and seize instrumentalities and proceeds of corruption, or property the value of which corresponds to such proceeds, liable to measures set out in accordance with paragraph 3 of Article 19 of this Convention.

 2    Each Party shall adopt such legislative and other measures as may be necessary to empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized in order to carry out the actions referred to in paragraph 1 of this article.

 3    Bank secrecy shall not be an obstacle to measures provided for in paragraphs 1 and 2 of this article.

 Chapter III – Monitoring of implementation

 Article 24 – Monitoring

 The Group of States against Corruption (GRECO) shall monitor the implementation of this Convention by the Parties.

 Chapter IV – International co-operation

 Article 25 – General principles and measures for international co-operation

 1    The Parties shall co-operate with each other, in accordance with the provisions of relevant international instruments on international co-operation in criminal matters, or arrangements agreed on the basis of uniform or reciprocal legislation, and in accordance with their national law, to the widest extent possible for the purposes of investigations and proceedings concerning criminal offences established in accordance with this Convention.

 2    Where no international instrument or arrangement referred to in paragraph 1 is in force between Parties, Articles 26 to 31 of this chapter shall apply.

 3    Articles 26 to 31 of this chapter shall also apply where they are more favourable than those of the international instruments or arrangements referred to in paragraph 1.

 Article 26 – Mutual assistance

 1    The Parties shall afford one another the widest measure of mutual assistance by promptly processing requests from authorities that, in conformity with their domestic laws, have the power to investigate or prosecute criminal offences established in accordance with this Convention.

 2    Mutual legal assistance under paragraph 1 of this article may be refused if the requested Party believes that compliance with the request would undermine its fundamental interests, national sovereignty, national security or ordre public.

 3    Parties shall not invoke bank secrecy as a ground to refuse any co-operation under this chapter. Where its domestic law so requires, a Party may require that a request for co-operation which would involve the lifting of bank secrecy be authorised by either a judge or another judicial authority, including public prosecutors, any of these authorities acting in relation to criminal offences.

 Article 27 – Extradition

 1    The criminal offences established in accordance with this Convention shall be deemed to be included as extraditable offences in any extradition treaty existing between or among the Parties. The Parties undertake to include such offences as extraditable offences in any extradition treaty to be concluded between or among them.

 2    If a Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any criminal offence established in accordance with this Convention.

 3    Parties that do not make extradition conditional on the existence of a treaty shall recognise criminal offences established in accordance with this Convention as extraditable offences between themselves.

 4    Extradition shall be subject to the conditions provided for by the law of the requested Party or by applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.

 5    If extradition for a criminal offence established in accordance with this Convention is refused solely on the basis of the nationality of the person sought, or because the requested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case to its competent authorities for the purpose of prosecution unless otherwise agreed with the requesting Party, and shall report the final outcome to the requesting Party in due course.

 Article 28 – Spontaneous information

 Without prejudice to its own investigations or proceedings, a Party may without prior request forward to another Party information on facts when it considers that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offences established in accordance with this Convention or might lead to a request by that Party under this chapter.

 Article 29 – Central authority

 1    The Parties shall designate a central authority or, if appropriate, several central authorities, which shall be responsible for sending and answering requests made under this chapter, the execution of such requests or the transmission of them to the authorities competent for their execution.

 2    Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities designated in pursuance of paragraph 1 of this article.

Article 30 – Direct communication

 1    The central authorities shall communicate directly with one another.

 2    In the event of urgency, requests for mutual assistance or communications related thereto may be sent directly by the judicial authorities, including public prosecutors, of the requesting Party to such authorities of the requested Party. In such cases a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.

 3    Any request or communication under paragraphs 1 and 2 of this article may be made through the International Criminal Police Organisation (Interpol).

 4    Where a request is made pursuant to paragraph 2 of this article and the authority is not competent to deal with the request, it shall refer the request to the competent national authority and inform directly the requesting Party that it has done so.

 5    Requests or communications under paragraph 2 of this article, which do not involve coercive action, may be directly transmitted by the competent authorities of the requesting Party to the competent authorities of the requested Party.

 6    Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this chapter are to be addressed to its central authority.

 Article 31 – Information

 The requested Party shall promptly inform the requesting Party of the action taken on a request under this chapter and the final result of that action. The requested Party shall also promptly inform the requesting Party of any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly.

 Chapter V – Final provisions

 Article 32 – Signature and entry into force

 1    This Convention shall be open for signature by the member States of the Council of Europe and by non-member States which have participated in its elaboration. Such States may express their consent to be bound by:

 a    signature without reservation as to ratification, acceptance or approval; or

 b    signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

 2    Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

 3    This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which fourteenth States have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1. Any such State, which is not a member of the Group of States against Corruption (GRECO) at the time of ratification, shall automatically become a member on the date the Convention enters into force.

 4    In respect of any signatory State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of their consent to be bound by the Convention in accordance with the provisions of paragraph 1. Any signatory State, which is not a member of the Group of States against Corruption (GRECO) at the time of ratification, shall automatically become a member on the date the Convention enters into force in its respect.

 Article 33 – Accession to the Convention

 1    After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Contracting States to the Convention, may invite the European Community as well as any State not a member of the Council and not having participated in its elaboration to accede to this Convention, by a decision taken by the majority provided for in Article 20d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.

 2    In respect of the European Community and any State acceding to it under paragraph 1 above, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. The European Community and any State acceding to this Convention shall automatically become a member of GRECO, if it is not already a member at the time of accession, on the date the Convention enters into force in its respect.

 Article 34 – Territorial application

 1    Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

 2    Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

 3    Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

 Article 35 – Relationship to other conventions and agreements

 1    This Convention does not affect the rights and undertakings derived from international multilateral conventions concerning special matters.

 2    The Parties to the Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.

 3    If two or more Parties have already concluded an agreement or treaty in respect of a subject which is dealt with in this Convention or otherwise have established their relations in respect of that subject, they shall be entitled to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Convention, if it facilitates international co-operation.

Article 36 – Declarations

 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it will establish as criminal offences the active and passive bribery of foreign public officials under Article 5, of officials of international organisations under Article 9 or 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.

 Article 37 – Reservations

 1    Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, reserve its right not to establish as a criminal offence under its domestic law, in part or in whole, the conduct referred to in Articles 4, 6 to 8, 10 and 12 or the passive bribery offences defined in Article 5.

 2    Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession declare that it avails itself of the reservation provided for in Article 17, paragraph 2.

 3    Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession declare that it may refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence which the requested Party considers a political offence.

 4    No State may, by application of paragraphs 1, 2 and 3 of this article, enter reservations to more than five of the provisions mentioned thereon. No other reservation may be made. Reservations of the same nature with respect to Articles 4, 6 and 10 shall be considered as one reservation.

 Article 38 – Validity and review of declarations and reservations

 Chart of renewal of declarations or reservations

 1    Declarations referred to in Article 36 and reservations referred to in Article 37 shall be valid for a period of three years from the day of the entry into force of this Convention in respect of the State concerned. However, such declarations and reservations may be renewed for periods of the same duration.

 2    Twelve months before the date of expiry of the declaration or reservation, the Secretariat General of the Council of Europe shall give notice of that expiry to the State concerned. No later than three months before the expiry, the State shall notify the Secretary General that it is upholding, amending or withdrawing its declaration or reservation. In the absence of a notification by the State concerned, the Secretariat General shall inform that State that its declaration or reservation is considered to have been extended automatically for a period of six months. Failure by the State concerned to notify its intention to uphold or modify its declaration or reservation before the expiry of that period shall cause the declaration or reservation to lapse.

 3    If a Party makes a declaration or a reservation in conformity with Articles 36 and 37, it shall provide, before its renewal or upon request, an explanation to GRECO, on the grounds justifying its continuance.

 Article 39 – Amendments

 1    Amendments to this Convention may be proposed by any Party, and shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe and to every non-member State which has acceded to, or has been invited to accede to, this Convention in accordance with the provisions of Article 33.

 2    Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems (CDPC), which shall submit to the Committee of Ministers its opinion on that proposed amendment.

 3    The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDPC and, following consultation of the non-member States Parties to this Convention, may adopt the amendment.

 4 The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance.

 5    Any amendment adopted in accordance with paragraph 3 of this article shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.

 Article 40 – Settlement of disputes

 1    The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the interpretation and application of this Convention.

 2    In case of a dispute between Parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on Crime Problems, to an arbitral tribunal whose decisions shall be binding upon the Parties, or to the International Court of Justice, as agreed upon by the Parties concerned.

 Article 41 – Denunciation

 1    Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

 2    Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

 Article 42 – Notification

 The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Convention of:

 a    any signature;

b    the deposit of any instrument of ratification, acceptance, approval or accession;

 c    any date of entry into force of this Convention in accordance with Articles 32 and 33;

 d    any declaration or reservation made under Article 36 or Article 37;

 e    any other act, notification or communication relating to this Convention.

 In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

 Done at Strasbourg, this 27th day of January 1999, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to it.

 Criminal Law Convention on Corruption[1]

 

 


 

 

[1] Strasbourg, 27.I.1999 The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European Community shall be read as the European Union.

70 million euros (770 million dirhams) to finance the assistance program for the agricultural sectoral policy.

Morocco and the European Union signed, on Friday in Rabat, an agreement worth 70 million euros (770 million dirhams) to finance the assistance program for the agricultural sectoral policy.

This new program will support the implementation of the Moroccan Green Plan benefitting the rural zone, notably the solidarity-based agriculture sector which includes 800,000 farmers and covers 10% of the usable agricultural land.

The agreement was signed by Economy and Finance Minister Salaheddine Mezouar, Agriculture and Fisheries Minister Aziz Akhannouch and the head of the EU delegation in Rabat, Ambassador Eneko Landaburu.

The assistance program for the agricultural sectoral policy will span three years and target the eastern region as well as the regions of Draa, Boulemane and Tafilalet.

It is aimed at gradually upgrading the industries of red meat, date palms, olives and other local products mainly truffles.

This will help ramp up production, improve farmers’ income, create job opportunities and promote the quality of processed products.

map[1]

 

 

 


 

 

[1] Morocco and the European Union signed, on Friday in Rabat, an agreement worth 70 million euros (770 million dirhams) to finance the assistance program for the agricultural sectoral policy.

 

Fund of 25 mln dollars allocated to promote trade

The Moroccan government has started to implement stimulating measures, aiming to promote trade and investment between Morocco and its African partners in 2011, notably allocating a $ 25 million fund, said, on Thursday in Ouagadougou (Burkina Faso), Morocco’s Foreign Trade Minister Abdellatif Maazouz. During a meeting that brought together Moroccan and Burkinabé decision makers, on the sidelines of the 3rd Caravan of Economic Partnership in Africa, Maazouz underlined that, as part of these stimulating measures, the flow of Moroccan private investment in Africa is being liberalized and many other actions have been taken, with a view to promote inter-African trade. Tackling south-south trade and its major impact on the growth rates posted by emerging economies despite the crisis, the minister stressed the need to further boost inter-African change. Analysts consider Africa as one of the main sources of global growth in the upcoming decades, with over one million inhabitants, a $1,600 billion GDP in 2008 and consumption worth $860 billion, he said, underscoring that Africa also comprises 60% of the uncultivated arable lands in the world. Recalling that trade between Morocco and Burkina Faso exceeded $ 25 million in 2009, he called for further reinforcing this trade and taking more initiatives to involve the private sectors of the two countries. In this regard, he called for signing the preferential trade and investment draft agreement, which was initialed late 2008 by Morocco and the West African Economic and Monetary Union (UEMOA), including Burkina Faso.

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Fund of 25 mln dollars allocated to promote trade between Morocco and its African partners, Minister

Trade exchanges between US and Morocco

Trade exchanges between the United States and Morocco, bound by a free trade agreement, witnessed « a significant growth » over the past few years, American Assistant Secretary for Economic, Energy and Business Affairs José W. Fernandez said on Thursday in Washington.

The US official, who was speaking at a press conference following his tour in the Maghreb region, said that bilateral trade ties could be further boosted, highlighting the business opportunities offered by Morocco and the United States.

Fernandez called for bringing the two countries’ businessmen closer as part of the US-North Africa partnership for economic opportunity which was recently launched. Since the enforcement of the free trade agreement in 2006, the volume of trade exchanges between Morocco and the US increased by around 150% to reach 2.3 billion dollars in 2008.Morocco’s exports to the US rose by 99%, over the same period, to 879 billion dollars, according to figures provided by the US Department of Commerce. Washington

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[1] Trade exchanges between US and Morocco witness ‘significant growth’, US official

Morocco’s phosphates and derivatives

Morocco’s exports of phosphates and derivatives stood at 29.29 billion dirhams(1 Dirham = 0.117 USD) up to late October 2010 against 15.65 billion dirhams last year, a 87.2% rise, according to Morocco’s exchange rate monitoring body « Office des Changes ».

 Phosphoric acid exports rose 67.7%, reaching more than 11.42 billion dirhams against 6.80 billion dirhams, with a volume up 26.9%.

 As to exports of natural and chemical fertilizers, they increased 5.42 billion dirhams, standing at 10.47 billion dirhams compared to 5.04 billion dirhams, with a volume up 41%, the office said.

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[1] Morocco‘s phosphates and derivatives exports up more than 87% at end Oct.

Morocco, AFESD sign over $ 200 mln financing agreement

Morocco and the Arab Fund for Economic and Social Development (AFESD) signed, on Thursday in Rabat, a 1.8 bln dirham ($ 214 million) agreement to contribute to the financing of the Tangier-Med II and Dar Khrofa dam projects.

 

The signing ceremony was presided over by Moroccan Economy Minister, Salaheddine Mezouar, Director General and President of AFESD’s Board of Directors, Abdellatif Youssef Al Hamad and President of the Executive Board of Tangier-Mediterranean Special Agency (TMSA), Toufiq Ibrahimi.

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[1] Morocco, AFESD sign over $ 200 mln financing agreement

Morocco,success story economically

Morocco is, in many ways, a « success story » economically, said Assistant Secretary of State for Economic, Energy and Business Affairs, José W. Fernandez, underlining that he was « very much impressed » by the economic growth achieved in the last few years and the opportunities that the country offers. »Morocco is, in many ways, a success story economically, » the American official told MAP in an interview, highlighting Renault Nissan’s announcement of a billion dollar investment project in Tangiers to produce cars which will be exported to Europe. Proximity to Europe was among the reasons that motivated the French firm’s choice, as they « believed the infrastructure would be built and would be able to support this investment, » underlined Fernandez, who will pay a visit to Morocco, on December 6-7, as a part of a Maghreb tour.Fernandez, who attended the World Economic Forum, held in Marrakech on October 26-28, underscored that « liberalization helped Morocco to compete, » noting that the kingdom enjoys « a great potential to export not just to the US but to Europe as well. » American investors would like to see better relations between Morocco and the US, as they believe there are great opportunities, he stressed, adding that he « would like to see more trade between Morocco and the USA. »Since the Free Trade Agreement came into effect in 2006, economic trade between Morocco and the US posted a 150% increase, reaching 2.3 billion dollars.In addition to Morocco, the American official will visit Libya, Tunisia and Algeria, where he will take part in a summit on the US-Maghreb entrepreneurship, the US Department of State announced on Wednesday.This tour aims to « promote entrepreneurship and deepen economic relations with the Maghreb, » the same source maintained.

 

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[1] Morocco, « success story » economically, American official says

Morocco,rural electrification

Morocco and the Saudi-based Islamic Development Bank (IDB) inked, on Tuesday in Rabat, several agreements worth 51.7 million dollars (around 410 million dirhams) to finance the last phase of the rural electrification program.

 The deals were concluded by Economy Minister Salaheddine Mezouar and IDB’s Chairman Ahmed Mohamed Ali. The signing ceremony was attended mainly by Energy Minister Amina Benkhadra and head of Morocco’s electricity facility (ONE) Ali Fassi Fihri.

 

On this occasion, Mezouar lauded the outstanding role played by the IDB in promoting Morocco’s socio-economic development and spurring its economic growth.

 

He also stressed that the Bank is a key-partner of Morocco, mainly in terms of carrying out social development programs, including the rural electrification program.The IDB’s chairman hailed the excellent relations between the north African country and the Bank, underlining the importance of partnership with the ONE which contributed to the rural electrification program in Senegal, thus bolstering Morocco’s crucial role in backing the development of the IDB’s Sub-Saharan member states.Since 1975, the funding of the Islamic Development Bank for Morocco totaled some 31 billion dirhams (3.8 billion dollars), invested notably in the sectors of agriculture, irrigation, rural electrification and drinking water.

 

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[1] Morocco,IDB sign $51.7mln-agreements to finance rural electrification project Morocco,IDB sign $51.7mln-agreements to finance rural electrification project

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