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Download XMLVerdrag inzake de strafrechtelijke bestrijding van corruptie
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Albanië | Ja | Nee |
| Andorra | Ja | Nee |
| Armenië | Ja | Nee |
| Azerbeidzjan | Ja | Nee |
| Belarus | Ja | Nee |
| België | Ja | Nee |
| Bosnië en Herzegovina | Ja | Nee |
| Bulgarije | Ja | Nee |
| Cyprus | Ja | Nee |
| Denemarken | Ja | Nee |
| Duitsland | Ja | Nee |
| Estland | Ja | Nee |
| Finland | Ja | Nee |
| Frankrijk | Ja | Nee |
| Georgië | Ja | Nee |
| Griekenland | Ja | Nee |
| Hongarije | Ja | Nee |
| Ierland | Ja | Nee |
| IJsland | Ja | Nee |
| Italië | Ja | Nee |
| Kroatië | Ja | Nee |
| Letland | Ja | Nee |
| Liechtenstein | Ja | Nee |
| Litouwen | Ja | Nee |
| Luxemburg | Ja | Nee |
| Malta | Ja | Nee |
| Moldavië | Ja | Nee |
| Monaco | Ja | Nee |
| Montenegro | Ja | Nee |
| Nederlanden, het Koninkrijk der | Ja | Nee |
| Noorwegen | Ja | Nee |
| Oekraïne | Ja | Nee |
| Oostenrijk | Ja | Nee |
| Polen | Ja | Nee |
| Portugal | Ja | Nee |
| Roemenië | Ja | Nee |
| Russische Federatie | Ja | Nee |
| San Marino | Ja | Nee |
| Servië | Ja | Nee |
| Slovenië | Ja | Nee |
| Slowakije | Ja | Nee |
| Spanje | Ja | Nee |
| Tsjechië | Ja | Nee |
| Verenigd Koninkrijk | Ja | Nee |
| Zweden | Ja | Nee |
| Zwitserland | Ja | Nee |
Albanië
18-07-2005
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
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.
Andorra
06-05-2008
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.
[...]
This reservation has been renewed by Andorra for successive periods of three years.
The latest renewal will take effect on 1 September 2023.
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)
Armenië
09-01-2006
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.
Pursuant to Article 29 of the Convention, the Republic of Armenia declares that it
designates the following central authorities, which shall be responsible for co-operation
under Chapter IV of the Convention:
a. The General Prosecutor's office of the Republic of Armenia for the criminal offences
at the pre-trial stage;
b. The Ministry of Justice of the Republic of Armenia for the criminal offences at
the trial stage.
Azerbeidzjan
11-02-2004
[...]
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.
This reservation has been renewed by Azerbaijan for successive periods of three years.
The latest renewal took effect on 1 June 2022.
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
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.
Belarus
06-11-2007
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.
België
23-03-2004
1. According to Article 37, paragraph 1, of the Convention, Belgium reserves the right
to establish as a criminal offence under its domestic law the conduct referred to
in Articles 7 and 8 of the Convention only if such conduct was committed in view of
the accomplishment or the omission of an act, without the knowledge and without authorisation,
as the case may be, of the board of directors or of the general meeting, of the principal
or of the employer.
2. According to Article 37, paragraph 1, of the Convention, Belgium reserves the right
not to establish as a criminal offence under its domestic law the conduct referred
to in Article 12 of the Convention which does not concern the use by a person holding
a public function of the influence - be it real influence or supposed influence -
that he or she disposes of owing to his or her function.
These reservations have been renewed by Belgium for successive periods of three years.
The latest renewal took effect on 1 July 2016.
28-05-2004
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.
Bosnië en Herzegovina
29-10-2003
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.
07-09-2011
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
Bulgarije
01-12-2003
Bulgaria declares that the central authority for the purposes of Article 29 of the Convention is the Ministry of Justice.
Cyprus
17-01-2001
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.
This reservation has been renewed by Cyprus for successive periods of three years.
The latest renewal took effect on 1 July 2020.
24-10-2003
The central authority designated by Cyprus in pursuance of Article 29 of the Convention
is:
Ministry of Justice and Public Order
Denemarken
02-08-2000
With regard to Article 37, paragraph 1, of the Convention, Denmark reserves the right
not to establish as a criminal offence under Danish law, in part or in whole, the
conduct referred to in Article 12.
With regard to Article 37, paragraph 2, of the Convention, Denmark reserves the right
to apply Article 17, paragraph 1b, in cases where the offender is one of its nationals,
only if the offence is also a criminal offence according to the law of the Party where
the offence was committed (dual criminality).
With regard to article 37, paragraph 3, of the Convention, Denmark reserves the right
to refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns
an offence which according to Danish law is considered a political offence.
These reservations have been renewed by Denmark for successive periods of three years.
The latest renewal took effect on 1 July 2023.
In accordance with Article 29, paragraph 2, of the Convention, the Government of Denmark
has designated the Ministry of Justice as competent authority.
In pursuance to Article 34 and until notification to the contrary, the Convention
shall not apply to the Faroe Islands and Greenland.
Duitsland
10-05-2017
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.
Estland
06-12-2001
In accordance with Article 29, paragraph 1, of the Convention, the Republic of Estonia
has designated the Ministry of Justice as the central authority.
Finland
03-10-2002
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.
01-10-2003
The Government of Finland declares that the central authority designated pursuant to Article 29 is the Ministry of Justice.
Frankrijk
25-04-2008
[...]
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.
The latest renewal will take effect on 1 August 2024.
Georgië
10-01-2008
Georgia declares that the Convention shall be applicable on the part of the territory
of Georgia where Georgia exercises its full jurisdiction.
20-06-2008
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
and
Office of the Prosecutor General of Georgia
Griekenland
05-02-2008
[...]
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 matière
pénale
Hongarije
22-11-2000
In accordance with Article 29, paragraph 2, of the Convention, the Republic of Hungary
designates the Ministry of Justice and the State Prosecutor's Office 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.
[...]
Ierland
03-10-2003
In accordance with Article 29, paragraph 2, of the Convention, Ireland designates
as the central authority:
Department of Justice, Equality and Law Reform
IJsland
11-02-2004
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)
Italië
13-06-2013
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.
This reservation has been renewed by Italy for successive periods of three years.
The lastest renewal took effect on 1 October 2016.
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.
05-07-2017
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).
This reservation has been renewed by Italy for successive periods of three years,
the latest as on 1 October 2022.
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.
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).
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.
Kroatië
08-11-2000
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
Letland
09-02-2001
For the purposes of the Convention, the Republic of Latvia declares that the term
"national" relates to the citizens of the Republic of Latvia and to the non-citizens
who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens
of Latvia or any other State.
In accordance with Article 29, paragraph 2, of the Convention, the Republic of Latvia
declares that the authorities designated in pursuance of Article 29, paragraph 1,
are:
1) Ministry of the Interior - during pre-trial investigation until prosecution
2) Prosecutor General's Office - during pre-trial investigation until submitting the
case to the court
3) Ministry of Justice - during the trial
Liechtenstein
09-12-2016
In accordance with Article 29 of the Convention, the central authority designated
by the Principality of Liechtenstein is the following:
Office de la Justice
Litouwen
08-03-2002
The Republic of Lithuania designates the Ministry of Justice of Lithuania and the Prosecutor's General Office under the Supreme Court of the Republic of Lithuania as the central authorities which shall be responsible for the implementation of the provisions of Article 29 of the Convention.
Luxemburg
13-07-2005
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.
Malta
15-05-2003
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
For requests other than those concerning extradition :
The Attorney General The Palace
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.
Moldavië
14-01-2004
The provisions of the Convention will not be applicable on the territory effectively
controlled by the institutions of the self-proclaimed transnistrian republic until
the durable settlement of the conflict from this region.
According to Article 29, paragraph 1, of the Convention, the following central authorities
of the Republic of Moldova have been designated as the authorities competent for its
implementation:
a) the Prosecutor General Office - for mutual assistance requests formulated within
the criminal proceedings stage, including the requests for extradition;
b) the Ministry of Justice - for mutual assistance requests formulated within the
judicial stage and that of the execution of the sentences, including the requests
for extradition.
Monaco
19-03-2007
In accordance with the provisions of Article 17, paragraph 2, of the Convention, the
Principality of Monaco reserves its right not to establish its jurisdiction when the
offender is one of its nationals or one of its public officials and when the offences
are not punished by the Law of the territory on which they have been committed. When
the offence implies one of its public officials or a member of its public or national
assemblies or any other person referred to in Articles 9 to 11 who is at the same
time one of its nationals, the rules of jurisdiction set in paragraphs 1b and c of
Article 17 apply without prejudice of the provisions of Articles 5 to 10 of Monaco's
Code of Criminal Procedure concerning the exercise of public action for crimes and
offences committed outside of the Principality.
[...]
This reservation has been renewed by Monaco for successive periods of three years.
The latest renewal took effect on 1 July 2016.
25-04-2007
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".
The specialised authority is the "Service d'Information et de Contrôle des Circuits
Financiers (SICCFIN)".
18-01-2019
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 on 1 July 2019.
31-03-2022
The Prince's Government of Monaco wishes to proceed with the partial withdrawal of
the reservation formulated in application of the provisions of Article 37, paragraph
2, and Article 17, paragraph 2, of the Convention, taking into account the legislative
amendments made to comply with GRECO's recommendation on the matter, but which do
not make it possible to envisage a total withdrawal of the reservation.
Thus, said reservation must now be read as follows:
“In accordance with the provisions of Article 17, paragraph 2, the Principality of
Monaco reserves the right not to establish its jurisdiction over a criminal offence
referred to in Article 14, when the offender is one of its nationals and when the
offences are not punished by the law of the territory where they had been committed.
When the offense referred to in Articles 13 or 14 involves one of its public officials
or a member of its public or national assemblies or any other person referred to in
Articles 9 to 11 who is at the same time one of its nationals, the rules of jurisdiction
set in paragraphs 1.b and c of Article 17 apply without prejudice of the provisions
of Articles 5 to 10 of Monaco’s Code of Criminal Procedure concerning the exercise
of public action for crimes and offences committed outside of the Principality.”
Montenegro
19-10-2006
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.
Nederlanden, het Koninkrijk der
11-04-2002
In accordance with Article 37, paragraph 1, the Netherlands will not fulfil the obligation
under Article 12.
In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph
1, the Netherlands may exercise jurisdiction in the following cases:
a. in respect of a criminal offence that is committed in whole or in part on the Dutch
territory;
b. - over both Dutch nationals and Dutch public officials in respect of offences established
in accordance with Article 2 and in respect of offences established in accordance
with Articles 4 to 6 and Articles 9 to 11 in conjunction with Article 2, where these
constitute criminal offences under the law of the country in which they were committed;
- over Dutch public officials and also over Dutch nationals who are not Dutch public
officials in respect of offences established in accordance with Articles 4 to 6 and
9 to 11 in conjunction with Article 3, where these constitute criminal offences under
the law of the country in which they were committed;
- over Dutch nationals in respect of offences established in accordance with Articles
7, 8, 13 and 14, where these constitute criminal offences under the law of the country
in which they were committed;
c. over Dutch nationals involved in an offence that constitutes a criminal offence
under the law of the country in which it was committed.
This reservation has been renewed by The Netherlands for successive periods of three
years. The latest renewal will take effect on 1 August 2023.
28-09-2010
The Kingdom of the Netherlands declares that [...] the reservations [made in accordance
with Article 37, paragraphs 1 and 2, of the Convention] shall also apply to [the Caribbean]
part of the Netherlands as from 10 October 2010.
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.
09-01-2012
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
Noorwegen
02-03-2004
In accordance with Article 29 of the Convention, the Kingdom of Norway declares that
the designated authorities are:
1. the central authority concerning mutual assistance, Ref. Article 26:
Investigation and Prosecution of Economic and Environmental Crime (Økokrim)
2. the central authority concerning Extradition, Ref. Article 27:
The Ministry of Justice and the Police
Oekraïne
27-11-2009
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).
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.
11-07-2019
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).
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
Oostenrijk
25-09-2013
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
Polen
11-12-2002
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.
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).
Portugal
07-05-2002
In accordance with Article 29 of the Convention, the Republic of Portugal designates
the following central authority:
Procuradoria Geral Da Republica
Roemenië
11-07-2002
In accordance with Article 29 of the Convention, Romania designates the following
authorities:
a) the Prosecutor's Office attached to the Supreme Court of Justice, for the requests
of judicial assistance formulated in pre-trial investigation
b) the Ministry of Justice, for the requests of judicial assistance formulated during
the trial or execution of punishment, as well as for the requests of extradition
Russische Federatie
05-01-2009
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.
20-03-2023
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.
San Marino
04-11-2016
In accordance with Article 29 of the Convention, the central authorities for the Republic
of San Marino is:
Segreteria di Stato Affari Esteri
Servië
20-07-2006
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
- Ministry of Internal Affairs of the Republic of Serbia
Department against Organised Crime
Finance Intelligence Unit
Section for the Suppression of Corruption
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.
Slovenië
15-12-2003
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
Slowakije
09-06-2000
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.
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.
with respect to Article 27:
For receiving requests of extradition: the General Prosecutor's Office of the Slovak
Republic.
For sending requests for extradition: the Ministry of Justice of the Slovak Republic.
03-09-2020
Central authority: Updating of contact information:
(Articles 26 and 27) Ministry of Justice of the Slovak Republic
[…]
Spanje
28-04-2010
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)
If this Convention were to be extended by the United Kingdom to Gibraltar, Spain would
like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under
the responsibility of the United Kingdom and which is subject to a decolonisation
process in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in a distribution and attribution
of competences performed by the United Kingdom in compliance with its internal legislation,
in its capacity as sovereign State on which the mentioned non-autonomous territory
depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the
application of this Convention will be understood as carried out exclusively as part
of the internal competences of Gibraltar and cannot be considered to modify in any
way what was established in the two previous paragraphs.
31-01-2017
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.
Tsjechië
08-09-2000
In accordance with Article 30, paragraph 2, of the Convention, the Czech Republic
notifies that for the purposes of the Convention, the following authorities shall
be henceforth considered as judicial authorities:
Supreme Prosecutor's Office of the Czech Republic, High Prosecutor's Office in Prague,
High Prosecutor's Office in Olomouc, regional and district prosecutors' offices, Municipal
Prosecutor's Office in Brno, Municipal Prosecutor's Office in Prague, District Prosecutor's
Offices in Prague, Ministry of Justice of the Czech Republic, Supreme Court of the
Czech Republic, High Court in Prague, High Court in Olomouc, regional and district
courts, Municipal Court in Brno, Municipal Court in Prague and district courts in
Prague.
06-10-2014
The declaration of central authorities made in accordance with Article 29 of the Convention:
a) the Supreme Prosecutor's Office of the Czech Republic for requests originating
from pre-trial proceedings;
b) the Ministry of Justice of the Czech Republic for other requests.
Verenigd Koninkrijk
09-12-2003
Section 109 of the Anti-terrorism, Crime and Security Act 2001 (and section 69 of
the Criminal Justice (Scotland) Act 2003) extend the normal jurisdiction of the United
Kingdom courts over any offence of bribery at common law or under the Public Bodies
Corrupt Practices Act 1889 or the Prevention of Corruption Act 1906 ("the 1906 Act")
to cover offences by United Kingdom nationals which take place outside the United
Kingdom. The United Kingdom therefore applies the jurisdictional rule laid down in
Article 17, paragraph 1 (b), except that United Kingdom jurisdiction is limited to
United Kingdom nationals, and accordingly does not cover public officials or members
of domestic public assemblies except where they are United Kingdom nationals. The
United Kingdom therefore makes a declaration under Article 17, paragraph 2, that it
reserves the right to apply the jurisdictional rule laid down in paragraph 1.b only
where the offender is a United Kingdom national. In addition, the United Kingdom makes
a declaration under Article 17, paragraph 2 that it reserves the right not to apply
the jurisdictional rule laid down in paragraph 1.c at all. Since United Kingdom law
places no bar on the extradition of United Kingdom nationals, the United Kingdom does
not need to change the law to meet the requirements of Article 17, paragraph 3.
[...]
The conduct referred to in Article 12 is covered by United Kingdom law in so far as
an agency relationship exists between the person who trades his influence and the
person he influences. However not all of the conduct referred to in Article 12 is
criminal under United Kingdom law. Accordingly, in accordance with Article 37, paragraph
1, the United Kingdom reserves the right not to establish as a criminal offence all
of the conduct referred to in Article 12.
These reservations have been renewed by the United Kingdom for successive periods
of three years. The latest renewal took effect on 1 April 2022.
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;
and that its central authorities for extradition are:
For England, Wales and Northern Ireland:
- the Home Office;
For Scotland:
- the Crown Office.
11-09-2007
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.
13-12-2012
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.
As regards Article 12, not all of the potential scope of conduct referred to in Article
12 is criminal under United Kingdom law. Accordingly, in accordance with Article 38,
paragraph 2, the United Kingdom upholds its reservation made under Article 37, paragraph
1, and reserves the right not to establish as a criminal offence all the conduct referred
to in Article 12.
As regards Article 17, section 12 of the Bribery Act 2010 establishes jurisdiction
of the United Kingdom courts over the offences at section 1, 2 and 6 commited outside
the United Kingdom by persons with a close connection to the United Kingdom. Persons
with a close connection to the United Kingdom are persons who hold United Kingdom
nationality in its various forms as set out in section 12 and other persons who are
ordinarily resident in the United Kingdom. The United Kingdom therefore applies the
jurisdictional rule laid down in Article 17, paragraph1.b, except that United Kingdom
jurisdiction is limited to public officials or members of domestic public assemblies
who are also United Kingdom nationals or are ordinarily resident in the United kingdom.
The United Kingdom therefore amends its declaration made under Article 17, paragraph
2, so 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 or other person ordinarily
resident in the United Kingdom. The change in the law affected by section 12 of the
Bribery Act has no impact on the reservation concerning Article 17, paragraph 1.c.
Accordingly, the United Kingdom upholds its declaration made under Article 17, paragraph
2 and reserves the right not to apply the jurisdictional rule laid down in paragraph
1.c at all.
25-06-2013
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
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.
These reservations have been renewed by Jersey for successive periods of three years.
The latest renewal took effect on 1 October 2022.
Zweden
25-06-2004
Sweden makes the explanatory statement that, in Sweden's view, a ratification of the
Convention does not mean that its membership of the Group of States against Corruption
(GRECO) cannot be reviewed if reasons to do so arise in the future.
Sweden makes a reservation against the undertaking to introduce criminal provisions
for trading in influence (Article 12 of the Convention).
Sweden reserves the right not to exercise jurisdiction solely on the grounds that
a crime under the Convention involves a Swedish citizen who is an official of an international
organisation or court, a member of a parliamentary assembly of an international or
supranational organisation or a judge at an international court (Article 17.1 c of
the Convention).
Sweden also reserves the right to maintain a requirement of dual criminality for Swedish
juridiction for acts committed abroad.
These reservations have been renewed by Sweden for a period of three years as from
1 October 2022.
As central authority Sweden designates the Government Offices of Sweden (the Swedish
Ministry of Justice).
Zwitserland
31-03-2006
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 has been renewed by Switzerland for successive periods of three
years. The latest renewal will effect on 1 July 2024.
The central authority designated by Switzerland pursuant to Article 29 is the "Office
fédéral de la justice".