To ratify the United Nations Convention against Corruption of October 31, 2003 with the following declarations and reservation:
1) in accordance with subparagraph (a) of paragraph 6 of Article 44 of the Convention, the Republic of Kazakhstan uses the Convention as a legal basis for cooperation in extradition matters with other States parties to the Convention;
2) in accordance with paragraph 14 of Article 46 of the Convention, requests for legal assistance sent to the Republic of Kazakhstan and the materials attached to them must be accompanied by translations into Kazakh or Russian, unless otherwise established by an international treaty ratified by the Republic of Kazakhstan;
3) in accordance with paragraph 3 of Article 66 of the Convention, the Republic of Kazakhstan does not consider itself bound by the provisions of paragraph 2 of Article 66 of the Convention.
President
The Republic of Kazakhstan
N. Nazarbayev
UNITED NATIONS CONVENTION
AGAINST CORRUPTION
The United Nations
The year 2003
UNITED NATIONS CONVENTION
AGAINST CORRUPTION
The preamble
The States Parties to this Convention,
Concerned about the seriousness of the problems and threats posed by corruption to the stability and security of society, which undermines democratic institutions and values, ethical values and justice and harms sustainable development and the rule of law,
Concerned also about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money laundering,
Concerned further about cases of corruption involving large amounts of assets, which may constitute a significant proportion of the resources of States, and jeopardizing the political stability and sustainable development of these States,
Convinced that corruption is no longer a local problem, but has turned into a transnational phenomenon that affects society and the economy of all countries, which makes it extremely important for international cooperation in the field of preventing and combating corruption,
Convinced also that a comprehensive and multidisciplinary approach is necessary to effectively prevent and combat corruption,
Convinced further that the availability of technical assistance can play an important role in enhancing the capacity of States, including through capacity-building and institution-building, to effectively prevent and combat corruption,
Convinced that the illegal acquisition of personal wealth can cause serious damage to democratic institutions, the national economy and the rule of law,
Determined to more effectively prevent, detect and suppress international transfers of illegally acquired assets and strengthen international cooperation in asset recovery measures,
Reaffirming the fundamental principles of proper law enforcement in criminal proceedings and civil or administrative proceedings to establish property rights,
Bearing in mind that the prevention and eradication of corruption is the responsibility of all States and that, in order to ensure the effectiveness of their efforts in this area, they must cooperate with each other with the support and participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations,
Bearing in mind also the principles of proper management of public affairs and public property, justice, responsibility and equality before the law and the need to ensure honesty and integrity, as well as to promote a culture that rejects corruption,
Commending the work of the Commission on Crime Prevention and Criminal Justice and the United Nations Office on Drugs and Crime in the field of preventing and combating corruption,
Recalling the work carried out by other international and regional organizations in this field, including the activities of the African Union, the European Union, the League of Arab States, the Organization of American States, the Organization for Economic Cooperation and Development, the Council of Europe and the Customs Cooperation Council (also known as the World Customs Organization),
Taking note with appreciation of the multilateral instruments on preventing and combating corruption, including, in particular, the Inter-American Convention against Corruption, adopted by the Organization of American States on 29 March 1996, the Convention on Combating Corruption Affecting Officials of the European Communities or Officials of Member States of the European Union, adopted by the Council of the European Union On May 26, 1997, the Convention on Combating Bribery of Foreign Officials in International Commercial Transactions, adopted by the Organization for Economic Cooperation and Development on November 21, 1997, the Convention on Criminal Liability for Corruption, adopted by the Committee of Ministers of the Council of Europe on January 27, 1999, the Convention on Civil Liability for Corruption, adopted by the Committee of Ministers of the Council of Europe on November 4, 1999, and the African Union Convention on Preventing and Combating Corruption, adopted by the Heads of State and Government of the African Union on July 12, 2003,
Welcoming the entry into force of the United Nations Convention against Transnational Organized Crime on 29 September 2003,
have agreed on the following:
Chapter I
General provisions
Article 1 Objectives
The objectives of this Convention are as follows:
(a) Promoting and strengthening measures aimed at preventing and combating corruption more effectively and efficiently;
(b) Promoting, facilitating and supporting international cooperation and technical assistance in preventing and combating corruption, including asset recovery measures;
(c) Promoting integrity, responsibility, and proper management of public affairs and public property.
Article 2 Terms
For the purposes of this Convention:
(a) "Public official" means: (i) Any person appointed or elected who holds a position in a legislative, executive, administrative or judicial body of a State Party on a permanent or temporary basis, for pay or without pay, regardless of the level of that person's position; (ii) Any other person performing any public function, including for a public office or a public enterprise, or providing any public service, as defined in the domestic law of a State Party and as applied in the relevant area of legal regulation of that State Party; (iii) Any other person, defined as a "public official" in the domestic law of the State Party. Nevertheless, for the purposes of certain specific measures provided for in chapter II of this Convention, "public official" may mean any person performing a public function or providing a public service, as defined in the domestic law of a State Party and as applied in the relevant area of legal regulation of that State-a participant;
(b) "Foreign public official" means any appointed or elected person holding any position in a legislative, executive, administrative or judicial body of a foreign State, and any person performing any public function for a foreign State, including for a public agency or a public enterprise;
(c) "Official of a public international organization" means an international civil servant or any person authorized by such an organization to act on its behalf;
(d) "Property" means any assets, whether tangible or intangible, movable or immovable, expressed in things or rights, as well as legal documents or acts confirming ownership of or interest in such assets;
(e) "Proceeds of crime" means any property acquired or obtained, directly or indirectly, as a result of the commission of a crime;
(f) "Suspension of operations (freezing)" or "seizure" means the temporary prohibition of the transfer, transformation, alienation or movement of property, or the temporary taking possession of such property, or the temporary exercise of control over it by order of a court or other competent authority;
(g) "Confiscation" means the final deprivation of property by order of a court or other competent authority;
(h) "Predicate offence" means any offence resulting in the receipt of proceeds in respect of which the acts referred to in article 23 of this Convention constituting an offence may be committed;
(i) "Controlled delivery" means a method by which illegal or suspicious shipments may be exported, transported or imported into the territory of one or more States with the knowledge and supervision of their competent authorities in order to investigate a crime and identify persons involved in the commission of that crime.
Article 3 Scope of application
1. This Convention applies, in accordance with its provisions, to the prevention, investigation and prosecution of corruption and to the suspension of transactions (freezing), seizure, confiscation and return of proceeds of crimes recognized as such in accordance with this Convention.