Tractatenblad 2006, 3

A. TITEL

Verdrag inzake de strafrechtelijke bestrijding van corruptie;

Straatsburg, 27 januari 1999

B. TEKST

De Engelse en Franse tekst van het Verdrag zijn geplaatst in Trb. 2000, 130.

C. VERTALING

Zie Trb. 2000,130.

D. PARLEMENT

Zie Trb. 2002, 109.

E. PARTIJGEGEVENS

Zie Trb. 2000, 130.

Partij	Ondertekening	Ratificatie	Type^1)	Inwerking	Opzegging	Buitenwerking
Albanië	27-01-99	19-07-01	R	01-07-02
Andorra	08-11-01
Armenië	15-05-03
Azerbeidzjan	21-05-03	11-02-04	R	01-06-04
Belarus	23-01-01
België	20-04-99	23-03-04	R	01-07-04
Bosnië-Herzegovina	01-03-00	30-01-02	R	01-07-02
Bulgarije	27-01-99	07-11-01	R	01-07-02
Cyprus	27-01-99	17-01-01	R	01-07-02
Denemarken	27-01-99	02-08-00	R	01-07-02
Duitsland	27-01-99
Estland	08-06-00	06-12-01	R	01-07-02
Finland	27-01-99	03-10-02	R	01-02-03
Frankrijk	09-09-99
Georgië	27-01-99
Griekenland	27-01-99
Hongarije	26-04-99	22-11-00	R	01-07-02
Ierland	07-05-99	03-10-03	R	01-02-04
IJsland	27-01-99	11-02-04	R	01-06-04
Italië	27-01-99
Kroatië	15-09-99	08-11-00	R	01-07-02
Letland	27-01-99	09-02-01	R	01-07-02
Litouwen	27-01-99	08-03-02	R	01-07-02
Luxemburg	27-01-99	13-07-05	R	01-11-05
Macedonië, Voormalige Joegoslavische Republiek	28-07-99	28-07-99	R	01-07-02
Malta	20-11-00	15-05-03	R	01-09-03
Mexico	15-05-02
Moldavië	24-06-99	14-01-04	R	01-05-04
Nederlanden, het Koninkrijk der (voor Nederland)	29-06-00	11-04-02	R	01-08-02
Noorwegen	27-01-99	02-03-04	R	01-07-04
Oekraïne	27-01-99
Oostenrijk	13-10-00
Polen	27-01-99	11-12-02	R	01-04-03
Portugal	30-04-99	07-05-02	R	01-09-02
Roemenië	27-01-99	11-07-02	R	01-11-02
Russische Federatie	27-01-99
San Marino	15-05-03
Servië en Montenegro		18-12-02	T	01-04-03
Slovenië	07-05-99	12-05-00	R	01-07-02
Slowakije	27-01-99	09-06-00	R	01-07-02
Spanje	10-05-05
Tsjechië	15-10-99	08-09-00	R	01-07-02
Turkije	27-09-01	29-03-04	R	01-07-04
Verenigd Koninkrijk, het	27-01-99	09-12-03	R	01-04-04
Verenigde Staten van Amerika, de	10-10-00
Zweden	27-01-99	25-06-04	R	01-10-04
Zwitserland	26-02-01

¹) NB=Niet bekend, O=Definitieve Ondertekening, R=Ratificatie, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebondenheid

Verklaringen, voorbehouden en bezwaren

Albanië, 18 juli 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

Boulevard ‘‘Zog I’’

Tirana – Albania

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.

In accordance with Article 37, paragraph 2, of the Convention, the Republic of Albania reserves the right to apply Article 17, paragraphs 1.b and 1.c, only if the offence also constitutes an offence under the legislation of the State Party in which it has been committed (double criminality).

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Albania declares that it may refuse mutual legal assistance under article 26, paragraph 1, if the request concerns an offence, which the Republic of Albania considers a political offence.

Azerbeidzjan, 11 februari 2004

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Azerbaijan reserves the right not to establish as criminal offence the conduct referred to in Articles 6, 10, 12 and the passive bribery offences under Article 5.

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.

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

Nigar Rafibeyli st. 7

AZ 1001, Baky – 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.

België, 23 maart 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.

3. According to Article 37, paragraph 2, of the Convention, Belgium reserves the right to apply Article 17, paragraphs 1 b and c, only if the offence also constitutes an offence under the legislation of the State Party in which it has been committed, unless the offence concerns a person holding a public function in a State member of the European Union.

België, 28 mei 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. The address of this central authority is the following: 115 Boulevard de Waterloo, 1000 Bruxelles – Tel. 00.32.2.542.67.30 – Fax: 00.32.2.538.83.75 – http://www.just.fgov.be.

Bosnië-Herzegovina, 29 oktober 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.

Bulgarije, 1 december 2003

Bulgaria declares that the central authority for the purposes of Article 29 of the Convention is the Ministry of Justice, 1 Slavianska Str., 1000 Sofia - Bulgaria.

Cyprus, 17 januari 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.

[Note by the Secretariat: By a letter from the Chargé d’affaires a.i. of Cyprus, dated 25 August 2004, registered to the Secretariat General on 26 August 2004 - Or. Engl. - the Government of Cyprus has informed the Secretary General of its intention to uphold this reservation for a period of 3 years (Article 38 of the Convention).]

Cyprus, 24 oktober 2003

The central authority designated by Cyprus in pursuance of Article 29 of the Convention is:

Ministry of Justice and Public Order

125, Athalassas Ave

1461 Nicosia

CYPRUS

Tel. +357.22-805911

Fax +357.22-518349.

Denemarken, 2 augustus 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.

[01-04-2005 The Government of Denmark has informed the Secretary General of its intention to uphold this reservation, wholly, for a period of three years (Article 38 of the Convention)]

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).

[01-04-2005 The Government of Denmark has informed the Secretary General of its intention to uphold this reservation, wholly, for a period of three years (Article 38 of the Convention)]

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.

[01-04-2005 The Government of Denmark has informed the Secretary General of its intention to uphold this reservation, wholly, for a period of three years (Article 38 of the Convention)]

In accordance with Article 29, paragraph 2, of the Convention, the Government of Denmark has designated the Ministry of Justice, Slotsholmgade 10, DK-1216 Copenhagen K, Denmark, 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.

Estland, 6 december 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.

Pursuant to Article 37, paragraph 1, of the Convention, the Republic of Estonia does not establish as a criminal act the exertion of influence over decision-making referred to in Article 12.

Finland, 3 oktober 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.

Finland reserves itself the right to apply, in respect of its own nationals, the jurisdiction rule laid down in paragraph 1 (b) subject to the requirement of dual punishability set forth in Chapter I, section 11 of the Finnish penal Code in cases of active or passive bribery in the private sector referred to in Articles 7 and 8, provided that the criminal offence does not seriously interfere with or jeopardise the governmental, military or economic interests or benefits of Finland.

Finland, 1 oktober 2003

Autoriteit:

Ministry of Justice

P.O. Box 25

00023 Valtioneuvosto

Finland

Hongarije, 22 november 2000

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Hungary designates the Ministry of Justice (1055 Budapest, Kossuth Lajos tér 4.) and the State Prosecutor’s Office (1055 Budapest, Markó u. 16) 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.

In accordance with Article 37, paragraph 1, of the Convention, Hungary reserves the right not to establish as criminal offences the conduct referred to in Article 8 and committed by foreign citizens in the course of business activities abroad.

[17-08-2004 The Government of Hungary has informed the Secretary General of its intention to uphold wholly this reservation for a period of 3 years (Article 38 of the Convention).]

Ierland, 3 oktober 2003

In accordance with Article 29, paragraph 2, of the Convention, Ireland designates as the central authority:

Department of Justice, Equality and Law Reform

72-76 St Stephen’s Green

Dublin 2

IJsland, 11 februari 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)

Skúlagötu 21

101 Reykjvík

Iceland

Kroatië, 8 november 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

Ulica Republike Austrije 14

10 000 Zagreb

Croatia

Liaison Officer:

Ms Lidija Lukina KARAJKOVIC, Deputy Minister

Tel.: 00.385.1.37.10.670

Fax: 00.385.1.37.10.672

Letland, 9 februari 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 37, paragraph 3, of the Convention, the Republic of Latvia declares that it may refuse mutual legal assistance under paragraph 1 of Article 26 of the Convention, if the request concerns an offence which the Republic of Latvia considers a political offence.

[19-01-2005 The Government of Latvia has informed the Secretary-General of its intention to uphold wholly this reservation for a period of 3 years (Article 38 of the Convention).]

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.

Raina blvd. 6, Riga, LV-1050, Latvia

Phone: +371.721.9263 ; Fax: +371.227.1005

E-mail: kanceleja@iem.gov.lv

2) Prosecutor General’s Office - during pre-trial investigation until submitting the case to the court.

O. Kalpaka blvd. 6, Riga, LV-1801, Latvia

Phone: +371.704.4400 ; Fax: +371.704.4449

E-mail: gen@lrp.gov.lv

3) Ministry of Justice - during the trial.

Brivibas blvd. 36, Riga, LV-1536, Latvia

Phone: +371.708.8220, 728.0437

Fax: +371.721.0823, 728.5575

E-mail: justice@latnet.lv

Letland, 19 januari 2005

With due regard to well-established principles of international law, especially in the field of extradition, the Republic of Latvia declares that it renews its reservation for the period set out in paragraph 1 of Article 38 of the Convention.

The Republic of Latvia considers that the issue of mutual legal assistance, beyond all doubts, constitutes one of the fundamental elements of suppression of all forms of crimes, inter alia, corruption. Nevertheless, the Republic of Latvia would like to stress, that in accordance with the principles of its legal order, observation of human rights and rule of law is the core element for providing mutual legal assistance to other States.

If there is sufficient ground to believe that the offence which the request for mutual legal assistance refers to could be considered a political offence, the nationals authorities in charge are under an obligation to review the aforementioned request in the light of safeguards provided to any person in accordance with human rights.

Furthermore, the Republic of Latvia would like to emphasize that it has made similar reservations to all international instruments in the penal field, if this instrument contains clauses for extradition or mutual legal assistance.

Litouwen, 8 maart 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 juli 2005

In accordance with Article 17, paragraph 2 of the Criminal Law Convention on Corruption, the Government of the Grand Duchy of Luxembourg declares that, except in cases covered by paragraph 1, subparagraph a of Article 17of this Convention, it will apply the jurisdiction rules laid down in Article 17, paragraph 1, subparagraphs b and c, only if the offender has the Luxembourgish nationality.

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 mei 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

‘‘Casa Leoni’’

St Joseph High Road

St Venera CMR 02

Malta

For requests other than those concerning extradition:

The Attorney GeneralThe Palace

Valletta CMR 02

Malta.

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 januari 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.

Nederlanden, het Koninkrijk der, 11 april 2002

In accordance with Article 31, 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 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.

The Kingdom of the Netherlands accepts the Convention for the Kingdom in Europe.

Nederlanden, het Koninkrijk der, 15 april 2002

In accordance with Article 29, paragraph 2, of the Convention, the Netherlands declare that the central authority is:

Het Ministerie van Justitie (Ministry of Justice)

Directie Internationale Strafrechtelijke Aangelegenheden en Drugsbeleid

Bureau Internationale Rechtshulp in Strafzaken

Postbus 20301

2500 EH Den Haag.

Noorwegen, 2 maart 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)

P.O. Box 8193 Dep.

0034 Oslo - Norway

2. the central authority concerning Extradition, Ref. Article 27:

The Ministry of Justice and the Police

P.O. Box 8005 Dep.

0030 Oslo - Norway

Polen, 11 december 2002

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 7 of the Convention, insofar as the conduct described in the Article 7 does not constitute a criminal offence under provisions of the Criminal Code.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its rights not to establish as a criminal offence under its domestic law the conduct referred to in Article 8 of the Convention, insofar as the conduct described in the Article 8 does not constitute a criminal offence under provisions of the Criminal Code.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Poland reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12 of the Convention, insofar as the conduct described in the Article 12 does not constitue a criminal offence under provisions of the Criminal Code.

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, Al. Ujazdowskie 11, 00-950 Warszawa.

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), pl. Powstanców Warszawy 1, 00-950 Warszawa.

Portugal, 7 mei 2002

In accordance with Article 29 of the Convention, the Republic of Portugal designates the following central authority:

PROCURADORIA GERAL DA REPUBLICA

Rua da Escola Politécnica, n° 140

1269 – 269 LISBOA

In accordance with Article 17, paragraph 2, of the Convention, the Republic of Portugal declares that where the offender is one of its citizens, but not an official or not performing a political function within the State of Portugal, it shall apply the jurisdiction rule laid down in paragraph 1b of Article 17 of the Convention only if:

• the offender is present on its territory;

• the offences committed are also punished by the Law of the territory on which they have been committed, except if the power of punishment is not exerted in this territory;

• these offences are offences allowing extradition and extradition can not be granted.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Portugal reserves its right not to establish as a criminal offence the passive bribery offences under Article 5 and 6, except where the offenders are public officials of other member States of the European Union or perform therein a political funtion and provided that the offence has been committed in whole or in part in the territory of Portugal.

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Portugal declares that it considers as criminal offences the conduct referred to in Articles 7 and 8 of the Convention only if the corruption in the private sector results in a distortion of competition or an economic loss for third persons.

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Portugal declares that it may refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence that the Republic of Portugal considers a political offence.

[05-04-2005 The Government of Portugal declares that it upholds, for a period of three years, the reservations made in accordance with article 37 of the Convention (Article 38 of the Convention)]

Roemenië, 11 juli 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

Boulevard Libertatii nr. 14, sector 5 Bucharest

Tel.: 410 54 35 - fax: 337 47 54

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

str. Apollodor nr. 17, sector 5 Bucharest

Tel.: 314 15 14 - fax: 310 16 62

Servië en Montenegro, 18 december 2002

In accordance with Article 37, paragraph 3, of the Convention, the Federal Republic of Yugoslavia reserves the right to reject a request for international legal assistance under Article 26, paragraph 1, if the request concerns a criminal offence which is considered a political offence according to Yugoslav legislation.

Servië en Montenegro, 5 juli 2004

In accordance with Article 29 of the Convention, the following institutions have been designated as central authorities of Serbia and 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:

Ministry of Justice of the Republic of Serbia

Nemanjina 22-26

11 000 Belgrade

Ministry of Internal Affairs of the Republic of Serbia

Department against Organised Crime

Finance Intelligence Unit

Section for the Suppression of Corruption

Kneza Milosa 101

11 000 Belgrade

Agency for Anti-corruption Initiative of the Republic of Montenegro

Trg Vektra bb 81 000 Podgorica

Besides the above-mentioned institutions, the central authority in Serbia and Montenegro in the sense of Article 26 of the Convention is also:

Ministry for Human and Minority Rights of Serbia and Montenegro

Bulevar Mihaila Pupina 2

11 070 New Belgrade

The afore-mentioned Ministry for Human and Minority Rights of Serbia and Montenegro is the only central authority in Serbia and Montenegro responsible for requests made with respect to the matter of extradition, dealt with in Article 27 of the Convention.

Slovenië, 12 mei 2000

In accordance with Article 37 of the Convention, the Republic of Slovenia declares that it reserves the right not to establish as a criminal offence under its domestic law the following:

The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 6, when involving any person who is a member of a public assembly exercising legislative or administrative powers in any other State.

The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 8, relating to the acceptance of an offer or a promise of any undue advantage.

The Republic of Slovenia reserves its right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12: When committed intentionally, the promising, giving or offering, directly or indirectly, of any undue advantage to anyone who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in Articles 2, 4 to 6 and 9 to 11, as well as the request, receipt or the acceptance of the offer or the promise of such and advantage.

Slovenië, 15 december 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

Šupanciceva 3

1000 Ljubljana

SLOVENIA

Slowakije, 9 juni 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 (address: Ministerstvo spravodlivosti Slovenskej republiky, Zupné námestie 13, 813 11 Bratislava).

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 (address: Generálna prokuratúra Slovenskej republiky, Zupné námestie 13, 812 85 Bratislava).

with respect to Article 27:

For receiving requests of extradition: the General Prosecutor’s Office of the Slovak Republic (address: Generálna prokuratúra Slovenskej republiky, Zupné námestie 13, 812 85 Bratislava).

For sending requests for extradition: the Ministry of Justice of the Slovak Republic (address: Ministerstvo spravodlivosti Slovenskej republiky, Zupné námestie 13, 813 11 Bratislava).

Tsjechië, 8 september 2000

With the reservation provided for under Article 37, paragraph 1, of the Criminal Law Convention on Corruption, the Czech Republic declares that it shall establish the conduct referred to in Articles 7 and 8 of the Convention as a criminal offence under its domestic law only if it comes under any of the definitions of criminal offences laid down in the Criminal Code of the Czech Republic.

In accordance with Article 29 of the Convention, the Czech Republic notifies that for the purposes of the Convention, the following authorities shall be henceforth considered as central authorities: Prosecutor General’s office of the Czech Republic before the case is brought before court and the Ministry of Justice of the Czech Republic after it has been brought before court.

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.

Verenigd Koninkrijk, het, 9 december 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 7 is largely covered by section 1 of the 1906 Act. The 1906 Act does not however cover the case where the undue advantage is not given directly to the agent but is given to a third party. The United Kingdom accepts this aspect of the law is in need of amendment and the draft Corruption Bill published in 2003 would make this change in respect of England, Wales and Northern Ireland. However for the present a reservation is necessary. 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 7.

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.

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

50 Queen Anne’s Gate

London - SW1H 9AT

and that its central authorities for extradition are:

For England, Wales and Northern Ireland:

• the Home Office

50 Queen Anne’s Gate

London - SW1H 9AT

For Scotland:

• the Crown Office

25 Chambers Street

Edinburgh – EH1 1LA

Zweden, 25 juni 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.

As central authority Sweden designates the Government Offices of Sweden (the Swedish Ministry of Justice).

G. INWERKINGTREDING

Zie Trb. 2002, 109.

Het Verdrag zal ingevolge de inwerkingtreding op 1 maart 2006 van het in rubriek J hieronder genoemde Protocol per diezelfde datum aangevuld zijn.

J. VERWIJZINGEN

Zie Trb. 2000, 130 en Trb. 2002, 109.

Verbanden

Het Verdrag wordt aangevuld door:

Titel	:	Aanvullend Protocol bij het Verdrag inzake de Strafrechtelijke Bestrijding van Corruptie; Straatsburg, 15 mei 2003
Tekst	:	Trb. 2004, 226 (Engels, Frans en vertaling)
Laatste Trb.	:	Trb. 2006, 4
Overige verwijzingen
Titel	:	Handvest van de Verenigde Naties; San Francisco, 26 juni 1945
Laatste Trb.	:	Trb. 2004, 240
Titel	:	Verdrag inzake de rechten van het kind; New York, 20 november 1989
Laatste Trb.	:	Trb. 2002, 233
Titel	:	Statuut van de Raad van Europa; Londen, 5 mei 1949
Laatste Trb.	:	Trb. 2005, 48
Titel	:	Verdrag inzake het witwassen, de opsporing, de inbeslagneming en de confiscatie van opbrengsten van misdrijven; Straatsburg, 8 november 1990
Laatste Trb.	:	Trb. 2002, 196
Titel	:	Verdrag betreffende de Europese Unie; Maastricht, 7 februari 1992
Laatste Trb.	:	Trb. 2004, 122
Titel	:	Statuut betreffende de Groep van Staten tegen Corruptie (GRECO); Straatsburg, 5 mei 1998
Laatste Trb.	:	Trb. 2002, 213

Uitgegeven de achttiende januari 2006

De Minister van Buitenlandse Zaken,

B. R. BOT