Report of the Ad Hoc Committee for the Negotiation of a Convention Against Corruption on Its Third Session, Held in Vienna from 30 September to 11 October 2002

General Assembly Distr.: General 26 November 2002

Original: English

Ad Hoc Committee for the Negotiation of a Convention against Corruption Fourth session Vienna, 13-24 January 2003 Item 3 of the provisional agenda∗ Consideration of the draft United Nations Convention against Corruption

Report of the Ad Hoc Committee for the Negotiation of a Convention against Corruption on its third session, held in Vienna from 30 September to 11 October 2002

Contents Paragraphs Page

I. Introduction ...... 1-4 1 II. Organization of the session ...... 5-16 1 A. Opening of the session ...... 5-13 1 B. Attendance...... 14 4 C. Adoption of the agenda and organization of work ...... 15 4 D. Documentation ...... 16 4 III. Consideration of the draft United Nations Convention against Corruption ...... 17-28 4

IV. Adoption of the report of the Ad Hoc Committee on its third session ...... 29-33 7 Annexes

I. List of participants ...... 9 II. List of documents before the Ad Hoc Committee at its third session ...... 16

∗ A/AC.261/10.

V.02-59986 (E) 131202 161202 *0259986* A/AC.261/9

I. Introduction

1. In its resolution 55/61 of 4 December 2000, the General Assembly recognized that an effective international legal instrument against corruption, independent of the United Nations Convention against Transnational Organized Crime (resolution 55/25, annex I) was desirable and established an ad hoc committee for the negotiation of such an instrument in Vienna at the headquarters of the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention. 2. The Intergovernmental Open-Ended Expert Group to Prepare Draft Terms of Reference for the Negotiation of a Future Legal Instrument against Corruption, convened pursuant to General Assembly resolution 55/61, met in Vienna from 30 July to 3 August 2001 and recommended to the Assembly, through the Commission on Crime Prevention and Criminal Justice and the Economic and Social Council, the adoption of a draft resolution on the terms of reference for the negotiation of an international legal instrument against corruption, which the Assembly subsequently adopted as resolution 56/260 of 31 January 2002. 3. In its resolution 56/260, the General Assembly decided that the Ad Hoc Committee should negotiate a broad and effective convention, which, subject to the final determination of its title, should be referred to as the “United Nations Convention against Corruption”. 4. The General Assembly also requested the Ad Hoc Committee, in developing the draft convention, to adopt a comprehensive and multidisciplinary approach and to consider, inter alia, the following indicative elements: definitions; scope; protection of sovereignty; preventive measures; criminalization; sanctions and remedies; confiscation and seizure; jurisdiction; liability of legal persons; protection of witnesses and victims; promoting and strengthening international cooperation; preventing and combating the transfer of funds of illicit origin derived from acts of corruption, including the laundering of funds, and returning such funds; technical assistance; collection, exchange and analysis of information; and mechanisms for monitoring implementation.

II. Organization of the session

A. Opening of the session

5. The Ad Hoc Committee for the Negotiation of a Convention against Corruption held its third session in Vienna from 30 September to 11 October 2002, during which it held 20 meetings. 6. At the 39th meeting, on 30 September, the Chairman made a statement in which he recalled the progress achieved by the Ad Hoc Committee at its first two sessions, during which the first reading of the draft United Nations Convention against Corruption had been completed. He called upon delegations to remain flexible, be innovative and ready to compromise and make every effort to reach consensus during the second reading of the draft convention, while maintaining the same vigorous pace and high standards of quality. He recalled the spirit of cooperation that had prevailed during the first reading, adding that at no time had

A/AC.261/9 any delegation taken a position that ruled out the possibility of reaching agreement or indicated that there was an issue on which a compromise could not be reached. 7. The Chairman then mentioned some of the issues that would require delegations to demonstrate a spirit of cooperation. Without wishing to prejudge the negotiations on the question of whether to include corruption in the private sector in the draft convention, he recalled that some States had recently adopted legislation intended to offer protection against private malfeasance. That legislation provided for the creation of oversight mechanisms for professions such as auditors or the reinforcing of mechanisms that had proved inadequate. He also noted that there seemed to be agreement among ministers of finance of various countries on the establishment of efficient common standards in relation to the oversight of certain forms of conduct by corporations, which had a direct relevance to public confidence. 8. The Chairman stated that the Ad Hoc Committee should pay special attention to the issue of prevention, debating in depth the nature of measures to be agreed upon and taking into account differences in legal and cultural systems while maintaining the standards required to be effective against and to have a real impact on corruption. He invited the Ad Hoc Committee to ensure that the relevant provisions on criminalization were sufficiently broad and covered the full range of acts of corruption. 9. The Chairman stated that he was heartened by the high level of attendance and the presence of representatives of least developed countries at the sessions of the Ad Hoc Committee. He expressed his gratitude to the donors who had made it possible for the representatives of least developed countries to attend. 10. The representative of Argentina, speaking on behalf of the States members of the Group of Latin American and Caribbean States, expressed the interest of the Group in discussing the issues of definition, prevention and criminalization of corruption with respect to both the public sector and the private sector. He noted that, in view of the linkage between the two sectors, adopting a “limited” approach would adversely affect the implementation of the future convention. He also mentioned that the members of the Group would prefer an autonomous definition of “public official”, a definition, that is, that did not refer to the domestic legislation of States parties. A uniform definition would simplify the application of the future convention. 11. The representative of Argentina stated that the members of the Group of Latin American and Caribbean States supported the idea of including in the draft convention a provision for a code of conduct to ensure the correct, honourable and proper conduct of public officials, as well as provisions on the obligation of public officials to make a sworn statement regarding their financial situation, on transparency in the funding of political parties and on the criminalization of trading in influence. 12. The representative of Argentina stressed that the members of the Group of Latin American and Caribbean States deemed it of the greatest importance to find a way, despite the difficulties involved, to include in the draft convention a provision on criminalization of the illicit enrichment of public officials.

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13. The representative of Argentina thanked the Secretariat for the work done in preparing and servicing the sessions of the Ad Hoc Committee.

B. Attendance

14. The third session of the Ad Hoc Committee for the Negotiation of a Convention against Corruption was attended by representatives of 123 States. Also attending the third session were observers for specialized agencies and related organizations of the United Nations system, other intergovernmental organizations and non-governmental organizations.

C. Adoption of the agenda and organization of work

15. At its 39th meeting, on 30 September 2002, the Ad Hoc Committee adopted the following agenda for its third session: 1. Opening of the third session of the Ad Hoc Committee. 2. Adoption of the agenda and organization of work. 3. Consideration of the draft United Nations Convention against Corruption, with particular emphasis on articles 1-39. 4. Adoption of the report of the Ad Hoc Committee on its third session.

D. Documentation

16. At its third session, the Ad Hoc Committee had before it, in addition to the documents prepared by the Secretariat, documents containing proposals and contributions submitted by the Governments of Austria, Algeria, Argentina, Bahrain, Belarus, Botswana, Cameroon, Canada, Chile, China, Colombia, Cuba, the Czech Republic, France, Germany, India, Indonesia, Iran (Islamic Republic of), Kuwait, Lebanon, the Libyan Arab Jamahiriya, Malaysia, Mexico, the Netherlands, New Zealand, Oman, Pakistan, Peru, the Philippines, Qatar, the Russian Federation, Saudi Arabia, South Africa, Switzerland, the Syrian Arab Republic, Turkey, Ukraine, the United Arab Emirates, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Venezuela, Viet Nam, Yemen, Zambia and Zimbabwe. Argentina also submitted proposals on behalf of the States members of the Group of Latin American and Caribbean States and the European Commission on behalf of the States Members of the United Nations that are also members of the European Union. The Chairman also submitted a number of proposals. The list of documents is contained in annex II to the present report.

III. Consideration of the draft United Nations Convention against Corruption

17. At its third session, on the recommendation of its bureau, the Ad Hoc Committee decided to defer its consideration of chapter I, on general provisions, until it had completed its consideration of chapter II, on preventive measures, and

A/AC.261/9 the articles on criminalization in chapter III. Thus, the Ad Hoc Committee began by considering article 4 bis, the first article in chapter II. 18. On the recommendation of its bureau, the Ad Hoc Committee decided that István Horváth (Hungary) would replace Karoly Bard (Hungary) as Vice-Chairman. 19. At the 49th meeting, on 7 October, the Chairman welcomed the Minister of Foreign Affairs of Nigeria, adding that his presence at the third session of the Ad Hoc Committee demonstrated the importance Nigeria attached to the negotiation of the draft convention. 20. The Minister of Foreign Affairs of Nigeria highlighted the various initiatives that Nigeria had taken at the national, regional and international levels to address the problem of corruption, including the adoption of legislation establishing an independent commission and the organization, in collaboration with the Office for Drug Control and Crime Prevention, of the International Conference on Corruption and Organized Crime: Challenges for the New Millennium, held in Abuja from 7 to 11 May 2000. He emphasized the importance of the Protocol against Corruption that had recently been adopted by the Southern African Development Community, the draft convention against money-laundering of the Economic Community of West African States, which was at an advanced stage of preparation, and the draft convention on preventing and combating corruption of the African Union. 21. The Minister of Foreign Affairs of Nigeria stated that the Ad Hoc Committee should ensure that the draft United Nations Convention against Corruption provided a global framework of principles and institutions that would address the international dimension of the misconduct of public officials. The draft convention should also seek to establish and promote minimum standards of transparency in the management of public affairs. To achieve that shared objective, the danger of subjecting the provisions of the draft convention to the principles of diverse domestic legal systems should be avoided. It should facilitate and accelerate the seizure, confiscation and return of proceeds of corruption to their countries of origin. 22. It should also cover development of appropriate mechanisms for international cooperation, especially in the areas of extradition and mutual legal assistance, and in the investigation and prosecution of acts of corruption. 23. In conclusion, the Minister emphasized that, to be effective and meaningful, the future convention should include a definition of corruption that encompassed all possible acts of corruption and meet the legal requirements of the diverse judicial systems of all regions of the world. 24. At the 51st meeting, on 8 October, the Chairman outlined the status of the negotiations as follows: (a) the Ad Hoc Committee had carried out the second reading of the chapter on preventive measures, that is, articles 4 bis-14; (b) following the second reading, in plenary, during which all delegations had had the opportunity to state their views and make proposals on those articles, the Vice- Chairmen leading the deliberations had assigned the revision of those articles to informal working groups; (c) following the work of the informal working groups, the Ad Hoc Committee had received the revised texts and had had the opportunity to review once again in plenary articles 5-7 and 9 bis; and (d) in view of the fact that there had been a number of proposals on article 8, the Ad Hoc Committee had

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suspended the second reading of that article until all of the proposals had been distributed in the official languages of the United Nations. 25. Taking into account the status of the negotiations, the Chairman had convened the bureau of the Ad Hoc Committee, which had decided to propose the following course of action for the remainder of the third session: (a) The draft revised text of articles 5, 5 bis, 6, 7 and 9 bis would be inserted into the rolling text as outlined by the Vice-Chairmen when they summarized the discussion at the respective meetings of the Ad Hoc Committee. A succinct and clear footnote to that effect would accompany those articles in the revised text of the draft convention; (b) The draft revised text of articles 9 and 11-13, as produced by the informal working groups, would be inserted into the rolling text. A footnote would state that those articles had undergone a second reading and that the draft text of those articles had been produced by informal working groups at the request of the Vice-Chairman leading the deliberations, but that the Ad Hoc Committee had not had an opportunity to review them after their distribution; (c) The draft revised text of article 14 would be inserted into the rolling text, as proposed by the Vice-Chairman leading the deliberations, following the second reading. A footnote would state that fact; it would also indicate that the Ad Hoc Committee had not had the opportunity to review the proposal of the Vice- Chairman; (d) The proposals on articles 4 bis and 10 made during the third session would remain for consideration by the Ad Hoc Committee during its third reading of the draft text. The rolling text of those articles, as contained in document A/AC.261/3/Rev.1 and Corr.1, would not be replaced. A footnote to those articles would refer to those proposals to serve as a reminder to delegations preparing for the third reading; (e) At its 51st meeting, the Ad Hoc Committee would proceed with the second reading of the chapter on criminalization (arts. 19-39); (f) The Ad Hoc Committee would devote its 51st-55th meetings to consideration of the articles on criminalization (arts. 19-39); (g) In keeping with its original decision to revert to the general provisions after considering the articles on criminalization, the Ad Hoc Committee would begin its consideration of articles 1-4 at its 56th meeting; (h) The Ad Hoc Committee would carry out a second reading of article 8 at its 57th and 58th meetings. That would give delegations that had made proposals an opportunity to consolidate those proposals in order to facilitate the discussion. 26. The Ad Hoc Committee approved the proposals of the bureau. 27. At the 54th meeting, on 9 October, the Director-General of the United Nations Office at Vienna and Executive Director of the Office for Drug Control and Crime Prevention addressed the Ad Hoc Committee. The Executive Director reiterated the significance attached by the highest levels of the Secretariat to the work of the Ad Hoc Committee. He also emphasized the intense attention to and keen interest in the work that he had experienced in all countries he had visited.

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28. At its 39th to 58th meetings, on 30 September to 11 October, the Ad Hoc Committee continued and completed its second reading of articles 1, 2 (a), (d), (f), (n) and (o), 4 bis-19 bis, 21-29 and 31 of the draft convention. It based its consideration of those articles on the consolidated text contained in document A/AC.261/3/Rev.1 and Corr.1 and on proposals and contributions made by Governments (A/AC.261/L.88-129 and L.133-152).

IV. Adoption of the report of the Ad Hoc Committee on its third session

29. On the recommendation of its bureau, the Ad Hoc Committee decided to continue its second reading of the draft convention at its fourth session. The proposed organization of work for the fourth session will reflect that decision. 30. At its 58th meeting, on 11 October, the Ad Hoc Committee adopted the report on its third session (A/AC.261/L.130). 31. At the same meeting, the Ad Hoc Committee approved the provisional agenda and proposed organization of work for its fourth session, to be held in Vienna from 13 to 24 January 2003 (A/AC.261/L.132). 32. On the recommendation of the United Kingdom, the Ad Hoc Committee requested the Secretariat to prepare for the fourth session of the Ad Hoc Committee a paper containing a factual account of provisions of United Nations and regional conventions related to follow-up or implementation mechanisms. The representative of Peru recommended that the submission of the Secretariat be in the form of a conference room paper. 33. In closing the session, the Chairman reiterated his call to all delegations to make an extra effort to arrive at acceptable and workable solutions. The Chairman also emphasized the importance for all delegations to make proposals in good time, and preferably in advance of the sessions of the Ad Hoc Committee, in order to give the Secretariat sufficient time to process and disseminate proposals in the six official languages. That was crucial to enable all delegations to give proposals the consideration they merited and to take them into account fully in preparing for the negotiations. The Chairman then referred to the fact that the rolling text emerging from the second reading included a number of square brackets. The bureau of the Ad Hoc Committee felt that the use of square brackets was only for presentation reasons and had no other significance. Inclusion of a provision or phrase in square brackets meant only that the matter was open for further discussion and the square brackets served as a reminder to delegations to that effect. The Chairman also expressed his concern about the repeated references in the draft text of the convention to the conformity of its provisions with domestic law. In his view, such references should be the exception rather than the norm, because international law was not meant to be a mere reflection of national laws. Negotiations such as those carried out by the Ad Hoc Committee offered an opportunity to codify innovative approaches to common problems, to which national laws could aspire. Such an opportunity should not be missed. Further, the Chairman expressed the view that the Ad Hoc Committee had to work earnestly to avoid the perception that some proposals might create of reducing the scope of the new convention. In that connection, the Chairman recalled General Assembly resolution 56/260, in which

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the Assembly had requested the Ad Hoc Committee to develop a broad and effective convention, following a comprehensive and multidisciplinary approach.

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Annex I

List of participants

States

Afghanistan Farid Amin, Amanullah Zeweri Algeria Taous Ferroukhi, Nabil Hattali, Linda Briza, Abdelmadjid Mahreche, M’hamed Oualitsene, Mustapha Laharch, Lotfi Boufedji Angola Henrique dos Santos, F. L. Figueiredo, Astrigildo Culolo, Julio Helder Moura Lucas, Jose Leitao Bravo da Costa Antigua and Ronald M. Sanders, Eike Malling Barbuda Argentina Gustavo E. Figueroa, Beatriz Vivas de Lezica Australia Peter Scott, Kerin Leonard, Elizabeth Day Austria Thomas Stelzer, Johann Froehlich, Helmut Tichy, Michael Postl, Wolfgang Spadinger, Johann Haller, Fritz Zeder, Gudrun Zagel, Hans Almoslechner Azerbaijan Vaqif Sadiqov, Fikrat Axundov, Faxraddin Qambarov Bahrain Mohamed Rashid Buhamood Belarus Viktar Gaisenak, Olga Zvereva Belgium Jean-Marie Noirfalisse, Jean-Cedric Janssens de Bisthoven, Jean Sébastien Jamart, Wouter Boucique, Peter De Roeck Benin Fortune Luc Olivier Guezo, Anne Cica Adjaï, Louis Lino Hadonou Bolivia Mary Carrasco Monje, Guadalupe Cajías, Karen Longaric, Ramiro Rivas, Miriam Siles Crespo, Marco Alandia Botswana Tymon M. Katlholo, Lizo Ngcongco Brazil Roberto Abdenur, Rafael Koerig Gessinger, Renato de Alencar Lima, Milton Nunes Toledo Junior Brunei Darussalam Wasil Mohd. Taib, Nabil Daraina Pukdp Badaruddin, Md. Juanda A. Rashid Bulgaria Traiko Spasov, Tzvety Romanska Burkina Faso Mamadou Serme, Augustin Salambanga, Lazare Gansore, Ousmane Traore Burundi Jean Pierre Ndayiragije Cambodia Lim Eng

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Cameroon Egbe Achou Hillmann, Nicolas Nzoyoum, Esther Ngo Moutngui Canada Keith Morrill, Douglas Breithaupt, Simon Cridland, Scott Proudfoot, Yves Beaulieu Cape Verde Boaventura Jose dos Santos, Alírio Vicente Silva, Carla Miranda Spinola Chile Raimundo González Aninat, Luis Plaza Gentina, Alvaro Guzman China Zhang Yan, Zhang Honghong, Wang Dong, Chen Zhengyun, Zhao Xiangjun, Ye Xiaoying, Tian Lixiao, Jiang Hao, Zhao Qiang, Ke Yousheng, Liu Xiaoyan Colombia Hector Charry Samper, Carlos Rodriguez Bocanegra, Diana Patricia Mejia Molina, Hugo Alcides Peñafort Sarmiento Comoros Mahmoud Aboud Côte d’Ivoire Bakassa Bakayoko Croatia Vladimir Matek, Vesna Vukovic, Zeljko Horvatic Cuba José Ramon Cabanas Rodriguez, Juana Elena Ramos Rodriguez, José Miguel Betancourt Araoz, Julio-César González Cyprus Stavros A. Epaminondas, Robertos Vrahimis, Antonios Theocharous Czech Republic Jan Vidrna, Oldrich Krulík, Jaroslav Stepanek Democratic Republic Zénon Mukongo Nagy of the Congo Denmark Torban Mailand Christensen, Birte Poulsen, Lennart Houmann, Lise Lauridsen, Christina Melson Paludan Ecuador Patricio Palacios, Rosa Vásquez de Messmer Egypt Maher Abdel Wahed, Sameh Shoukry, Iskandar Ghatas, Ahmed Fathalla, Mohamed Ahmed Saad, Salah Eldin Zidan Taha, Samy Abou El Nour Abdel Moneim, Hassan Al Laithy, Yasser Elatawi, Abdel Wahab Bakir Estonia Tonu Miller Ethiopia Gebremichael Getaneh, Ajebe Ligaba Wolde Finland Tom Grönberg, Jaakko Halttunen, Antti Kaski France Patrick Villemur, Philippe Meunier, Michèle Ramis-Plum, Frédéric Baab, Philippe Mettoux, Claude Girard, Julien Deruffe, Gisèle Clement, Olivia Diego, François Lefebvre Gambia Abdul Rahman Cole

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Germany Karl Borchard, Joerg Werner Wolfgang Marquardt, Manfred Moehrenschlager, Michael Ott, Hans-Rainer Albrecht, Manon Geissler, Joachim Ziegler Greece Christos Alexandris, Ioannis Tassopoulos, Ekaterini Fountoulaki Guatemala Federico Urruela Prado, Rossana Rivas Godoy Guinea Mohamed Lamine Camara, Abdoulaye Sampou Guinea-Bissau Paulo Mendes Junior Haiti Michelange Obas Holy See Leo Boccardi, Ladislav Nemet, Agustin Vaz Guerrero Hungary István Horváth, Ákos Borai, Attila Zsigmond, Árpád L. Eördögh, Gizella Vass India A. K. Aggarwal, T. P. Sreenivasan, Hamid Ali Rao, Ashwani Kumar, Hemant Karkare, Partha Satpathy Indonesia T. A. Samodra Sriwidjaya, Bambang Prayitno, Harry Purwanto, Haris Nugroho, Odo Rene Mathew Manuhutu Iran (Islamic Mehdi Danesh-Yazdi, Hassan Abedi Jafari, Hossein Republic of) Ghazavi Khorasgani, Azizollah Negahban, Ali Hajigholam Saryazdi, Esmaeil Baghaee Hamaneh Iraq Rasheed M. Hasan, Loubayd Sii Mohammed Ireland Ronan Murphy, Maeve Clery, Con O’Carroll Italy Claudio Moreno, Gioacchino Polimeni, Alfonso Papa, Roberta Barberini, Silvia Della Monica, Nicola Maiorano, Giovanni Liguori, Paolo Granata, Maddalena Filippi Japan Yukio Takasu, Hirokazu Urata, Kei Umebayashi, Kenji Koike, Keiko Ishihara, Jiro Usui Jordan Muhyieddeen Touq, Jamal Al-shamayleh, Mohamed Hawamdeh, Musleh El Kaid, Sabah Al-Rafie Kazakhstan Vyacheslav Denissenko, Nolly Abylkhozhina Kenya Michael D. Kinyanjui, Florence T. Ochieng Kuwait Nabeela Al-Mulla, Bader Al-Masad, Zakaria Al-Ansari, Zeiad Al-Anbaie Lebanon Samir Chamma, Pierre Kanaan, Raymond Oueidat, Joumane Khaddage Lesotho P. R. Lebotsa, B. Matsoso, P. P. Makosholo Libyan Arab Salah A. Almargani, Abdulhakim H. Bouhmaida, Jamahiriya Abdulrahman Brshan, Jamal K. Beit-Almal, Nazak M. Alshawash

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Liechtenstein Robert Wallner, Patrick Ritter Lithuania Sarunas Adomavicius, Jurga Kasputiene Luxembourg Paul Faber, Luc Reding, Pierre Franck Madagascar Maurice Randrianame Malawi Gilton B. Chiwaula Malaysia Ahmad Said Hamdan, Yaacob Md. Sam, Rushan Lufti Mohamed, Rosnan Md. Ali, Anselm Charles Fernandis, Shariffah Norhana Syed Mustaffa Mali Christian Idrissa Diassana Mauritius Ivan Leslie Collendavelloo, Moossa Taujoo Mexico Patricia Espinosa Cantellano, Eduardo Peña Haller, Luis Javier Campuzano Piña, Eduardo Hector Miguel Flores, Sandro Garcia-Rojas Castillo, Raúl Carrera Pliego, Carlos Rochin, Julian Juarez Cadenas, Mario Guillermo Fromov Garcia Monaco Sabine-Anne Minazzoli Morocco Tajeddine Baddou, Bouzekri Mokdader, Abdesselam Elammani, Ahmed Ait-Taleb Mozambique Pedro Comissário Alfonso, Maria Isabel Rupia, Zainadine Dalsuco, Margarida Manja Namibia Lineekela J. Mboti, Maria Kaakunga, Anna-Letu Haitembu, Nada Kruger Nepal Basudev Lamichhane, Nanda Bahadur Subedi, Madhab Prasad Paudel Netherlands Jaap Ramaker, Anke Ter Hoeve-van Heek, Maarten Prinsen, Lenny Van Der Spek, Hans Abma, Frederik Krips, Irene Plugge New Zealand Barbara Bridge, Warren Arthur Young, Nazla Carmine Nicaragua Carlos Vicente Ibarra Padilla, José Alberto Altamirano Lacayo Niger Boukar Ary Mai Tanimoune Nigeria Sule Lamido, A. B. Rimdap, L. K. Iyanda, M. O. Laose, D. Adamu, S. L. Mohammed, I. V. Ogah, J. B. Odeka, J. Omede, Adagbo Onoja, Austin Ebuara Norway Ame Walther, Berit Tvete, Guro Hansson Bull, Marius Stub, Anniken Krutnes, Jan Børre Staff, Bent Sofus Tranøy, Kjetil Aasland, Hilde Svenneby Oman Ali Nasser Seif Al-Bualy, Khamis bin Salim Al-Khalili, Mohamed bin Khalfan Al-Aughaishi, Ahmad bin Said Al- Hosny

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Pakistan Ahmer Bilal Soofi Panama Jorge Enrique Halphen Perez Peru Javier Paulinich, Hugo Portugal, Aldo Omar Cairo Pastor, Fidel Segundo Rojas Vargas, Carlos Enrique Morelli, Manuel Alvarez Espinal Philippines Victor G. Garcia III, Mary Anne A. Padua Poland Anna Grupinska, Mariusz Skowronski, Zbigniew Wrona, Agnieszka Stawiarz, Irena Potapinska, Waclaw Gasiorowski, Jaroslaw Wereszczynski Portugal Carlos Neves Ferreira, Liliana Araújo, Maria do Carmo Costa, António Folgado Qatar Abdulla Yousef M. Al-Mal, Ahmad Abdullah Hussain Othman Al Houti, Mohammed Jassim Al-Sulaiti, Najat Al-Khalaf Republic of Korea Chung Hae-moon, Lee Whie-jin, Shin Maeng-ho, Kim Han-su Romania Liviu Bota, Ioan Pavel, Elena Bistiu, Dan Constantin Russian Federation I. I. Rogachev, M. I. Kalinin, V. I. Mikhailov, A. V. Tonkoglas, I. L. Smirnov, M. Y. Deev, V. A. Kolodyazhnyi, V. A. Grobovoy, V. V. Svinarev, A. G. Norchenko, A. G. Filimonova, V. V. Sergeev, D. R. Okhotnikov, S. V. Zemskyi Rwanda Paul Ruyenzi, Anaclet Nzabamwita Saudi Arabia Omar Mohammed Kurdi, Abdulrahim Al-Ghamdi, Abdullah Abdulrahman Al-Yousef, Saleh Abdullah Al-Ghamdi, Hamad S. Al-Natheer, Saad Bin Yahya Khwaji, Mohammed Al Mehizea, Majed Abdul-Mohssen Al Hamid, Ahmad Mohammed Al-Khouayter, Saud Al-Mutlaq Senegal Amadou Diallo, Felix Oudiane, Abou Diop Singapore Mathew Joseph, Yeow Cheong Low, Chyi Chin Anthony Hsu Slovakia Vladimir Kotulic, Oksana Tomova, Roman Goga, L’ubica Erdelska, Josef Malankevic, Marietta Sencáková, Jozef Szabo Slovenia Nina Radulovic South Africa A. P. Rapea, A. T. Moleah, I. K. Bodasing, B. Lyngisa Dyosi, A. J. Du Plessis, K. Mahlangu, N. S. Schoombie, N. S. Memela, S. V. Mangcotywa

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Spain Antonio Nuñez García-Saúco, Francisco de Miguel Alvarez, Alfredo Pascual Martinez, David Melgar, Eusterio Pérez Gago, Francisco Javier González Ibáñez, José María de las Cuevas Carretero, Rosalía Serrano, Ignacio Baylina Ruiz Sri Lanka W.A.T. Gunatillake, H.M.G.R.R.K. Wijeratne-Mendis Sudan Abdel Ghaffar A. Hassan, Ahmed Hassan Ahmed, Omer Ahmed Mohamed, Kamal Bashir Ahmed Sweden Håkan Öberg, Åsa Gustafsson Switzerland Jacques de Watteville, Heinrich Reimann, Lorenzo Schnyder Von Wartensee, Bernard Jaggy, Anita Marfurt, Muriel Barrelet, Christine Magnin, Tiziano Balmelli Syrian Arab Safwan Ghanem, Abboud Al-Sarraj, Hasan Khaddour Republic Thailand Karn Chiranond, Wanchai Roujanawong, Seehanat Prayoonrat, Chaiyot Sintuprasit, Piyatida Chongudomliuk, Suphanvasa Chotikajan, Rongvudhi Virabutr The former Yugoslav Aleksander Tavciovski, Zoran Todorov, Tatjana Janjic- Republic of Todorova Macedonia Togo Koffi Maxime Assah, Awoki Panassa, Essossimna Legzim- Balouki Tunisia Afif Hendaoui, Emna Lazoghli, Néjib Denguezli Turkey Aydin Sahinbas, Osman Paksüt, Osman Ulukan, Namik Güner Erpul, Tufan Höbek, Filiz Ercan Coskun, R. Bülent Tarhan, Sinan Esen, Rafet Ufuk Önder Uganda Richard Buteera, Elizabeth Musoke, G. Singh, Idule Amoko, Linda M. Tumusiime, B. Kainamura Ukraine Anatolii Redka, Victor Kryzhanivsky, Oleksii Shovkoplias, Liubov Butenko, Svitlana Pylypets, Volodymyr Omelyan United Arab Ali Hassan Al Shirawi, Abdullah Yousef Al Shamsi, Adel Emirates Issa Al Moheri United Kingdom of Peter Jenkins, Graham Minter, Mark Etherton, Ian Great Britain and Richards, Paul Stephenson, Phil Mason, Kate Dawson Northern Ireland Hazel Cameron, Sharon Boyle United Republic Robert M. Mayaya, Awadhi Mohamed of Tanzania United States Elizabeth Verville, Stephen Noble, John Harris, Kathleen of America Barmon, John Brandolino, Ashley Deeks, Jo-Ann Farrington, David Fisher, Joseph Gangloff, Thomas Heinemann

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Uruguay Elsa Borges, Gustavo Alvarez Venezuela Gustavo Márquez Marín, Adelina González, Miriam García de Perez, Victor Manzanes, Ernesto Navazio Viet Nam Hoang Van Nha, Nguyen Truong Giang, Ha Trong Cong, Nguyen Ngoc Anh, Nguyen Pham Kim Chi, Tran Thi Ngoc Bich, Vo Van Tuyen Yemen Ali Hameed Sharaf, Mohamed Yahya Ahmed Al-Sayaghi, Nageeb Ahmed Obeid, Abdulkader Ismail Mohamed, Ali Abdulla Al-Anisi, Abdurraman Mohamed A. Al-Hadrami, Abdulghani Thabit Al-Maktari Zimbabwe Vova Abednigo Chikanda, Benjamin T. Mhiripiri, Barbara Chimhandamba, P. Katsere

Entities represented by observers

Palestine

United Nations regional commissions

Economic Commission for Europe

Specialized agencies and related organizations of the United Nations system

World Health Organization, International Monetary Fund, United Nations Industrial Development Organization

Other intergovernmental organizations

Asian-African Legal Consultative Organization, Commonwealth Secretariat, Council of Arab Ministers of the Interior, Council of Europe, Council of the European Union, Customs Cooperation Council (also known as the World Customs Organization), European Commission, Offshore Group of Banking Supervisors, Organization for Security and Cooperation in Europe, Organization of the Islamic Conference

Non-governmental organizations

General consultative status: Asia Crime Prevention Foundation, International Council of Women, International Federation of Business and Professional Women, Soroptimist International, Zonta International Special consultative status: Baha’i International Community, International Council on Alcohol and Addictions, International Federation of University Women, Italian Centre of Solidarity, National Council of German Women’s Organizations—Federal Union of Women’s Organizations and Women’s Group of German Associations, Pax Romana (International Catholic Movement for Intellectual and Cultural Affairs and International Movement of Catholic Students) Roster: International Police Association

Other: Sovereign Military Order of Malta, Transparency International

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Annex II

List of documents before the Ad Hoc Committee at its third session

Document symbol Title or description

A/AC.261/3/Rev.1 and Corr.1 Revised draft United Nations Convention against and Add.1 Corruption A/AC.261/7 Report of the Ad Hoc Committee for the Negotiation of a Convention against Corruption on its second session, held in Vienna from 17 to 28 June 2002 A/AC.261/8 and Corr.1 Annotated provisional agenda and proposed organization of work A/AC.261/L.88 Lebanon: amendments to articles 1 and 2 A/AC.261/L.89 Turkey: amendments to articles 6, 7, 29 and 32 A/AC.261/L.90 Mexico: amendments to article 21 A/AC.261/L.91 Belarus: amendments to articles 1-3, 4 bis-8, 19-34, 36 and 38 A/AC.261/L.92 Zambia: amendments to article 13 A/AC.261/L.93 Algeria: amendments to articles 5-11 and 13 A/AC.261/L.94 Colombia: amendments to articles 1, 2, 6, 7 and 29 A/AC.261/L.95 Algeria: amendments to articles 19, 24-26, 28-31, 33 and 36 A/AC.261/L.96 Algeria: amendments to articles 1-4 A/AC.261/L.97 China: amendments to articles 5, 6 and 19 A/AC.261/L.98 Czech Republic: amendments to articles 2, 4 bis, 5 bis, 7 and 14 A/AC.261/L.99 Czech Republic: amendments to article 25 A/AC.261/L.100 Venezuela: amendments to article 5 A/AC.261/L.101 Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and United Arab Emirates: amendment to article 6 A/AC.261/L.102 Argentina: amendments to article 2 A/AC.261/L.103 European Commission: amendments to article 8 A/AC.261/L.104 United Kingdom of Great Britain and Northern Ireland: amendments to article 5 bis (Working Group) A/AC.261/L.105 Yemen: amendments to articles 1, 2, 4, 4 bis, 9 bis, 11, 13, 14, 19, 21 and 35-37 A/AC.261/L.106 Austria, Mexico and Netherlands: amendments to article 19 A/AC.261/L.107 Argentina: amendments to article 8 A/AC.261/L.108 Yemen: amendments to article 8

A/AC.261/9

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A/AC.261/L.109 Turkey: amendments to article 8 A/AC.261/L.110 European Commission: amendments to article 12 A/AC.261/L.111 United Kingdom of Great Britain and Northern Ireland: amendments to article 9 bis (Working Group) A/AC.261/L.112 Botswana: amendments to article 6 A/AC.261/L.113 South Africa: amendments to article 8 A/AC.261/L.114 Lebanon: amendments to articles 1, 2, 19 and 29 A/AC.261/L.115 Canada: amendments to article 7 (Working Group) A/AC.261/L.116 United States of America: amendments to article 4 bis A/AC.261/L.117 Chile: amendments to article 2 A/AC.261/L.118 Czech Republic: amendments to articles 28 and 29 A/AC.261/L.119 Austria, Mexico and Netherlands: amendments to articles 30 and 32 and proposal on a new article A/AC.261/L.120 Algeria, Argentina, Austria, Cameroon, France, Netherlands and New Zealand: amendments to the proposed article on the public sector contained in document A/AC.261/L.112 (art. 6) A/AC.261/L.121 Oman: proposed amendments to articles 1-2, 5, 7, 9-11, 13-14, 19, 19 bis, 20, 22, 29-30, 32-33, 35-36 and 38-39 A/AC.261/L.122 Colombia: amendments to article 5 (Working Group) A/AC.261/L.123 Amendments to article 14 submitted by the Chairman A/AC.261/L.124 China, India, Indonesia, Iran (Islamic Republic of), Lebanon, Malaysia, Pakistan, Viet Nam and Zimbabwe: amendments to article 4 bis A/AC.261/L.125 Algeria: amendments to article 11 (Working Group) A/AC.261/L.126 Pakistan, Peru and Philippines: proposal for a new article on elected public officials A/AC.261/L.127 Russian Federation: amendments to article 20 A/AC.261/L.128 Amendments to article 2 submitted by the Chairman A/AC.261/L.129 Ukraine: amendments to article 14 A/AC.261/L.130 Draft report A/AC.261/L.131 and Add.1-2 Revised draft convention A/AC.261/L.132 Draft provisional agenda and proposed organization of work for the fourth session A/AC.261/L.133 Yemen: amendments to article 20 A/AC.261/L.134 South Africa: amendments to article 12 (Working Group) A/AC.261/L.135 Austria, Germany and Switzerland: amendments to article 19 bis

A/AC.261/9

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A/AC.261/L.136 Argentina: amendments to articles 2 and 25 A/AC.261/L.137 Australia, Botswana, Cameroon, Canada, New Zealand and the United Kingdom of Great Britain and Northern Ireland: amendments to articles 19-32 and proposal of a new article on knowledge, intent or purpose as elements of an offence A/AC.261/L.138 Czech Republic: amendments to article 39 A/AC.261/L.139 Ukraine: amendments to article 2 A/AC.261/L.140 Czech Republic: amendments to article 25 A/AC.261/L.141 Austria, Mexico, Netherlands and Yemen: amendment to the proposal on article 19 contained in document A/AC.261/L.106 (Working Group) A/AC.261/L.142 Syrian Arab Republic: amendments to article 13 (Working Group) A/AC.261/L.143 Libyan Arab Jamahiriya: amendments to articles 1-3 and 4 bis A/AC.261/L.144 Libyan Arab Jamahiriya: amendments to articles 11, 12, 19 and 20 A/AC.261/L.145 Argentina, Australia, Austria, France, Mexico, Netherlands, Russian Federation and South Africa: amendments to article 9 (Working Group) A/AC.261/L.146 Yemen: amendment to the proposal on article 20 contained in document A/AC. 261/L.133 A/AC.261/L.147 France: amendments to article 21 (Working Group) A/AC.261/L.148 South Africa: amendments to article 8 (Working Group) A/AC.261/L.149 Cuba: amendment to article 14 A/AC.261/L.150 China: amendments to the proposal on article 9 bis contained in document A/AC.261/L.111 A/AC.261/L.151 Philippines: amendments to article 25 and proposal of a new article A/AC.261/L.152 Argentina: amendments to article 25 (Working Group)