Additional Protocol to the Criminal Law Convention on Corruption

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Azerbaijan	Yes	No
Denmark	Yes	No
Netherlands, the Kingdom of the	Yes	No
Portugal	Yes	No
Russian Federation	Yes	No
Spain	Yes	No
Sweden	Yes	No
Switzerland	Yes	No
Ukraine	Yes	No

Azerbaijan

08-10-2012

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Additional Protocol in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region) until the liberation of those territories from occupation and the complete elimination of the consequences of that occupation [...].

03-04-2013

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Additional Protocol in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of those territories from occupation and the complete elimination of the consequences of that occupation [...].

Denmark

16-11-2005

Pursuant to Article 12 of the Protocol, Denmark declares that, until further notice, the Protocol will not apply to the Faroe Islands and Greenland.

Netherlands, the Kingdom of the

16-11-2005

In conformity with the provisions of Article 10, paragraph 1, and Article 9, paragraph 2, of the Additional Protocol to the Criminal Law Convention on Corruption, the Kingdom of the Netherlands declares that it accepts the said Protocol for the Kingdom in Europe, subject to the following reservations made by the Kingdom of the Netherlands when depositing its instrument of acceptance of the Convention:
In accordance with Article 37, paragraph 2:
With regard to Article 17, paragraph 1, the Netherlands may exercise jurisdiction in the following cases:
a: - in respect of a criminal offence that is committed in whole or in part on Dutch territory;
b: - over both Dutch nationals and Dutch public officials in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Article 4 to 6 and Articles 9 to 11 in conjunction with Article 2, where these constitute criminal offences under the law of the country in which they were committed,
- over Dutch public officials and also over Dutch nationals who are not Dutch public officials in respect of offences established in accordance with Articles 4 to 6 and 9 to 11 in conjunction with Article 3, where these constitute criminal offences under the law of the country in which they were committed,
- over Dutch nationals in respect of offences established in accordance with Articles 7, 8, 13 and 14, where these constitute criminal offences under the law of the country in which they were committed;
c: - over Dutch nationals involved in an offence that constitutes a criminal offence under the law of the country in which it was committed.
In accordance with Article 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.

09-01-2012

The reservation and declaration made by the Kingdom of the Netherlands at the time of acceptance of the Protocol, on 16 November 2005, are confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). The reservation and declaration remain valid for the European part of the Netherlands.

This reservation has been renewed by The Netherlands (for the European part and the Caribbean part) for successive periods of three years. The latest renewal will take effect on 1 August 2023.

27-06-2024

In accordance with Article 12, paragraph 2, of the Additional Protocol to the Criminal Law Convention on Corruption, the Kingdom of the Netherlands accepts the Protocol on behalf of Curaçao.
In accordance with Article 9, paragraph 2, of the Protocol, the Kingdom of the Netherlands, for Curaçao, declares that, in accordance with Article 37, paragraph 2, of the Convention and with regard to Article 17, paragraph 1, of the Convention, it may exercise jurisdiction in the following cases:
a. in respect of a criminal offence that is committed in whole or in part on the territory of Curaçao;
b. - over both Dutch nationals and public officials of Curaçao in respect of offences established in accordance with Article 2, and in respect of offences established in accordance with Articles 4 to 6 and Article 9 to 11 in conjunction with Article 2, where these constitute criminal offences under the law of the country in which they were committed;
- over public officials of Curaçao and also over Dutch nationals who are not public officials of Curaçao in respect of offences established in accordance with Articles 4 to 6 and Article 9 to 11 in conjunction with Article 3, where these constitute criminal offences under the law of the country in which they were committed;
- over Dutch nationals in respect of offences established in accordance with Articles 7, 8, 13 and 14, where these constitute criminal offences under the law of the country in which they were committed;
c. over Dutch nationals involved in an offence that constitutes a criminal offence under the law of the country in which it was committed.
In accordance with Article 9, paragraph 2, of the Protocol, the Kingdom of the Netherlands, for Curaçao, declares that, in accordance with Article 37, paragraph 1, of the Convention, it will not fulfil the obligations under Article 12 of the Convention.

Portugal

12-03-2015

Pursuant to paragraph 2 of Article 9 of the Protocol, the Portuguese Republic reserves the right not to establish the bribery of foreign arbitrators and foreign jurors as criminal offences as described in Article 4 and 6 of the Protocol, except for infractions committed fully or partially in Portuguese territory.

This reservation has been renewed by Portugal by successive periods of three years. The last renewal took effect as from 1 July 2021.

28-03-2024

In accordance with Article 38, paragraph 2, of the Convention, Portugal declares that it withdraws its reservation to Article 9, paragraph 2, of the Protocol made in accordance with Article 37, paragraph 1, of the Convention.

The withdrawal of the reservation will take effect as from 1 July 2024.

Russian Federation

25-03-2022

Depositary communication.
Signatory considered to be suspended as from 16 March 2022.

Spain

17-01-2011

If the Additional Protocol to the Criminal Law Convention on Corruption, dated 15 May 2003, were to be
applied to Gibraltar, Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Protocol will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
4. The process provided for by the Arrangements relating to Gibraltar authorities in the context of certain
international treaties (2007) which have been agreed by Spain and the United Kingdom on 19 December 2007 (jointly with the "Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties", dated 19 April 2000) apply to this Additional Protocol to the Criminal Law Convention on Corruption.

Sweden

25-06-2004

Sweden makes the explanatory statement that, in Sweden's view, a ratification of the Additional Protocol 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.

Switzerland

31-03-2006

Switzerland declares that it will punish offences in the meaning of Articles 4 and 6 of the Additional Protocol 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.

This reservation has been renewed by Switzerland by successive periods of three years as from 1 July 2024.

Ukraine

16-10-2015

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.

19-04-2022

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.

07-12-2023

[…]
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:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text