INTER-AMERICAN CONVENTION AGAINST CORRUPTION

CONF/ASSEM/MEETING: SPECIALIZED CONFERENCE ON THE DRAFT INTER-AMERICAN CONVENTION AGAINST CORRUPTION

ENTRY INTO FORCE: 03/06/97 IN ACCORDANCE WITH ARTICLE XXV OF THE TREATY, THE THIRTIETH DAY FOLOWING THE DATE OF DEPOSIT OF THE SECOND INSTRUMENT OF RATIFICATION

DEPOSITORY: GENERAL SECRETARIAT, ORGANIZATION OF AMERICAN STATES (ORIGINAL INSTRUMENT AND RATIFICATIONS)
TEXT:

OBSERVATIONS: Article XXV.-Entry Into Force,- This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification. For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

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SIGNATORY COUNTRIES    SIGNATURE REF   RA/AC/AD REF   DEPOSIT INST  INFORMA REF
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Argentina ...........   03/29/96       08/04/97       10/09/97 RA   07/20/07  4 
Antigua & Barbuda....     /  /         01/13/04       02/23/04 RA     /  /  
Bahamas(Commonwealth)   06/02/98       03/09/00       03/14/00 RA     /  /     
Barbados.............   04/06/01         /  /           /  /          /  /
Belize...............   06/05/01       08/02/02       09/06/02 RA     /  /
Bolivia .............   03/29/96       01/23/97       02/04/97 RA     /  /     
Brazil ..............   03/29/96       07/10/02       07/24/02 RA   04/21/06  9  
Canada ..............   06/07/99       06/01/00       06/06/00 RA   08/16/05  5  
Chile ...............   03/29/96       09/22/98       10/27/98 RA     /  /     
Colombia ............   03/29/96       11/25/98       01/19/99 RA     /  /     
Costa Rica ..........   03/29/96       05/09/97       06/03/97 RA   06/21/06 19   
Dominica.............     /  /         09/14/04       10/20/04 AD     /  /
Dominican Republic ..   03/29/96       06/02/99       06/08/99 RA   12/08/04 17     
Ecuador .............   03/29/96       05/26/97       06/02/97 RA   02/27/03  2 
El Salvador .........   03/29/96       10/26/98       03/18/99 RA   12/03/07 20   
Grenada..............     /  /         11/15/01       01/16/02 RA     /  /
Guatemala ...........   06/04/96       06/12/01       07/03/01 RA   02/23/04 13  
Guyana ..............   03/29/96       12/11/00       02/15/01 RA   02/15/01  7
Haiti ...............   03/29/96       04/14/04       06/07/04 RA     /  /     
Honduras ............   03/29/96       05/25/98       06/02/98 RA   08/21/03 11  
Jamaica .............   03/29/96       03/16/01       03/30/01 RA   09/15/05 18     
Mexico ..............   03/29/96       05/27/97       06/02/97 RA   10/25/04 16     
Nicaragua ...........   03/29/96       03/17/99       05/06/99 RA   07/21/03 10  
Panama ..............   03/29/96       07/20/98       10/08/98 RA   02/12/04  3 
Paraguay ............   03/29/96       11/29/96       01/28/97 RA   04/21/97  1 
Peru ................   03/29/96       04/04/97       06/04/97 RA   06/10/03 12  
St. Kitts & Nevis....     /  /         08/04/04       08/26/04 RA     /  /   15
St. Lucia............     /  /         01/23/03       04/30/03 AD     /  /
St.Vincent & Grenadines   /  /         05/28/01       06/05/01 AD     /  /
Suriname ............   03/29/96       03/27/02       06/04/02 AD     /  /     
Trinidad and Tobago .   04/15/98       04/15/98       04/15/98 RA     /  /     
United States .......   06/02/96       09/15/00       09/29/00 RA   09/29/00  6
Uruguay .............   03/29/96       10/28/98       12/07/98 RA   12/08/03  8
Venezuela ...........   03/29/96       05/22/97       06/02/97 RA   02/06/04 14     
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REF = REFERENCE                                      INST = TYPE OF INSTRUMENT
       D = DECLARATION                                      RA = RATIFICATION
       R = RESERVATION                                      AC = ACCEPTANCE
INFORMA  = INFORMATION REQUIRED BY THE TREATY               AD = ACCESSION

1. PARAGUAY reports that it designates as the central authority responsible for making the requests for cooperation referred to in the Convention, as specified in Article XVIII, the Office of the Attorney General (Fiscalia General del Estado). (Asuncion, March 20, 1997. Note 46/97, received on April 21, 1997.)

2. ECUADOR Reports: Pursuant to the provisions of Article XVIII of the Inter-American Convention Against Corruption, that was signed in Caracas on March 29, 1996, the National Government has appointed our Attorney General, Dr.Milton Alava Ormaza, to serve asthe Central Authority for the Republic of Ecuador, and will be responsible for drafting and receiving the requests for assistance and cooperation contemplated in that inter-American instrument.
(Washington, D.C., August 14, 1997. Note 134/97 MPE/OEA)

February 27, 2003
Comisión de Control Cívico de la Corrupción pursuant to article 18 of the Convention

3. PANAMA DECLARATION: "It is the interpretation of the Republic of Panama that application of the present Convention does not alter its rights under the conventions in force in the area of asylum".

RESERVATION: "The Republic of Panama does not consider itself bound to extend the actions of seizure of forfeiture of property envisaged under Article XV of the present Convention, to the extent that such actions violate the provisions of Article 30 of the Constitution of the Republic, wich prohibits the seizure of property as a penalty".
(Ministry of Foreign Affairs, Panama City, July 20, 1998)

On February 12, 2004, Panama designated the Sala Cuarta de Negocios Generales of the Supreme Court of Justice, chaired by Judge César Pereira Burgos, in his condition of President of the Court, as central authority for the purposes of international assistance and cooperation of the Inter-American Convention against Corruption.

4. ARGENTINA.- Pursuant to the provisions of Article XVIII of the Inter-American Convention Against Corruption, the Government of Argentina appointed the Ministery of Foreigner Affairs, to serve as the Central Authority for the Republic of Argentina.
(Washington, January 4, 2000)

On July 20, 2007, Argentina appointed the Dirección de Asistencia Judicial Internacional de la Dirección General de Asuntos Jurídicos del Ministerio de Relaciones Exteriores, Comercio Internacional y Culto as central authority according to article XVIII of the Inter-American Convention against Corruption.

Article IX provides that the obligation of a Stated Party to establish the offence of illicit enrichment shall be "Subject to its Constitution and the fundamental principles of its legal system". As the offence contemplated by Article IX would be contrary to the presumption of innocence guarenteed by Canada's Constitution, Canada will not implement Article IX, as provided for by this provision.

On August 16, 2005, Canada appointed the following central authorities regarding the Inter-American Convention against Corruption:

a. For the chanelling of mutual legal assistance requests: General Counsel and Director, Department of Justice Canada, International Assistance Group, Criminal Law Branch/ Federal Prosecution Service, 284 Wellington Avenue, Room 2049, Ottawa, Ontario, K1A 0H8, Canada.

b. For the chanelling of technical assistance requests: Vice President, Americas Branch, Canadian International Development Agency, tel. 819-997-3291, fax 819-997-0077.

The Inter-American Convention Against Corruption ("The Convention"), was adopted and opened for signature on March 29, 1996, at the Specialized Conference of the Organization of American States (OAS) at Caracas, Venezuela, and was signed by the United States at Panama on June 27, 1996; and

The Senate of the United States of America by its resolution of July 27, 2000, two-thirds of the Senators present concurring therein, gave its advice and consent to ratification of the Convention, subject to the following understandings:

(1) APPLICATION OF ARTICLE I.--The United States of America understands that the phrase "at any level of its hierarchy" in the first and second subparagraphs of Article I of the Convention refers, in the case of the United States, to all levels of the hierarchy of the Federal Government of the United States, and that the Convention does not impose obligations with respect to the conduct of officials other than Federal officials.

(A) Article VII of the Convention sets forth an obligation to adopt legislative measures to establish as criminal offenses the acts of corruption described in Article VI(1). There is an extensive network of laws already in place in the United States that criminalize a wide range of corrupt acts. Although United States laws may not in all cases be defined in terms or elements identical to those used in the Convention, its is the understanding of the United States, with the caveat set forth in subparagraph (B), that the kinds of official corruption which are intended under the Convention to be criminalized would in fact be criminal offenses under U.S. law. Accordingly, the United States does not intend to enact new legislation to implement Article VII of the Convention.

(B) There is no general "attempt" statute in U.S. federal criminal law. Nevertheless, federal statutes make "attempts" criminal in connection with specific crimes. This is of particular relevance with respect to Article VI (1) (c) of the Convention, which by its literal terms would embrace a single preparatory act done with the requisite "purpose" of profiting illicitly at some future time, even though the course of conduct is neither pursued, nor in any sense consummated. The United States will not criminalize such conduct per se, although significant icts of corruption in this regard would be generally subject to prosecution in the context of one or more other crimes.

(3) TRANSNATIONAL BRIBERY.--Current United States law provides criminal sanctions for transnational bribery. Therefore,it is the understanding of the United States of America that no additional legislation is needed for the United States to comply with the obligation imposed in article VIII of the Convention.

(4) ILLICIT ENRICHMENT.-- The United States of America intends to assist and cooperate with other States Parties pursuant to paragraph 3 of Article IX of the Convention to the extent permitted by its domestic law. The United States recognizes the importance of combating improper financial gains by public officials, and has criminal statutes to deter or punish such conduct. These statutes obligate senior-level officials in the federal government to file truthful financial disclosure statements, subject to criminal penalties. They also permit prosecution of federal public officials who evade taxes on wealth that is acquired illicitly. The offense of illicit enrichment as set forth in Article IX of the Convention, however, places the burden of proof on the defendant, which is inconsistent with the
United States constitution and fundamental principles of the United States legal system. Therefore, the United States uderstands that it is not obligated to establish a new criminal offense of illicit enrichment under Article IX of the Convention.

(5) EXTRADITION.-- The United States of America shall not consider this Convention as the legal basis for extradition to my country with which the United States has no bilateral ixtradition treaty in force. In such cases where the United States does have a bilateral extradition treaty in force, that bilateral extradition treaty shall serve as the legal basis for extradition for offenses that are extraditable in accordance with this Convention.

(6) PROHIBITION ON ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT.-- The United States of America shall exercise its rights to limit the use of assistance it provides under the convention so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court agreed to in Rome, Italy, 3n July 17, 1998, unless the treaty establishing the Court has entered into force for the United States by and with the advice md consent of the Senate, as required by Article II, section 2 of the United States Constitution.

NOW, THEREFORE, I, William J. Clinton, President of the United States of America, ratify and confirm the Convention, subject to the aforesaid understandings.

IN TESTIMONY WHEREOF, I have signed this instrument of ratification and caused the Seal of the United States of America to be affixed. Done at the city of Washington this fifteenth day of September in the year of our Lord two thousand and of the Independence of the United States of America the two hundred twenty-fifth.

On June 1, 2005, United States designated the Permanent Representative of the United States to the OAS to serve as the central authority for the purposes of channeling requests for mutual technical cooperation in accordance with the provisions of articles XIV(2) and XVIII of the Inter-American Convention against Corruption.

7.- Reservation: GUYANA.- "The Cooperative Republic of Guyana does not consider itself bound to extend the actions of seizure under Article XV of the present Convention to the extent that such actions violate the provisions of Article 142(1) of the Constitution of the Cooperative Republic of Guyana."

The Permanent Mission of Uruguay presents its compliments to the General Secretariat of the Organization of American States and has the honor to refer to the Inter-American Convention against Corruption, adopted in the city of Caracas, Venezuela, on March 29, 1997.

1. On the occasion of its signing, the delegation of Uruguay made the following declaration:

First: That it is joining in the consensus that was achieved with difficulty by the Specialized Conference on the Draft Inter-American Convention against Corruption, following considerable efforts made by the OAS member states, in particular by the Government of the Republic of Venezuela, through its Minister of Foreign Affairs, His Excellency Dr. Miguel Angel Burelli Rivas.

Second: That it is a matter of great concern to the Government of Uruguay that a convention like the present one that is essentially criminal in nature not include a law and order clause—a provision that essentially provides guarantees--which has been embodied in such important conventions as the 1988 United Nations convention on drug trafficking and the Inter-American Convention on Mutual Assistance in Criminal Matters, both of which are in force, as well as several other bilateral conventions between the OAS member states."

2. On August 12, 1997, Uruguay initiated legislative formalities in connection with the Inter-American Convention against Corruption, which became national law. Uruguay therefore enters an "express reservation to resorting to law and order when the cooperation requested specifically, seriously, and patently contravenes the rules and principles that underlie Uruguay’s distinctive legal character."

Since this reservation was not included on the occasion of notification by the competent authorities of my country, and taking into account the indivisible nature of the reservation with regard to the body of the text of the Convention when it became law in Uruguay, it is hereby requested that said reservation be duly formally included for all appropriate purposes.

The Permanent Mission of Uruguay to the Organization of American States avails itself of this opportunity to reiterate to the General Secretariat the assurances of its highest consideration.

Juan Fisher
Embajador, Representante Permanente ante la OEA
Washington, D.C., August 7, 2001

On December 8, 2003, Uruguay designated the Advisory Services Central Authority for International Legal Cooperation under the Office of International Legal Cooperation and Justice of the Ministry of Education and Culture to facilitate mutual assistance, as set forth in Article XIV.1

It also designated the Advisory Board on Economic and Financial Matters of the State to facilitate mutual technical cooperation, as set forth in Article XIV.2

Brazil made a reservation to Article XI, 1, c. at the time of the deposit of the instrument of ratification.