The purpose of this Convention is to promote cooperation to prevent and combat transnational organized crime more effectively.

For the purposes of this Convention:

(a)     “Organized criminal group” shall mean a structured group of three or more persons, existing for a period of time and acting in concert with  the  aim  of  committing  one  or  more  serious  crimes  or  offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit;

(b)     “Serious crime” shall mean conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty;

(c)     “Structured group” shall mean a group that is not randomly formed for the immediate commission of an offence and that does not need to  have  formally  defined  roles  for  its  members,  continuity  of  its membership or a developed structure;

(d)     “Property” shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets;

(e)     “Proceeds of crime” shall mean any property derived from or obtained, directly or indirectly, through the commission of an offence;

(f)     “Freezing” or “seizure” shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority;

(g)     “Confiscation”,  which  includes  forfeiture  where  applicable, shall mean the permanent deprivation of property by order of a court or other competent authority;

(h)     “Predicate offence” shall mean any offence as a result of which proceeds have been generated that may become the subject of an offence as defined in article 6 of this Convention;

(i)     “Controlled delivery” shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the  knowledge  and  under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence;

(j)     “Regional economic integration organization” shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to it; references to “States Parties” under this Convention shall apply to such organizations within the limits of their competence.

1. This Convention shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of:

(a) The offences established in accordance with articles 5, 6, and 23 of this Convention; and

(b) Serious crime as defined in article 2 of this Convention;

where the offence is transnational in nature and involves an organized criminal group.

2. For the purpose of paragraph 1 of this article, an offence is transnational in nature if:

(a) It is committed in more than one State;

(b) It is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State;

(c) It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State; or

(d) It is committed in one State but has substantial effects in another State.

1.     States  Parties  shall  carry  out  their  obligations  under  this Convention in a manner consistent with the principles of sovereign equality and  territorial  integrity  of  States  and  that  of  non-intervention  in  the domestic affairs of other States.

2.     Nothing in this Convention entitles a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law.

1.     Each  State  Party  shall  adopt  such  legislative  and  other measures as may be necessary to establish as criminal offences, when committed intentionally:

(a)     Either or both of the following as criminal offences distinct from those involving the attempt or completion of the criminal activity:

(i)     Agreeing with one or more other persons to commit a serious crime for a purpose relating directly or indirectly to the obtaining of a financial or other material benefit and, where required by domestic law,  involving  an  act  undertaken  by  one  of  the  participants  in furtherance of the agreement or involving an organized criminal group;

(ii)    Conduct by a person who, with knowledge of either the aim and general criminal activity of an organized criminal group or its intention to commit the crimes in question, takes an active part in:

a.    Criminal activities of the organized criminal group;

b.    Other activities of the organized criminal group in the knowledge  that  his  or  her  participation  will  contribute  to  the achievement of the above-described criminal aim;

(b)     Organizing,   directing,   aiding,   abetting,   facilitating   or counselling  the  commission  of  serious  crime  involving  an  organized criminal group.

2.    The knowledge, intent, aim, purpose or agreement referred to in  paragraph    1  of  this  article  may be  inferred  from  objective  factual circumstances.

3.     States Parties whose domestic law requires involvement of an organized  criminal  group  for  purposes  of  the  offences  established  in accordance with paragraph 1 (a) (i) of this article shall ensure that their domestic  law  covers  all  serious  crimes  involving  organized  criminal groups. Such States Parties, as well as States Parties whose domestic law requires an act in furtherance of the agreement for purposes of the offences established in accordance with paragraph 1 (a) (i) of this article, shall so inform the Secretary-General of the United Nations at the time of their signature or of deposit of their instrument of ratification, acceptance or approval of or accession to this Convention.

1.     Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be   necessary   to   establish   as   criminal   offences,   when   committed intentionally:

(a)     (i) The conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of his or her action;

(ii)    The  concealment  or  disguise  of  the  true  nature,  source, location,  disposition,  movement  or  ownership  of  or  rights  with respect to property, knowing that such property is the proceeds of crime;

(b)    Subject to the basic concepts of its legal system:

(i)    The acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceeds of crime;

(ii)     Participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.

2.    For purposes of implementing or applying paragraph 1 of this article:

(a)    Each State Party shall seek to apply paragraph 1 of this article to the widest range of predicate offences;

(b)     Each State Party shall include as predicate offences all serious crime as defined in article 2 of this Convention and the offences established in accordance with articles 5, 8 and 23 of this Convention. In the case of States Parties whose legislation sets out a list of specific predicate offences, they shall, at a minimum, include in such list a comprehensive range of offences associated with organized criminal groups;

(c)     For the purposes of subparagraph (b), predicate offences shall include offences committed both within and outside the jurisdiction of the State  Party  in  question.  However,  offences  committed  outside  the jurisdiction of a State Party shall constitute predicate offences only when the relevant conduct is a criminal offence under the domestic law of the State where it is committed and would be a criminal offence under the domestic law of the State Party implementing or applying this article had it been committed there;

(d)    Each State Party shall furnish copies of its laws that give effect to this article and of any subsequent changes to such laws or a description thereof to the Secretary-General of the United Nations;

(e)     If required by fundamental principles of the domestic law of a State Party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who committed the predicate offence;

(f)    Knowledge, intent or purpose required as an element of an offence set forth in paragraph    1 of this article may be inferred from objective factual circumstances.

1.    Each State Party:

(a)    Shall  institute  a  comprehensive  domestic  regulatory  and supervisory  regime  for  banks  and  non-bank  financial  institutions  and, where  appropriate,  other  bodies  particularly  susceptible  to  money- laundering, within its competence, in order to deter and detect all forms of money-laundering,   which   regime   shall   emphasize   requirements   for customer  identification,  record-keeping  and  the  reporting  of  suspicious transactions;

(b)    Shall,  without  prejudice  to  articles    18  and    27  of  this Convention, ensure that administrative, regulatory, law enforcement and other  authorities  dedicated  to  combating  money-laundering (including, where appropriate under domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by its domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential money-laundering.

2.     States Parties shall consider implementing feasible measures to detect and monitor the movement of cash and appropriate negotiable instruments across their borders, subject to safeguards to ensure proper use of  information  and  without  impeding  in  any  way  the  movement  of legitimate  capital.  Such  measures  may  include  a  requirement  that individuals and businesses report the cross-border transfer of substantial quantities of cash and appropriate negotiable instruments.

3.     In establishing a domestic regulatory and supervisory regime under the terms of this article, and without prejudice to any other article of this Convention, States Parties are called upon to use as a guideline the relevant initiatives of regional, interregional and multilateral organizations against money-laundering.

4.    States Parties shall endeavour to develop and promote global, regional,  subregional  and  bilateral  cooperation  among  judicial,  law enforcement and financial regulatory authorities in order to combat money- laundering.

1.     Each  State  Party  shall  adopt  such  legislative  and  other measures as may be necessary to establish as criminal offences, when committed intentionally:

(a)     The promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;

(b)     The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.

2.     Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences conduct referred to in paragraph 1 of this article involving a foreign public official  or  international  civil servant. Likewise, each State Party shall consider establishing as criminal offences other forms of corruption.

3.     Each State Party shall also adopt such measures as may be necessary to establish as a criminal offence participation as an accomplice in an offence established in accordance with this article.

4.     For the purposes of paragraph 1 of this article and article 9 of this Convention, “public official” shall mean a public official or a person who provides a public service as defined in the domestic law and as applied in the criminal law of the State Party in which the person in question performs that function.

1. In addition to the measures set forth in article 8 of this Convention, each State Party shall, to the extent appropriate and consistent with its legal system, adopt legislative, administrative or other effective measures to promote integrity and to prevent, detect and punish the corruption of public officials.

2. Each State Party shall take measures to ensure effective action by its authorities in the prevention, detection and punishment of the corruption of public officials, including providing such authorities with adequate independence to deter the exertion of inappropriate influence on their actions.

1.     Each  State  Party  shall  adopt  such  measures  as  may  be necessary, consistent with its legal principles, to establish the liability of legal persons for participation in serious crimes involving an organized criminal group and for the offences established in accordance with articles 5, 6, 8 and 23 of this Convention.

2.     Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.

3.     Such  liability  shall  be  without  prejudice  to  the  criminal liability of the natural persons who have committed the offences.

4.     Each State Party shall, in particular, ensure that legal persons held  liable  in  accordance  with  this  article  are  subject  to  effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions

1.     Each State Party shall make the commission of an offence established in accordance with articles 5, 6, 8 and 23 of this Convention liable to sanctions that take into account the gravity of that offence.

2.     Each   State   Party   shall   endeavour   to   ensure   that   any discretionary  legal  powers  under  its  domestic  law  relating  to  the prosecution  of  persons  for  offences  covered  by  this  Convention  are exercised to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences.

3.     In the case of offences established in accordance with articles 5, 6, 8 and 23 of this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights  of  the  defence,  to  seek  to  ensure  that  conditions  imposed  in connection with decisions on release pending trial or appeal take into consideration  the  need  to  ensure  the  presence  of  the  defendant  at subsequent criminal proceedings.

4.     Each State Party shall ensure that its courts or other competent authorities bear in mind the grave nature of the offences covered by this Convention when considering the eventuality of early release or parole of persons convicted of such offences.

5.    Each State Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence covered by this Convention and a longer period where the alleged offender has evaded the administration of justice.

6.     Nothing contained in this Convention shall affect the principle that the description of the offences established in accordance with this Convention and of the applicable legal defences or other legal principles controlling the lawfulness of conduct is reserved to the domestic law of a State Party and that such offences shall be prosecuted and punished in accordance with that law.

1.     States Parties shall adopt, to the greatest extent possible within their domestic legal systems, such measures as may be necessary to enable confiscation of:

(a)    Proceeds  of  crime  derived  from  offences  covered  by  this Convention or property the value of which corresponds to that of such proceeds;

(b)     Property,  equipment  or  other  instrumentalities  used  in  or destined for use in offences covered by this Convention.

2.     States Parties shall adopt such measures as may be necessary to enable the identification, tracing, freezing or seizure of any item referred to in paragraph 1 of this article for the purpose of eventual confiscation.

3.     If proceeds of crime have been transformed or converted, in part or in full, into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.

4.     If proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.

5.     Income or other benefits derived from proceeds of crime, from property into which proceeds of crime have been transformed or converted or from property with which proceeds of crime have been intermingled shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds of crime.

6.     For  the  purposes  of  this  article  and  article     13  of  this Convention, each State Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized. States Parties shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.

7.    States Parties may consider the possibility of requiring that an offender demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation, to the extent that such a requirement is consistent with the principles of their domestic law and with the nature of the judicial and other proceedings.

8.    The  provisions  of  this  article  shall  not  be  construed  to prejudice the rights of bona fide third parties.

9.     Nothing contained in this article shall affect the principle that the  measures to  which  it  refers shall be defined and implemented in accordance with and subject to the provisions of the domestic law of a State Party.

1. A State Party that has received a request from another State Party having jurisdiction over an offence covered by this Convention for confiscation of proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, of this Convention situated in its territory shall, to the greatest extent possible within its domestic legal system:

(a) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such an order is granted, give effect to it; or

(b) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party in accordance with article 12, paragraph 1, of this Convention insofar as it relates to proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, situated in the territory of the requested State Party.

2. Following a request made by another State Party having jurisdiction over an offence covered by this Convention, the requested State Party shall take measures to identify, trace and freeze or seize proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, of this Convention for the purpose of eventual confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the requested State Party.

3. The provisions of article 18 of this Convention are applicable, mutatis mutandis, to this article. In addition to the information specified in article 18, paragraph 15, requests made pursuant to this article shall contain:

(a) In the case of a request pertaining to paragraph 1 (a) of this article, a description of the property to be confiscated and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law;

(b) In the case of a request pertaining to paragraph 1 (b) of this article, a legally admissible copy of an order of confiscation upon which the request is based issued by the requesting State Party, a statement of the facts and information as to the extent to which execution of the order is requested;

(c) In the case of a request pertaining to paragraph 2 of this article, a statement of the facts relied upon by the requesting State Party and a description of the actions requested.

4. The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with and subject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may be bound in relation to the requesting State Party.

5. Each State Party shall furnish copies of its laws and regulations that give effect to this article and of any subsequent changes to such laws and regulations or a description thereof to the Secretary-General of the United Nations.

6. If a State Party elects to make the taking of the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention the necessary and sufficient treaty basis.

7. Cooperation under this article may be refused by a State Party if the offence to which the request relates is not an offence covered by this Convention.

8. The provisions of this article shall not be construed to prejudice the rights of bona fide third parties.

9. States Parties shall consider concluding bilateral or multilateral treaties, agreements or arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this article.

1.    Proceeds of crime or property confiscated by a State Party pursuant to articles    12 or 13, paragraph    1, of this Convention shall be disposed of by that State Party in accordance with its domestic law and administrative procedures.

2.     When acting on the request made by another State Party in accordance with article 13 of this Convention, States Parties shall, to the extent  permitted  by  domestic  law  and  if  so  requested,  give  priority consideration to returning the confiscated proceeds of crime or property to the requesting State Party so that it can give compensation to the victims of the crime or return such proceeds of crime or property to their legitimate owners.

3.     When acting on the request made by another State Party in accordance with articles 12 and 13 of this Convention, a State Party may give special consideration to concluding agreements or arrangements on:

(a)     Contributing the value of such proceeds of crime or property or funds derived from the sale of such proceeds of crime or property or a part  thereof  to  the  account  designated  in  accordance  with  article 30, paragraph 2 (c),  of  this  Convention  and  to  intergovernmental  bodies specializing in the fight against organized crime;

(b)     Sharing with other States Parties, on a regular or case-by-case basis, such proceeds of crime or property, or funds derived from the sale of such proceeds of crime or property, in accordance with its domestic law or administrative procedures.

1.    Each  State  Party  shall  adopt  such  measures  as  may  be necessary  to  establish  its  jurisdiction  over  the  offences  established  in accordance with articles 5, 6, 8 and 23 of this Convention when:

(a)    The offence is committed in the territory of that State Party; or

(b)    The offence is committed on board a vessel that is flying the flag of that State Party or an aircraft that is registered under the laws of that State Party at the time that the offence is committed.

2.    Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offence when:

(a)    The offence is committed against a national of that State Party;

(b)    The offence is committed by a national of that State Party or a stateless person who has his or her habitual residence in its territory; or

(c)    The offence is:

(i)    One  of  those  established  in  accordance  with  article    5, paragraph 1, of this Convention and is committed outside its territory with a view to the commission of a serious crime within its territory;

(ii)     One  of  those  established  in  accordance  with  article     6, paragraph 1 (b) (ii), of this Convention and is committed outside its territory with a view to the commission of an offence established in accordance with article 6, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory.

3.    For  the  purposes  of  article    16,  paragraph    10,  of  this Convention,  each  State  Party  shall  adopt  such  measures  as  may  be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.

4.     Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite him or her.

5.     If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that one or more other States Parties are conducting an investigation, prosecution or judicial  proceeding  in  respect  of  the  same  conduct,  the  competent authorities of those States Parties shall, as appropriate, consult one another with a view to coordinating their actions.

6.     Without prejudice to norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

1.     This  article  shall  apply  to  the  offences  covered  by  this Convention or in cases where an offence referred to in article 3, paragraph 1 (a) or (b), involves an organized criminal group and the person who is the subject of the request for extradition is located in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.

2.     If the request for extradition includes several separate serious crimes, some of which are not covered by this article, the requested State Party may apply this article also in respect of the latter offences.

3.     Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

4.     If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party  with  which  it  has  no  extradition  treaty,  it  may  consider  this Convention the legal basis for extradition in respect of any offence to which this article applies.

5.    States  Parties  that  make  extradition  conditional  on  the existence of a treaty shall:

(a)     At the  time of deposit of  their  instrument  of ratification, acceptance,  approval  of  or  accession  to  this  Convention,  inform  the Secretary-General  of  the  United  Nations  whether  they  will  take  this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention; and

(b)     If they do not take this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude treaties on extradition  with  other  States  Parties  to  this  Convention  in  order  to implement this article.

6.     States Parties that do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between themselves.

7.     Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.

8.     States Parties shall, subject to their domestic law, endeavour to expedite extradition procedures and to simplify evidentiary requirements relating thereto in respect of any offence to which this article applies.

9.     Subject  to  the  provisions  of  its  domestic  law  and  its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

10.     A State Party in whose territory an alleged offender is found, if it does not extradite such person in respect of an offence to which this article applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural  and  evidentiary  aspects,  to  ensure  the  efficiency  of  such prosecution.

11.     Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State Party to serve the sentence imposed as a result of the trial or proceedings for which the extradition or surrender of the person was sought and that State Party and the State Party seeking the extradition of the person agree with this option and other terms that they may deem appropriate, such conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 10 of this article.

12.     If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is a national of the requested State Party, the requested Party shall, if its domestic law so permits and in conformity with the requirements of such law, upon application of the requesting Party, consider the enforcement of the sentence that has been imposed under the domestic law of the requesting Party or the remainder thereof.

13.     Any person regarding whom proceedings are being carried out in connection with any of the offences to which this article applies shall be guaranteed  fair  treatment  at  all  stages  of  the  proceedings,  including enjoyment of all the rights and guarantees provided by the domestic law of the State Party in the territory of which that person is present.

14.     Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s sex, race, religion, nationality, ethnic origin or political opinions or that compliance with the request would cause prejudice to that person’s position for any one of these reasons.

15.     States Parties may not refuse a request for extradition on the sole ground that the offence is also considered to involve fiscal matters.

16.     Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample  opportunity  to  present  its  opinions  and  to  provide  information relevant to its allegation.

17.     States Parties shall seek to conclude bilateral and multilateral agreements or arrangements to carry out or to enhance the effectiveness of extradition.

States Parties may consider entering into bilateral or multilateral agreements or arrangements on the transfer to their territory of persons sentenced to imprisonment or other forms of deprivation of liberty for offences covered by this Convention, in order that they may complete their sentences there.

1.     States Parties shall afford one another the widest measure of mutual  legal  assistance  in  investigations,  prosecutions  and  judicial proceedings in relation to the offences covered by this Convention as provided for in article 3 and shall reciprocally extend to one another similar assistance where the requesting State Party has reasonable grounds to suspect that the offence referred to in article 3, paragraph 1 (a) or (b), is transnational  in  nature,  including  that  victims,  witnesses,  proceeds, instrumentalities or evidence of such offences are located in the requested State Party and that the offence involves an organized criminal group.

2.     Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested  State  Party  with  respect  to  investigations,  prosecutions  and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 10 of this Convention in the requesting State Party.

3.    Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes:

(a)    Taking evidence or statements from persons;

(b)    Effecting service of judicial documents;

(c)    Executing searches and seizures, and freezing;

(d)    Examining objects and sites;

(e)    Providing   information,   evidentiary   items   and   expert evaluations;

(f)    Providing originals or certified copies of relevant documents and records, including government, bank, financial, corporate or business records;

(g)    Identifying   or   tracing   proceeds   of   crime,   property, instrumentalities or other things for evidentiary purposes;

(h)    Facilitating  the  voluntary  appearance  of  persons  in  the requesting State Party;

(i)    Any  other  type  of  assistance  that  is  not  contrary  to  the domestic law of the requested State Party.

4.     Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal matters to a competent authority in another State Party where they believe that such information could assist the authority in undertaking or successfully concluding inquiries and criminal proceedings or could result  in  a  request  formulated  by  the  latter  State  Party  pursuant  to  this Convention.

5.     The transmission of information pursuant to paragraph     4 of this article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information shall comply with a request that  said  information  remain  confidential,  even  temporarily,  or  with restrictions on its use. However, this shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person. In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party. If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay.

6.     The provisions of this article shall not affect the obligations under any other treaty, bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal assistance.

7.     Paragraphs 9 to 29 of this article shall apply to requests made pursuant to this article if the States Parties in question are not bound by a treaty of mutual legal assistance. If those States Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States Parties agree to apply paragraphs 9 to 29 of this article in lieu thereof. States Parties are strongly encouraged to apply these paragraphs if they facilitate cooperation.

8.     States  Parties  shall  not  decline  to  render  mutual  legal assistance pursuant to this article on the ground of bank secrecy.

9.     States Parties may decline to render mutual legal assistance pursuant to this article on the ground of absence of dual criminality. However,  the  requested  State  Party  may,  when  it  deems  appropriate, provide assistance, to the extent it decides at its discretion, irrespective of whether the conduct would constitute an offence under the domestic law of the requested State Party.

10.     A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings in relation to offences covered by this Convention may be transferred if the following conditions are met:

(a)    The person freely gives his or her informed consent;

(b)    The competent authorities of both States Parties agree, subject to such conditions as those States Parties may deem appropriate.

11.     For the purposes of paragraph 10 of this article:  

(a)    The State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State Party from which the person was transferred;

(b)     The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties;

(c)     The State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiate extradition proceedings for the return of the person;

(d)     The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State Party to which he or she was transferred.

12.     Unless the State Party from which a person is to be transferred in accordance with paragraphs 10 and 11 of this article so agrees, that person, whatever his or her nationality, shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts,  omissions  or  convictions  prior  to his or her departure from the territory of the State from which he or she was transferred.

13.     Each State Party shall designate a central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. Where a State Party has a special region or territory with a separate system of mutual legal assistance, it may designate a distinct central authority that shall have the same function for that region or territory. Central authorities shall ensure the speedy and proper execution or  transmission  of  the  requests  received.  Where  the  central  authority transmits  the  request  to  a  competent  authority  for  execution,  it  shall encourage the speedy and proper execution of the request by the competent authority. The Secretary-General of the United Nations shall be notified of the central authority designated for this purpose at the time each State Party deposits  its  instrument  of  ratification,  acceptance  or  approval  of  or accession to this Convention. Requests for mutual legal assistance and any communication related thereto shall be transmitted to the central authorities designated  by  the  States  Parties.  This  requirement  shall  be  without prejudice to the right of a State Party to require that such requests and communications be addressed to it through diplomatic channels and, in urgent   circumstances,   where   the   States   Parties   agree,   through   the International Criminal Police Organization, if possible.

14.    Requests shall be made in writing or, where possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, under conditions allowing that State Party to establish authenticity. The Secretary-General of the United Nations shall be notified of the language or languages acceptable to each State Party at the time it deposits its instrument of ratification, acceptance or approval of or accession to this Convention. In urgent circumstances and where agreed by the States Parties, requests may be made orally, but shall be confirmed in writing forthwith.

15.    A request for mutual legal assistance shall contain:

(a)    The identity of the authority making the request;

(b)    The subject matter and nature of the investigation, prosecution or judicial proceeding to which the request relates and the name and functions  of  the  authority  conducting  the  investigation,  prosecution  or judicial proceeding;

(c)    A summary of the relevant facts, except in relation to requests for the purpose of service of judicial documents;

(d)    A description  of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed;

(e)    Where possible, the identity, location and nationality of any person concerned; and

(f)    The purpose for which the evidence, information or action is sought.

16.     The requested State Party may request additional information when it appears necessary for the execution of the request in accordance with its domestic law or when it can facilitate such execution.

17.     A request shall be executed in accordance with the domestic law of the requested State Party and, to the extent not contrary to the domestic  law  of  the  requested  State  Party  and  where  possible,  in accordance with the procedures specified in the request.

18.     Wherever possible and consistent with fundamental principles of domestic law, when an individual is in the territory of a State Party and has to be heard as a witness or expert by the judicial authorities of another State Party, the first State Party may, at the request of the other, permit the hearing to take place by video conference if it is not possible or desirable for the individual in question to appear in person in the territory of the requesting State Party. States Parties may agree that the hearing shall be conducted by a judicial authority of the requesting State Party and attended by a judicial authority of the requested State Party.

19.     The   requesting   State   Party   shall   not  transmit   or   use information  or  evidence  furnished  by  the  requested  State  Party  for investigations, prosecutions or judicial proceedings other than those stated in the request without the prior consent of the requested State Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing in its proceedings information or evidence that is exculpatory to an accused person. In the latter case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if so requested, consult with the requested State Party. If, in an exceptional case, advance notice is not possible, the requesting State Party shall inform the requested State Party of the disclosure without delay.

20.     The requesting State Party may require that the requested State Party keep confidential the fact and substance of the request, except to the extent necessary to execute the request. If the requested State Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting State Party.

21.    Mutual legal assistance may be refused:

(a)    If the request is not made in conformity with the provisions of this article;

(b)     If the requested State Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests;

(c)     If  the  authorities  of  the  requested  State  Party  would  be prohibited by its domestic law from carrying out the action requested with regard  to  any  similar  offence,  had  it  been  subject  to  investigation, prosecution or judicial proceedings under their own jurisdiction;

(d)     If it would be contrary to the legal system of the requested State Party relating to mutual legal assistance for the request to be granted.

22.     States  Parties  may  not  refuse  a  request  for  mutual  legal assistance on the sole ground that the offence is also considered to involve fiscal matters.

23.    Reasons  shall  be  given  for  any  refusal  of  mutual  legal assistance.

24.     The requested State Party shall execute the request for mutual legal assistance as soon as possible and shall take as full account as possible of any deadlines suggested by the requesting State Party and for which reasons are given, preferably in the request. The requested State Party shall respond to reasonable requests by the requesting State Party on progress of its handling of the request. The requesting State Party shall promptly inform the requested State Party when the assistance sought is no longer required.

25.    Mutual legal assistance may be postponed by the requested State Party on the ground that it interferes with an ongoing investigation, prosecution or judicial proceeding.

26.     Before refusing a request pursuant to paragraph     21 of this article or postponing its execution pursuant to paragraph 25 of this article, the requested State Party shall consult with the requesting State Party to consider whether assistance may be granted subject to such terms and conditions as it deems necessary. If the requesting State Party accepts assistance subject to those conditions, it shall comply with the conditions.

27.     Without prejudice to the application of paragraph 12 of this article,  a  witness,  expert  or  other  person  who,  at  the  request  of the requesting State Party, consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting  State  Party  shall  not  be  prosecuted,  detained,  punished  or subjected to any other restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions prior to his or her departure from the territory of the requested State Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days or for any period agreed upon by the States Parties from the date on which he or she has been officially informed that his or her presence is no longer required by the judicial authorities, an opportunity  of  leaving,  has  nevertheless  remained  voluntarily  in  the territory of the requesting State Party or, having left it, has returned of his or her own free will.

28.     The ordinary costs of executing a request shall be borne by the requested  State  Party,  unless  otherwise  agreed  by  the  States  Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the States Parties shall consult to determine the terms and conditions under which the request will be executed, as well as the manner in which the costs shall be borne.

29.    The requested State Party:

(a)    Shall  provide  to  the  requesting  State  Party  copies  of government records, documents or information in its possession that under its domestic law are available to the general public;

(b)     May, at its discretion, provide to the requesting State Party in whole, in part or subject to such conditions as it deems appropriate, copies of any government records, documents or information in its possession that under its domestic law are not available to the general public.

30.     States  Parties  shall  consider,  as  may  be  necessary,  the possibility   of   concluding   bilateral   or   multilateral   agreements   or arrangements that would serve the purposes of, give practical effect to or enhance the provisions of this article.

States  Parties  shall  consider  concluding  bilateral  or  multilateral agreements or arrangements whereby, in relation to matters that are the subject of investigations, prosecutions or judicial proceedings in one or more  States,  the  competent  authorities  concerned  may  establish  joint investigative bodies. In the absence of such agreements or arrangements, joint investigations may be undertaken by agreement on a case-by-case basis. The States Parties involved shall ensure that the sovereignty of the State Party in whose territory such investigation is to take place is fully respected.

1.     If  permitted  by  the  basic  principles  of  its  domestic legal system,  each  State  Party  shall,  within  its  possibilities  and  under  the conditions prescribed by its domestic law, take the necessary measures to allow for the appropriate use of controlled delivery and, where it deems appropriate, for the use of other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, by its competent  authorities  in  its  territory  for  the  purpose  of  effectively combating organized crime.

2.     For the purpose of investigating the offences covered by this Convention, States Parties are encouraged to conclude, when necessary, appropriate bilateral or multilateral agreements or arrangements for using such special investigative techniques in the context of cooperation at the international level. Such agreements or arrangements shall be concluded and implemented in full compliance with the principle of sovereign equality of States and shall be carried out strictly in accordance with the terms of those agreements or arrangements.

3.     In the absence of an agreement or arrangement as set forth in paragraph 2 of this article, decisions to use such special investigative techniques at the international level shall be made on a case-by-case basis and may, when necessary, take into consideration financial arrangements and understandings with respect to the exercise of jurisdiction by the States Parties concerned.

4.     Decisions to use controlled delivery at the international level may, with the consent of the States Parties concerned, include methods such as intercepting and allowing the goods to continue intact or be removed or replaced in whole or in part.

States Parties shall consider the possibility of transferring to one another proceedings for the prosecution of an offence covered by this Convention in cases where such transfer is considered to be in the interests of the proper administration of justice, in particular in cases where several jurisdictions are involved, with a view to concentrating the prosecution.

Each State Party may adopt such legislative or other measures as may be necessary to take into consideration, under such terms as and for the purpose that it deems appropriate, any previous conviction in another State of an alleged offender for the purpose of using such information in criminal proceedings relating to an offence covered by this Convention.

Each State Party shall adopt such legislative and other measures as may  be  necessary  to  establish  as  criminal  offences,  when  committed intentionally:

(a)     The  use  of  physical  force,  threats  or  intimidation  or  the promise, offering or giving of an undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding  in relation to the commission of offences covered by this Convention;

(b)     The use of physical force, threats or intimidation to interfere with the exercise of official duties by a justice or law enforcement official in relation to the commission of offences covered by this Convention. Nothing in this subparagraph shall prejudice the right of States Parties to have legislation that protects other categories of public officials.

1.     Each State Party shall take appropriate measures within its means  to  provide  effective  protection  from  potential  retaliation  or intimidation for witnesses in criminal proceedings who give testimony concerning offences covered by this Convention and, as appropriate, for their relatives and other persons close to them.

2.    The measures envisaged in paragraph    1 of this article may include,  inter  alia,  without  prejudice  to  the  rights  of  the  defendant, including the right to due process:  

(a)    Establishing procedures for the physical protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting,  where  appropriate,  non-disclosure  or  limitations  on  the disclosure of information concerning the identity and whereabouts of such persons;

(b)     Providing evidentiary rules to permit witness testimony to be given in a manner that ensures the safety of the witness, such as permitting testimony to be given through the use of communications technology such as video links or other adequate means.

3.     States  Parties  shall  consider  entering  into  agreements  or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article.

4.    The  provisions  of  this  article  shall  also  apply  to  victims insofar as they are witnesses.

1.     Each State Party shall take appropriate measures within its means to provide assistance and protection to victims of offences covered by  this  Convention,  in  particular  in  cases  of  threat  of  retaliation  or intimidation.

2.     Each  State  Party  shall  establish  appropriate  procedures  to provide access to compensation and restitution for victims of offences covered by this Convention.

3.     Each State Party shall, subject to its domestic law, enable views  and  concerns  of  victims  to  be  presented  and  considered  at appropriate stages of criminal proceedings against offenders in a manner not prejudicial to the rights of the defence.

1. Each State Party shall take appropriate measures to encourage persons who participate or who have participated in organized criminal groups:

(a) To supply information useful to competent authorities for investigative and evidentiary purposes on such matters as:

(i) The identity, nature, composition, structure, location or activities of organized criminal groups;

(ii) Links, including international links, with other organized criminal groups;

(iii) Offences that organized criminal groups have committed or may commit;

(b) To provide factual, concrete help to competent authorities that may contribute to depriving organized criminal groups of their resources or of the proceeds of crime.

2. Each State Party shall consider providing for the possibility, in appropriate cases, of mitigating punishment of an accused person who provides substantial cooperation in the investigation or prosecution of an offence covered by this Convention.

3. Each State Party shall consider providing for the possibility, in accordance with fundamental principles of its domestic law, of granting immunity from prosecution to a person who provides substantial cooperation in the investigation or prosecution of an offence covered by this Convention.

4. Protection of such persons shall be as provided for in article 24 of this Convention.

5. Where a person referred to in paragraph 1 of this article located in one State Party can provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider entering into agreements or arrangements, in accordance with their domestic law, concerning the potential provision by the other State Party of the treatment set forth in paragraphs 2 and 3 of this article.

1. States Parties shall cooperate closely with one another, consistent with their respective domestic legal and administrative systems, to enhance the effectiveness of law enforcement action to combat the offences covered by this Convention. Each State Party shall, in particular, adopt effective measures:

(a) To enhance and, where necessary, to establish channels of communication between their competent authorities, agencies and services in order to facilitate the secure and rapid exchange of information concerning all aspects of the offences covered by this Convention, including, if the States Parties concerned deem it appropriate, links with other criminal activities;

(b) To cooperate with other States Parties in conducting inquiries with respect to offences covered by this Convention concerning:

(i) The identity, whereabouts and activities of persons suspected of involvement in such offences or the location of other persons concerned;

(ii) The movement of proceeds of crime or property derived from the commission of such offences;

(iii) The movement of property, equipment or other instrumentalities used or intended for use in the commission of such offences;

(c) To provide, when appropriate, necessary items or quantities of substances for analytical or investigative purposes;

(d) To facilitate effective coordination between their competent authorities, agencies and services and to promote the exchange of personnel and other experts, including, subject to bilateral agreements or arrangements between the States Parties concerned, the posting of liaison officers;

(e) To exchange information with other States Parties on specific means and methods used by organized criminal groups, including, where applicable, routes and conveyances and the use of false identities, altered or false documents or other means of concealing their activities;

(f) To exchange information and coordinate administrative and other measures taken as appropriate for the purpose of early identification of the offences covered by this Convention.

2. With a view to giving effect to this Convention, States Parties shall consider entering into bilateral or multilateral agreements or arrangements on direct cooperation between their law enforcement agencies and, where such agreements or arrangements already exist, amending them. In the absence of such agreements or arrangements between the States Parties concerned, the Parties may consider this Convention as the basis for mutual law enforcement cooperation in respect of the offences covered by this Convention. Whenever appropriate, States Parties shall make full use of agreements or arrangements, including international or regional organizations, to enhance the cooperation between their law enforcement agencies.

3. States Parties shall endeavour to cooperate within their means to respond to transnational organized crime committed through the use of modern technology.

1.     Each State Party shall consider analysing, in consultation with the scientific and academic communities, trends in organized crime in its territory, the circumstances in which organized crime operates, as well as the professional groups and technologies involved.

2.    States Parties shall consider developing and sharing analytical expertise  concerning  organized  criminal  activities  with  each  other  and through international and regional organizations. For that purpose, common definitions, standards and methodologies should be developed and applied as appropriate.

3.     Each State Party shall consider monitoring its policies and actual measures to combat organized crime and making assessments of their effectiveness and efficiency.

1.     Each State Party shall, to the extent necessary, initiate, develop or improve specific training programmes for its law enforcement personnel, including prosecutors, investigating magistrates and customs personnel, and other personnel charged with the prevention, detection and control of the offences  covered  by  this  Convention.  Such  programmes  may  include secondments  and  exchanges  of  staff.  Such  programmes  shall  deal,  in particular and to the extent permitted by domestic law, with the following:

(a)     Methods used in the prevention, detection and control of the offences covered by this Convention;

(b)    Routes   and   techniques   used   by   persons   suspected   of involvement in offences covered by this Convention, including in transit States, and appropriate countermeasures;

(c)    Monitoring of the movement of contraband;

(d)    Detection and monitoring of the movements of proceeds of crime, property, equipment or other instrumentalities and methods used for the transfer, concealment or disguise of such proceeds, property, equipment or other instrumentalities, as well as methods used in combating moneylaundering and other financial crimes;

(e)    Collection of evidence;

(f)    Control techniques in free trade zones and free ports;

(g)    Modern law enforcement equipment and techniques, including electronic surveillance, controlled deliveries and undercover operations;

(h)    Methods  used  in  combating  transnational  organized  crime committed through the use of computers, telecommunications networks or other forms of modern technology; and

(i)    Methods used in the protection of victims and witnesses.

2.    States  Parties  shall  assist  one  another  in  planning  and implementing  research  and  training  programmes  designed  to  share expertise in the areas referred to in paragraph 1 of this article and to that end shall also, when appropriate, use regional and international conferences and  seminars  to  promote  cooperation  and  to  stimulate  discussion  on problems of mutual concern, including the special problems and needs of transit States.

3.     States Parties shall promote training and technical assistance that will facilitate extradition and mutual legal assistance. Such training and technical  assistance  may  include  language  training,  secondments  and exchanges  between  personnel  in  central  authorities  or  agencies  with relevant responsibilities.

4.     In the case of existing bilateral and multilateral agreements or arrangements,  States  Parties  shall  strengthen,  to  the  extent  necessary, efforts to maximize operational and training activities within international and  regional  organizations  and  within  other  relevant  bilateral  and multilateral agreements or arrangements.

1.     States Parties shall take measures conducive to the optimal implementation  of  this  Convention  to  the  extent  possible,  through international  cooperation,  taking  into  account  the  negative  effects  of organized  crime  on  society  in  general,  in  particular  on  sustainable development.

2.     States Parties shall make concrete efforts to the extent possible and in coordination with each other, as well as with international and regional organizations:

(a)     To enhance their cooperation at various levels with developing countries, with a view to strengthening the capacity of the latter to prevent and combat transnational organized crime;

(b)     To enhance financial and material assistance to support the efforts  of  developing  countries  to  fight  transnational  organized  crime effectively and to help them implement this Convention successfully;

(c)     To provide technical assistance to developing countries and countries with economies in transition to assist them in meeting their needs for the implementation of this Convention. To that end, States Parties shall endeavour to make adequate and regular voluntary contributions to an account  specifically  designated  for  that  purpose  in  a  United  Nations funding mechanism. States Parties may also give special consideration, in accordance with their domestic law and the provisions of this Convention, to contributing to the aforementioned account a percentage of the money or of the corresponding value of proceeds of crime or property confiscated in accordance with the provisions of this Convention;

(d)    To   encourage   and   persuade   other   States   and   financial institutions as appropriate to join them in efforts in accordance with this article, in particular by providing more training programmes and modern equipment to developing countries in order to assist them in achieving the objectives of this Convention.

3.     To  the  extent  possible,  these  measures  shall  be  without prejudice to existing foreign assistance commitments or to other financial cooperation arrangements at the bilateral, regional or international level.

4.     States   Parties   may   conclude   bilateral   or   multilateral agreements or arrangements on material and logistical assistance, taking into consideration the financial arrangements necessary for the means of international cooperation provided for by this Convention to be effective and for the prevention, detection and control of transnational organized crime.

1.     States Parties shall endeavour to develop and evaluate national projects and to establish and promote best practices and policies aimed at the prevention of transnational organized crime.

2.     States Parties shall endeavour, in accordance with fundamental principles of their domestic law, to reduce existing or future opportunities for  organized  criminal  groups  to  participate  in  lawful  markets  with proceeds of crime, through appropriate legislative, administrative or other measures. These measures should focus on:

(a)     The strengthening of cooperation between law enforcement agencies or prosecutors and relevant private entities, including industry;

(b)     The   promotion   of   the   development   of   standards   and procedures  designed  to  safeguard  the  integrity  of  public  and  relevant private entities, as well as codes of conduct for relevant professions, in particular lawyers, notaries public, tax consultants and accountants;

(c)     The prevention of the misuse by organized criminal groups of tender procedures conducted by public authorities and of subsidies and licences granted by public authorities for commercial activity;

(d)     The prevention of the misuse of legal persons by organized criminal groups; such measures could include:

(i)     The  establishment  of  public  records  on  legal  and  natural persons involved in the establishment, management and funding of legal persons;

(ii)     The introduction of the possibility of disqualifying by court order or any appropriate means for a reasonable period of time persons  convicted  of  offences  covered  by  this  Convention  from acting  as  directors  of  legal  persons  incorporated  within  their jurisdiction;

(iii)     The establishment of national records of persons disqualified from acting as directors of legal persons; and

(iv)   The exchange of information contained in the records referred to in subparagraphs (d) (i) and (iii) of this paragraph with the competent authorities of other States Parties.

3.     States Parties shall endeavour to promote the reintegration into society of persons convicted of offences covered by this Convention.

4.     States Parties shall endeavour to evaluate periodically existing relevant  legal instruments and administrative practices with a view to detecting their vulnerability to misuse by organized criminal groups.

5.     States Parties shall endeavour to promote public awareness regarding the existence, causes and gravity of and the threat posed by transnational  organized  crime.  Information  may  be  disseminated  where appropriate through the mass media and shall include measures to promote public participation in preventing and combating such crime.

6.     Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that can  assist  other  States  Parties  in  developing  measures  to  prevent transnational organized crime.

7.     States Parties shall, as appropriate, collaborate with each other and relevant international and regional organizations in promoting and developing  the  measures  referred  to  in  this  article.  This  includes participation   in   international   projects   aimed   at   the   prevention   of transnational organized crime, for example by alleviating the circumstances that  render  socially  marginalized  groups  vulnerable  to  the  action  of transnational organized crime.

1. A Conference of the Parties to the Convention is hereby established to improve the capacity of States Parties to combat transnational organized crime and to promote and review the implementation of this Convention.

2. The Secretary-General of the United Nations shall convene the Conference of the Parties not later than one year following the entry into force of this Convention. The Conference of the Parties shall adopt rules of procedure and rules governing the activities set forth in paragraphs 3 and 4 of this article (including rules concerning payment of expenses incurred in carrying out those activities).

3. The Conference of the Parties shall agree upon mechanisms for achieving the objectives mentioned in paragraph 1 of this article, including:

(a) Facilitating activities by States Parties under articles 29, and 31 of this Convention, including by encouraging the mobilization of voluntary contributions;

(b) Facilitating the exchange of information among States Parties on patterns and trends in transnational organized crime and on successful practices for combating it;

(c) Cooperating with relevant international and regional organizations and non-governmental organizations;

(d) Reviewing periodically the implementation of this Convention;

(e) Making recommendations to improve this Convention and its implementation.

4. For the purpose of paragraphs 3 (d) and (e) of this article, the Conference of the Parties shall acquire the necessary knowledge of the measures taken by States Parties in implementing this Convention and the difficulties encountered by them in doing so through information provided by them and through such supplemental review mechanisms as may be established by the Conference of the Parties.

5. Each State Party shall provide the Conference of the Parties with information on its programmes, plans and practices, as well as legislative and administrative measures to implement this Convention, as required by the Conference of the Parties.

1. The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the Parties to the Convention.

2. The secretariat shall:

(a) Assist the Conference of the Parties in carrying out the activities set forth in article 32 of this Convention and make arrangements and provide the necessary services for the sessions of the Conference of the Parties;

(b) Upon request, assist States Parties in providing information to the Conference of the Parties as envisaged in article 32, paragraph 5, of this Convention; and

(c) Ensure the necessary coordination with the secretariats of relevant international and regional organizations.

1.     Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with fundamental principles  of  its  domestic  law,  to  ensure  the  implementation  of  its obligations under this Convention.

2.    The offences established in accordance with articles 5, 6, and 23 of this Convention shall be established in the domestic law of each State Party independently of the transnational nature or the involvement of an organized criminal group as described in article 3, paragraph 1, of this Convention, except to the extent that article 5 of this Convention would require the involvement of an organized criminal group.

3.     Each State Party may adopt more strict or severe measures than those provided for by this Convention for preventing and combating transnational organized crime.

l.     States Parties shall endeavour to settle disputes concerning the interpretation or application of this Convention through negotiation.

2.     Any dispute between two or more States Parties concerning the interpretation or application of this Convention that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.

3.     Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Convention, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.

4.     Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

1.     This Convention shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.

2.    This Convention shall also be open for signature by regional economic integration organizations provided that at least one member State of  such  organization  has  signed  this  Convention  in  accordance  with paragraph 1 of this article.

3.     This  Convention  is  subject  to  ratification,  acceptance  or approval.  Instruments  of  ratification,  acceptance  or  approval  shall  be deposited with the Secretary-General of the United Nations. A regional economic   integration   organization   may   deposit   its   instrument   of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

4.     This Convention is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent  of  its  competence  with  respect  to  matters  governed  by  this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

1.    This  Convention  may  be  supplemented  by  one  or  more protocols.

2.     In order to become a Party to a protocol, a State or a regional economic integration organization must also be a Party to this Convention.

3.     A State Party to this Convention is not bound by a protocol unless it becomes a Party to the protocol in accordance with the provisions thereof.

4.     Any protocol to this Convention shall be interpreted together with this Convention, taking into account the purpose of that protocol.

1.     This Convention shall enter into force on the ninetieth day after  the  date  of  deposit  of  the  fortieth  instrument  of  ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.

2.    For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the fortieth instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument.

1.     After the expiry of five years from the entry into force of this Convention, a State Party may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties present and voting at the meeting of the Conference of the Parties.

2.     Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.

3.     An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.

4.     An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.

5.     When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other  States  Parties  shall  still  be  bound  by  the  provisions  of  this Convention and any earlier amendments that they have ratified, accepted or approved.

1.     A  State  Party  may  denounce  this  Convention  by  written notification  to  the  Secretary-General  of  the  United  Nations.  Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.

2.     A regional economic integration organization shall cease to be a Party to this Convention when all of its member States have denounced it.

3.    Denunciation of this Convention in accordance with paragraph 1 of this article shall entail the denunciation of any protocols thereto.

1. The Secretary-General of the United Nations is designated depositary of this Convention.

2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.