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Countering Grand Corruption
The Conference of the States Parties to the United Nations Convention against Corruption,
Recalling article 1, subparagraph (a) of the United Nations Convention against Corruption, which
establishes that one of the main purposes of the Convention is to promote and strengthen measures
to prevent and combat corruption more efficiently and effectively,
Bearing in mind the principles of sovereign equality and territorial integrity of States Parties as set
out by article 4 of the Convention,
Concerned about instances of grand corruption, that involve vast quantities of assets, which may
constitute a substantial proportion of the resources of States, as well as instances that cause
significant public damage or that result in infringement of the rights of at least part of a State’s
Concerned also that these instances threaten the political stability and sustainable development of
Noting that these instances of corruption generally involve high level officials and offences covered
by UNCAC chapter III;
Affirming that because of the gravity it consequences, grand corruption is a serious crime of concern
to the international community as a whole and must not go unpunished, and that its effective
prevention and prosecution must be ensured by taking measures at national and international levels
and by enhancing international cooperation,
Taking into consideration recent developments in a number of States where there has been a
renewed and enhanced commitment to prosecute instances of large-‐scale corruption of present or
former senior public officials
Underlining that each State party shall make the commission of an offence established in accordance
with this Convention liable to sanctions that take into account the gravity of that offence in
accordance with article 30, paragraph (1) of the Convention,
Highlighting the importance of the article 30 provision requiring that each State Party shall
endeavour to ensure that any discretionary legal powers under its domestic law relating to the
prosecution of persons for offences established in accordance with this Convention are exercised to
maximize the effectiveness of law enforcement measures in respect of those offences and with due
regard to the need to deter the commission of such offences,
1. Reconises that grand corruption consists of instances of chapter III corruption offences
involving high level officials and that it involves a significant amount of money or leads to
significant public damage or leads to infringement of the fundamental rights of at least part
of a State’s population.
resources to prevent and fight grand corruption.
3. Urges States parties to ensure that appointments of public officials are based on objective
criteria, such as merit, equity and aptitude.
4. Also urges States parties to ensure that appropriate measures are in place regarding the
funding of political parties, including transparency measures;
5. Building on CoSP Resolution 4/4, calls on States parties to collect beneficial ownership
information through national-‐level public registers of companies and trusts maintained with
updated current information. Also calls for governments to collect and publish beneficial
ownership information of all bidders for public procurement contracts. Further call for
customer due diligence obligations, including in relation to beneficial ownership, to be
required or strengthened with respect to banks and other service providers, including
lawyers and trust and company formation providers, and actively enforced.
6. Requests States parties to record information on people with prominent public
functions (Politically Exposed Persons with the meaning as used in Article 52 of the
Convention) through national-‐level registers as well as requiring them and others to file
comprehensive asset declarations, in line with articles 8, 14 and 52.
7. Also requests States parties to make publicly available information held in national-‐level
registers on Politically Exposed Persons, including their asset declarations.
8. Calls upon States parties to ensure in law and practice the independent, efficient and
rigorous supervision of banks and financial professionals to ensure that they conduct
enhanced due diligence with regard to Politically Exposed Persons (PEPs).
9. Urges States parties to seek from international bodies the alignment and broadening of
definitions of PEPs to include public functions considered high risk and use lists of officials
required to file asset declarations to identify who is considered a PEP for each country.
10. Also calls upon States parties to consider, in accordance with article 16, paragraph 2,
adopting such legislative and other measures as may be necessary to establish as a criminal
offence, by any appropriate measure, when committed intentionally, the solicitation or
acceptance by a foreign public official or an official of a public international organization,
directly or indirectly, of an undue advantage, for the official himself or herself or another
person or entity, in order that the official act or refrain from acting in the exercise of his or
her official duties;
11. Requests States parties to consider, in accordance with article 19, adopting such legislative
and other measures as may be necessary to establish as a criminal offence, when committed
intentionally, the abuse of functions or position, that is, the performance of or failure to
perform an act, in violation of laws, by a public official in the discharge of his or her
functions, for the purpose of obtaining an undue advantage for himself or herself or for
another person or entity.
12. Calls for States parties to ensure in line with articles 11 and 30(3) the operational
independence and resourcing of both specialised law enforcement bodies and the judiciary
no undue influence, including political influence, on enforcement decisions.
13. Calls for States Parties to ensure, in line with article 30(2) that domestic immunities for
public officials are strictly limited to heads of State and functional immunities of judges and
parliamentarians and that where there are other immunities there are transparent and
effective procedures for suspending them. Further calls for the CoSP to promote these
articles on “Immunity of State officials from foreign criminal jurisdiction”.
conviction based asset forfeiture penalties can improve compliance with the objectives of
article 20, short of a full criminal offence of illicit enrichment or alternatively to introduce
the offence of illicit enrichment In their domestic legislation.
15. Urges States parties to improve their efforts to ensure that entities or persons who have
suffered damage as a result of an act of corruption have the right to initiate legal
proceedings against those responsible for that damage in order to obtain compensation.
Also requests the Secretariat to prepare a study on good practices in providing remedies
pursuant to article 35 to the victims of such offences, including compensation.
16. Calls for States parties, with regard to instances of grand corruption, to take such measures
as may be necessary to establish its jurisdiction over the offences established in accordance
with this Convention when the alleged offender is present in its territory and it does not
extradite him or her, as set forth in article 42, paragraph 4.
17. Further encourages the exercise of extraterritorial jurisdiction where there is a failure of aut
dedere, aut judicare;
18. Strongly encourages States parties, in line with article 46, paragraph 4 , that without prior
request, they transmit information relating to criminal matters to a competent authority in
another State Party where they believe that such information could assist the authority in
undertaking or successfully concluding inquiries and criminal proceedings or could result in a
request formulated by the latter State Party pursuant to this Convention.
19. Calls on States parties to enact and implement comprehensive laws providing for the
confiscation of any asset obtained through or derived from the commission of an offence
established by the convention – including the proceeds of bribery.
20. Requests the Secretariat to prepare a study on establishing a UN complaints procedure for
cases of grand corruption comparable to the procedures for bringing complaints of
violations of the provisions of the human rights treaties before the human rights treaty
bodies individual communications;
single international mechanism under UN auspices for resolving transnational and grand
corruption offences, prepared in consultation with relevant intergovernmental
22. Invites States parties and the UNCAC Secretariat to collaborate with human rights bodies
with the aim of identifying concrete instances of corruption offences linked to human rights
violations, as well as designing and implementing measures to provide remedies and
reparations to victims affected by them, in line with the Basic Principles and Guidelines on
the Right to a Remedy and Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law (Adopted and
proclaimed by General Assembly resolution 60/147 of 16 December 2005)