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Detectar los casos de duplicidad de los procedimientos administrativos en las distintas entidades y proponer las medidas necesarias para su corrección. Dictar Directivas de cumplimiento obligatorio tendientes a garantizar el cumplimiento de las normas de la presente Ley. Establecer los mecanismos para la recepción de denuncias y otros mecanismos de participación de la ciudadanía.
Aprobar el acogimiento de las entidades al régimen de excepción para el establecimiento de derechos de tramitación superiores a una 1 UIT. Otras que señalen los dispositivos correspondientes. La suspensión de esta prerrogativa de la autoridad concluye a partir de la publicación del TUPA, sin efecto retroactivo. Para los efectos del cumplimiento de las disposiciones del Derecho Administrativo, se entiende por sujetos del procedimiento a:.
Administrados : la persona natural o jurídica que, cualquiera sea su calificación o situación procedimental, participa en el procedimiento administrativo. Quienes lo promuevan como titulares de derechos o intereses legítimos individuales o colectivos. Aquellos que, sin haber iniciado el procedimiento, posean derechos o intereses legítimos que pueden resultar afectados por la decisión a adoptarse.
Tienen capacidad procesal ante las entidades las personas que gozan de capacidad jurídica conforme a las leyes. Son derechos de cellulite thyroid problems administrados con respecto al procedimiento administrativo, los siguientes:. Acceder, en cualquier momento, de manera directa y sin limitación alguna a la información contenida en los expedientes de los procedimientos administrativos en que sean partes y a obtener copias de los documentos contenidos en el mismo sufragando el costo que suponga su pedido, salvo las excepciones expresamente previstas por ley.
Acceder a la información gratuita que deben brindar las entidades del Estado sobre sus actividades orientadas a la colectividad, incluyendo sus fines, competencias, funciones, organigramas, ubicación de dependencias, horarios de atención, procedimientos y características.
A ser informados en los procedimientos de oficio sobre su naturaleza, alcance y, de ser previsible, del plazo estimado de su duración, así como de sus derechos y obligaciones en el curso de tal actuación. Al cumplimiento de los plazos determinados para cada servicio o actuación y exigirlo así a las autoridades. Ser asistidos por las entidades para el cumplimiento de sus obligaciones. Conocer la identidad de las autoridades y personal al servicio de la entidad bajo cuya responsabilidad son tramitados los procedimientos de su interés.
A que las actuaciones de las entidades que les afecten sean llevadas a cabo en la forma menos gravosa posible. A exigir la responsabilidad de las entidades y del personal a su servicio, cuando así corresponda legalmente, y. Los administrados respecto del procedimiento administrativo, así como quienes participen en él, tienen los siguientes deberes generales:.
Abstenerse de formular pretensiones o articulaciones ilegales, de declarar hechos contrarios a la verdad o no confirmados como si fueran fehacientes, de solicitar actuaciones meramente dilatorias, o de cualquier otro modo afectar el principio de conducta procedimental. Prestar su colaboración para el pertinente esclarecimiento de los hechos. Proporcionar a la autoridad cualquier información dirigida a identificar a otros administrados no comparecientes con interés legítimo en el procedimiento.
Convencionalmente puede fijarse el día y hora de comparecencia. Todo cambio de competencia debe ser temporal, motivado, y estar su contenido referido a una serie de actos o procedimientos señalados en el acto que lo origina.
Son deberes de las autoridades respecto del procedimiento administrativo y de sus partícipes, los siguientes:. Desempeñar sus funciones siguiendo los principios del procedimiento administrativo previstos en el Título Preliminar de esta Ley. La autoridad solicitada responde de la ejecución de la colaboración efectuada. En caso de suscitarse conflicto negativo de competencia, el expediente es elevado al órgano inmediato superior para que resuelva el conflicto.
En todo conflicto de competencia, el órgano a quien se remite el expediente dicta resolución irrecurrible dentro del plazo de cuatro días. La autoridad que tenga facultad resolutiva o cuyas opiniones sobre el fondo del procedimiento puedan influir en el sentido de la resolución, debe abstenerse de participar en los asuntos cuya competencia le esté tribuida, en los siguientes casos:. Si es pariente dentro del cuarto grado de consanguinidad o segundo de afinidad, con cualquiera de los administrados o con sus representantes, mandatarios, con los administradores de sus empresas, o con quienes les presten servicios.
Si ha tenido intervención como asesor, perito o testigo en el mismo procedimiento, o si como autoridad hubiere manifestado previamente su parecer sobre el mismo, algue klamath pour maigrir modo que pudiera entenderse que se ha pronunciado sobre el asunto, salvo la rectificación de errores o la decisión del recurso de reconsideración. Cuando tuviere amistad íntima, enemistad manifiesta o conflicto de intereses objetivo con cualquiera de los administrados intervinientes en el procedimiento, que se hagan patentes mediante actitudes o hechos evidentes en el procedimiento.
La resolución de esta materia no es impugnable en sede administrativa, salvo la posibilidad de alegar la no abstención, como fundamento del recurso administrativo contra la resolución final.
La autoridad que por efecto de la abstención sea apartada del procedimiento, coopera para contribuir a la celeridad de la atención del procedimiento, sin participar en reuniones posteriores ni en la deliberación de la decisión. Se sujetan a las disposiciones del presente apartado, el funcionamiento interno de los órganos colegiados, permanentes o temporales de las entidades, incluidos aquellos en los que participen representantes de organizaciones gremiales, sociales o económicas no estatales.
Corresponde a los miembros de los órganos colegiados:. Recibir con la antelación prudencial, la convocatoria a las sesiones, con la agenda conteniendo el orden del día y la información suficiente sobre cada tema, de manera que puedan conocer las cuestiones que deban ser debatidas. Participar en los debates de las sesiones.
Ejercer su derecho al voto y formular cuando lo considere necesario su voto singular, así como expresar los motivos que lo justifiquen. La fundamentación de un voto singular puede ser realizada en el mismo momento o entregarse por escrito hasta el día siguiente. Formular peticiones de cualquier clase, en particular para incluir temas en la agenda, y formular preguntas durantes los debates. Recibir y obtener copia de cualquier documento o acta de las sesiones del órgano colegiado.
De no ser posible indicarlo en la misma sesión, la presidencia convoca la fecha de reinicio notificando a todos los miembros con antelación prudencial. El acuerdo expresa claramente el sentido de la decisión adoptada y su fundamento. El procedimiento administrativo es promovido de oficio por el órgano competente o instancia del administrado, salvo que por disposición legal o por su finalidad corresponda ser iniciado exclusivamente de oficio o a instancia del interesado.
El Salvador - Mining and quarrying workers - Law, Act. Eritrea - Mining and quarrying workers - Law, Act. Mining Proclamation No. The Proclamation shall apply to all mining operations, i. No person may carry out any mining operations without a license granted under this Proclamation. A person applying for a right must be eligible in accordance with section 5. Certain criteria do not apply to persons wishing to acquire an Artisanal mining right as defined in section 2.
Any Eritrean may prospect without a license on land not already subject to an existing license or application for a license. The Government may designate areas reserved for or excluded form specified mining operations sect. Section 8 defines a prospecting license, whereas section 9 provide for exploitation licenses. Discoveries of existence of minerals shall be immediately notified to the Controller, i.
An Artisanal mining license may be granted in respect of a part of the surface of an area subject t an existing exploration license sect. Sections 16 and 17 deal with mining licenses. Mineral water may be used or produced in accordance with section Sections 20 to 27 specify rights and obligations of licensees. The licensee may occupy land covered by the license during the term of the license.
Section 45 deals with registration and representation of licensees. Section 48 concerns settlement of disputes. Proclamation to promote development of mineral resources No. Adoption : ERIL Inter alia provides for obligations of licensee in the conduct of mining operations. Mining operations shall be conducted in such a manner as to ensure health and safety of his agents, employees and other persons, and to minimize damage or pollution to the environment.
Also provides for inspection of mining operations. Section 45 establishes that the holder of a license may be required, on surrender of revocation, to fence and safeguard any pits and other works in the license area so that the health, life and property of persons may not be endangered. Eritrea - Mining and quarrying workers - Regulation, Decree, Ordinance. Regulations on mining operations L. Inter alia establishes obligation of holders of mining licenses to ensure health and safety at work.
Section 30 provides that licensee shall provide his agents and employees with appropriate work clothing and protective equipment and shall ensure that they are properly trained or otherwise qualified for their work.
Licensee is also obliged to provide appropriate health and medical facilities. Part VI deals with infractions and sanctions. Estonia - Mining and quarrying workers - Law, Act. Mining Act of 29 January Estonia - Mining and quarrying workers - Regulation, Decree, Ordinance. Ordinance to consolidate the lists of elements harmful to health, of underground work and work of a special character, requiring reduced working time. Consolidates 3 lists : a list of elements harmful to health requiring reduced working time toxic substances, noise, vibration, ionizing radiation ; a list of underground work requiring reduced working time mining ; and a list of works, occupations and duties of a special character requiring reduced working time medical personnel and civilian air force.
Eswatini - Mining and quarrying workers - Regulation, Decree, Ordinance. Provides comprehensive regulations on conditions of work and wages of persons employed in the mining and quarrying industries.
The provisions cover, inter alia, work stoppage, overtime, public holidays, annual leave, sick leave, and maternity leave. Made under the Wages Act No. Adoption : SWZR The Mines and Quarries Machinery Regulations Legal Notice No. Repeals the Mines, Works and Machinery Regulationsexcept reg. The Mines and Quarries Safety Regulations Repeals the Mines, Works and Machinery Regulations to the extent that they relate to mines and quarries.
Ethiopia - Mining and quarrying workers - Regulation, Decree, Ordinance. Ethiopia - Mining and quarrying workers - Law, Act. Mining Operations Amendment Proclamation No. Mining Operations Proclamation No. Détermine les obligations de l'employeur: conception, construction, équipement, utilisation et entretien appropriés des lieux de travail; supervision des travaux par une personne responsable; compétence des travailleurs pour les travaux comportant un risque particulier; clarté des consignes de sécurité et installations de sécurité adéquates.
Prévoit la préparation et la mise à jour par l'employeur d'un document en matière de sécurité et de santé déterminant et évaluant les risques et indiquant les mesures adoptées. Contient des dispositions prévoyant la mise en place et l'entretien de systèmes de protection contre les incendies, les explosions et les atmosphères nocives et de moyens d'évacuation, de sauvetage, de communication et d'alarme.
Les travailleurs doivent être informés des mesures à prendre et faire l'objet d'une surveillance médicale. En annexe: liste des prescriptions minimales de sécurité et de santé. L'employeur doit prendre des mesures de protection contre les incendies, les explosions et les atmosphères nocives; assurer la mise en place et l'entretien de moyens d'évacuation et de sauvetage et installer des systèmes de communication, d'avertissement et d'alarme.
Les travailleurs doivent être informés des mesures concernant leur sécurité et leur santé. Fiji - Mining and quarrying workers - Regulation, Decree, Ordinance. Wages Mining and Quarrying Regulations L. Fiji - Mining and quarrying workers - Law, Act. Mining Amendment Decree No. Amends Part II of the Act with respect to prospecting licences for mining of the seabed. Mining Act [Cap ]. Repeals the Mining Ordinance. Sets out provisions for the prospecting for and mining of precious metals and other minerals.
Finland - Mining and quarrying workers - Regulation, Decree, Ordinance. Contains 7 chapters and 31 sections respecting, inter alia: Chapter 1: Application and definitions. Chapter 2: Planning the blasting and excavation operation. Chapter 3: Persons conducting blasting operations and responsible persons.
Chapter 4: Explosives in the workplace. Chapter 5: Implementation of the blasting work. Chapter 6: Additional requirements for underground excavation. Chapter 7: Special provisions. Finland - Mining and quarrying workers - Miscellaneous circular, directive, legal notice, instruction, etc. Decision No. Decision of the Council of State to lay down rules for blasting and quarrying.
Adoption : FINM Order of the Minister of Commerce and Industry lay down safety rules for mines. Adoption : FINR 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.
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 the possibility of transferring to one another proceedings for the prosecution of an offence established in accordance with 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.
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. States Parties shall, in particular, take effective measures:.
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 States Parties may consider this Convention to be 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 organisations, to enhance the cooperation between their law enforcement agencies. States Parties shall endeavour to cooperate within their means to respond to offences covered by this Convention committed through the use of modern technology.
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.
In order to combat corruption effectively, each State Party shall, to the extent permitted by the basic principles of its domestic legal system and in accordance with the conditions prescribed by its domestic law, take such measures as may be necessary, within its means, to allow for the appropriate use by its competent authorities of controlled delivery and, where it deems appropriate, other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, within its territory, and to allow for the admissibility in court of evidence derived therefrom.
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. 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.
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 or funds to continue intact or be removed or replaced in whole or in part. The return of assets pursuant to this chapter is a fundamental principle of this Convention, and States Parties shall afford one another the widest measure of cooperation and assistance in this regard.
Without prejudice to Article 14 of this Convention, each State Party shall take such measures as may be necessary, in accordance with its domestic law, to require financial institutions within its jurisdiction to verify the identity of customers, to take reasonable steps to determine the identity of beneficial owners of funds deposited into high-value accounts and to conduct enhanced scrutiny of accounts sought or maintained by or on behalf of individuals who are, or have been, entrusted with prominent public functions and their family members and close associates.
Such enhanced scrutiny shall be reasonably designed to detect suspicious transactions for the purpose of reporting to competent authorities and should not be so construed as to discourage or prohibit financial institutions from doing business with any legitimate customer. In order to facilitate implementation of the measures provided for in paragraph 1 of this Article, each State Party, in accordance with its domestic law and inspired by relevant initiatives of regional, interregional and multilateral organisations against money-laundering, shall:.
Issue advisories regarding the types of natural or legal person to whose accounts financial institutions within alton towers rides front seat 2014 jurisdiction will be expected to apply enhanced scrutiny, the types of accounts and transactions to which to pay particular attention and appropriate account-opening, maintenance and record-keeping measures to take cellulite a eliminer such accounts; and.
Where appropriate, notify financial institutions within its jurisdiction, at the request of another State Party or on its own initiative, of the identity of particular natural or legal persons to whose accounts such institutions will be expected to apply enhanced scrutiny, in addition to those whom the financial institutions may otherwise identify.
In the context of paragraph 2 a of this Article, each State Party shall implement measures to ensure that its financial institutions maintain adequate records, over an appropriate period of time, of accounts and transactions involving the persons mentioned in paragraph 1 of this Article, which should, as a minimum, contain information relating to the identity of the customer as well as, as far as possible, of the beneficial owner.
With the aim of preventing and detecting transfers of proceeds of offences established in accordance with this Convention, each State Party shall implement appropriate and effective measures to prevent, with the help of its regulatory and oversight bodies, the establishment of banks that have no physical presence and that are not affiliated with a regulated financial group.
Moreover, States Parties may consider requiring their financial institutions to refuse to enter into or continue a correspondent banking relationship with such institutions and to guard against establishing relations with foreign financial institutions that permit their accounts to be used by banks that have no physical presence and that are not affiliated with a regulated financial group.
Each State Party shall consider establishing, in accordance with its domestic law, effective financial disclosure systems for appropriate public officials and shall provide for appropriate sanctions for non-compliance.
Each State Party shall also consider taking such measures as may be necessary to permit its competent authorities to share that information with the competent authorities in other States Parties when necessary to investigate, claim and recover proceeds of offences established in accordance with this Convention. Each State Party shall consider taking such measures as may be necessary, in accordance with its domestic law, to require appropriate public officials having an interest in or signature or other authority over a financial account in a foreign country to report that relationship to appropriate authorities and to maintain appropriate records related to such accounts.
Such measures shall also provide for appropriate sanctions for non-compliance. Take such measures as may be necessary to permit another State Party to initiate civil action in its courts to establish title to or ownership of property acquired through the commission of an offence established in accordance with this Convention. Take such measures as may be necessary to permit its courts to order those who have committed offences established in accordance with this Convention to pay compensation or damages to another State Party that has been harmed by such offences; and.
Take such measures as may be necessary to permit its courts or competent authorities, when having to decide on confiscation, to recognise another State Party's claim as a legitimate owner of property acquired through the commission of an offence established in accordance with this Convention. Mechanisms for recovery of property through international cooperation in confiscation.
Each State Party, in order to provide mutual legal assistance pursuant to Article 55 of this Convention with respect to property acquired through or involved in the commission of an offence established in accordance with this Convention, shall, in accordance with its domestic law:. Take such measures as may be necessary to permit its competent authorities to give effect to an order of confiscation issued by a court of another State Party. Take such measures as may be necessary to permit its competent authorities, where they have jurisdiction, to order the confiscation of such property of foreign origin by adjudication of an offence of money-laundering or such other offence as may be within its jurisdiction or by other procedures authorised under its domestic law; and.
Consider taking such measures as may be necessary to allow confiscation of such property without a criminal conviction in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases. Each State Party, in order to provide mutual legal assistance upon a request made pursuant to paragraph 2 of Article 55 of this Convention, shall, in accordance with its domestic law:.
Take such measures as may be necessary to permit its competent authorities to freeze or seize property upon a freezing or seizure order issued by a court or competent authority of a requesting State Party that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph 1 a of this Article.
Take such measures as may be necessary to permit its competent authorities to freeze or seize property upon a request that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph 1 a of this Article; and.
Consider taking additional measures to permit its competent authorities to preserve property for confiscation, such as on the basis of a foreign arrest or criminal charge related to the acquisition of such property. A State Party that has received a request from another State Party having jurisdiction over an offence established in accordance with this Convention for confiscation of proceeds of crime, property, equipment or other instrumentalities referred to in Article 31 1 of this Convention situated in its territory shall, to the greatest extent possible within its domestic legal system:.
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. 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 Articles 31 1 and 54 1 a of this Convention insofar as it relates to proceeds of crime, property, equipment or other instrumentalities referred to in Article 31, paragraph 1, situated in the territory of the requested State Party.
Following a request made by another State Party having jurisdiction over an offence established in accordance with 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 31 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.
The provisions of Article 46 of this Convention are applicable, mutatis mutandis, to this Article. In addition to the information specified in Article 46 15 requests made pursuant to this Article shall contain:.
In the case of a request pertaining to paragraph 1 a of this Article, a description of the property to be confiscated, including, to the extent possible, the location and, where relevant, the estimated value of the property 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.
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, a statement specifying the measures taken by the requesting State Party to provide adequate notification to bona fide third parties and to ensure due process and a statement that the confiscation order is final.
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 and, where available, a legally admissible copy of an order on which the request is based.
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 agreement or arrangement to which it may be bound in relation to the requesting State Party.
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.
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. Cooperation under this Article may also be refused or provisional measures lifted if the requested State Party does not receive sufficient and timely evidence or if the property is of a de minimis value.
Before lifting any provisional measure taken pursuant to this Article, the requested State Party shall, wherever possible, give the requesting State Party an opportunity to present its reasons in favour of continuing the measure.
The provisions of this Article shall not be construed as prejudicing the rights of bona fide third parties. Without prejudice to its domestic law, each State Party shall endeavour to take measures to permit it to forward, without prejudice to its own investigations, prosecutions or judicial proceedings, information on proceeds of offences established in accordance with this Convention to another State Party without prior request, when it considers that the disclosure of such information might assist the cellulite et marc de café avis State Party in initiating or carrying out investigations, prosecutions or judicial proceedings or might lead to a request by that State Party under this chapter of the Convention.
Property confiscated by a State Party pursuant to Article 31 or 55 of this Convention shall be disposed of, including by return to its prior legitimate owners, pursuant to paragraph 3 of this Article, by that State Party in accordance with the provisions of this Convention and its domestic law.
Each State Party shall adopt such legislative and other measures, in accordance with the fundamental principles of its domestic law, as may be necessary to enable its competent authorities to return confiscated property, when acting on the request made by another State Party, in accordance with this Convention, taking into account the rights of bona fide third parties.
In accordance with Articles 46 and 55 of this Convention and paragraphs 1 and 2 of this Article, the requested State Party shall:. In the case of embezzlement of public funds or of laundering of embezzled public funds as referred to in Articles 17 and 23 of this Convention, when confiscation was executed in accordance with Article 55 and on the basis of a final judgement in the requesting State Party, a requirement that can be waived by the requested State Party, return the confiscated property to the requesting State Party.
In the case of proceeds of any other offence covered by this Convention, when the confiscation was executed in accordance with Article 55 of this Convention and on the basis of a final judgement in the requesting State Party, a requirement that can be waived by the requested State Party, return the confiscated property to the requesting State Party, when the requesting State Party reasonably establishes its prior ownership of such confiscated property to the requested State Party or when the requested State Party recognises damage to the requesting State Party as a basis for returning the confiscated property.
In all other cases, give priority consideration to returning confiscated property to the requesting State Party, returning such property to its prior legitimate owners or compensating the victims of the crime. Where appropriate, unless States Parties decide otherwise, the requested State Party may deduct reasonable expenses incurred in investigations, prosecutions or judicial proceedings leading to the return or disposition of confiscated property pursuant to this Article.
Where appropriate, States Parties may also give special consideration to concluding agreements or mutually acceptable arrangements, on a case-by-case basis, for the final disposal of confiscated property.
States Parties shall cooperate with one another for the purpose of preventing and combating the transfer of proceeds of offences established in accordance with this Convention and of promoting ways and means of recovering such proceeds and, to that end, shall consider establishing a financial intelligence unit to be responsible for receiving, analysing and disseminating to the competent authorities reports of suspicious financial transactions.
States Parties shall consider concluding bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this chapter of the Convention. Each State Party shall, to the extent necessary, initiate, develop or improve specific training programmes for its personnel responsible for preventing and combating corruption.
Such training programmes could deal, inter aliawith the following areas:. States Parties shall, according to their capacity, consider affording one another the widest measure of technical assistance, especially for the benefit of developing countries, in their respective plans and programmes to combat corruption, including material support and training in the areas referred to in paragraph 1 of this Article, and training and assistance and the mutual exchange of relevant experience and specialised knowledge, which will facilitate international cooperation between States Parties in the areas of extradition and mutual legal assistance.
States Parties shall strengthen, to the extent necessary, efforts to maximise operational and training activities in international and regional organisations and in the framework of relevant bilateral regime syb multilateral agreements or arrangements.
States Parties shall consider assisting one another, upon request, in conducting evaluations, studies and research relating to the types, causes, effects and costs of corruption in their respective countries, with a view to developing, with the participation of competent authorities and society, strategies and action plans to combat corruption.
In order to facilitate the recovery of proceeds of offences established in accordance with this Convention, States Parties may cooperate in providing each other with the names of experts who could assist in achieving that objective. States Parties shall consider using subregional, regional and international conferences and seminars to promote cooperation and technical assistance and to stimulate discussion on problems of mutual concern, including the special problems and needs of developing countries and countries with economies in transition.
States Parties shall consider establishing voluntary mechanisms with a view to contributing financially to the efforts of developing countries and countries with economies in transition to apply this Convention through technical assistance programmes and projects.
Each State Party shall consider making voluntary contributions to the United Nations Office on Drugs and Crime for the purpose of fostering, through the Office, programmes and projects in developing countries with a view to implementing this Convention. Each State Party shall consider analysing, in consultation with experts, trends in corruption in its territory, as well as the circumstances in which corruption offences botox osteoarthritis knee treatment committed.
States Parties shall consider developing and sharing with each other and through international and regional organisations statistics, analytical expertise concerning corruption and information with a view to developing, insofar as possible, common definitions, standards and methodologies, as well as information on best practices to prevent and combat corruption. Each State Party shall consider monitoring its policies and actual measures to combat corruption and making assessments of their effectiveness and efficiency.
Other measures: implementation of the Convention through economic development and technical assistance. 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 corruption on society in general, in particular on sustainable development.
States Parties shall make concrete efforts to the extent possible and in coordination with each other, as well as with international and regional organisations:. To enhance their cooperation at various levels with developing countries, with a view to strengthening the capacity of the latter to prevent and combat corruption. To enhance financial and material assistance to support the efforts of developing countries to prevent and fight corruption effectively and to help them implement this Convention successfully.
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 that 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.
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. 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.
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 corruption.
A Conference of the States Parties to the Convention is hereby established to improve the capacity of and cooperation between States Parties to achieve the objectives set forth in this Convention and to promote and review its implementation.
The Secretary-General of the United Nations shall convene the Conference of the States Parties not later than one year following the entry into force of this Convention. Thereafter, regular meetings of the Conference of the States Parties shall be held in accordance with the rules of procedure adopted by the Conference. The Conference of the States Parties shall adopt rules of procedure and rules governing the functioning of the activities set forth in this Article, including rules concerning the admission and participation of observers, and the payment of expenses incurred in carrying out those activities.
The Conference of the States Parties shall agree upon activities, procedures and methods of work to achieve the objectives set forth in paragraph 1 of this Article, including:.
Facilitating activities by States Parties under Articles 60 and 62 and Chapters II to V of this Convention, including by encouraging the mobilisation of voluntary contributions. Facilitating the exchange of information among States Parties on patterns and trends in corruption and on successful practices for preventing and combating it and for the return of proceeds of crime, through, inter aliathe publication of relevant information as mentioned in this Article.
Cooperating with relevant international and regional organisations and mechanisms and non-governmental organisations.
Making appropriate use of relevant information produced by other international and regional mechanisms for combating and preventing corruption in order to avoid unnecessary duplication of work.
Reviewing periodically the implementation of this Convention by its States Parties. Taking note of the technical assistance requirements of States Parties with regard to the implementation of this Convention and recommending any action it may deem necessary in that respect. For the purpose of paragraph 4 of this Article, the Conference of the States 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 States Parties.
Each State Party shall provide the Conference of the States Parties with information on its programmes, plans and practices, as well as on legislative and administrative measures to implement this Convention, as required by the Conference of the States Parties. The Conference of the States Parties shall examine the most effective way of receiving and acting upon information, including, inter aliainformation received from States Parties and from competent international organisations.
Inputs received from relevant non-governmental organisations duly accredited in accordance with procedures to be decided upon by the Conference of the States Parties may also be considered. Pursuant to paragraphs 4 to 6 of this Article, the Conference of the States Parties shall establish, if it deems it necessary, any appropriate mechanism or body to assist in the effective implementation of the Convention.
The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the States Parties to the Convention. Assist the Conference of the States Parties in carrying out the activities set forth in Article 63 of this Convention and make arrangements and provide the necessary services for the sessions of the Conference of the States Parties.
Upon request, assist States Parties in providing information to the Conference of the States Parties as envisaged in Article 63, paragraphs 5 and 6, of this Convention; and. Ensure the necessary coordination with the secretariats of relevant international and regional organisations. 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.
Each State Party may adopt more strict or severe measures than those provided for by this Convention for preventing and combating corruption.
States Parties shall endeavour to settle disputes concerning the interpretation or application of this Convention through negotiation. 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 organisation 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. 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.
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. This Convention shall also be open for signature by regional economic integration organisations provided that at least one member State of such organisation has signed this Convention in accordance with regime vegetarien mode demploi wifi 1 of this Article.
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 organisation 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 organisation shall declare the extent of its competence with respect to the matters governed by this Convention.
Such organisation shall also inform the depositary of any relevant modification in the extent of its competence. This Convention is open for accession by any State or any regional economic integration organisation 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 organisation shall declare the extent of its competence with respect to matters governed by this Convention.
This Convention shall enter into force on the 90th day after the date of deposit of the 30th instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organisation shall not be counted as additional to those deposited by Member States of such organisation. For each State or regional economic integration organisation ratifying, accepting, approving or acceding to this Convention after the deposit of the thirtieth instrument of such action, this Convention shall enter into force on the 30th day after the date of deposit by such State or organisation of the relevant instrument or on the date this Convention enters into force pursuant to paragraph 1 of this Article, whichever is later.
After the expiry of five years from the entry into force of this Convention, a State Party may propose an amendment and transmit it to the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the States Parties to the Convention for the purpose of considering and deciding on the proposal. The Conference of the States 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 States Parties.
Regional economic integration organisations, 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.