CIVIL LAW CONVENTION ON CORRUPTION
(ETS N 174)
(Strasbourg, 4.XI.1999)
Preamble
The member States of the Council of Europe, the other States
and the European Community, signatories hereto,
Considering that the aim of the Council of Europe is to
achieve a greater unity between its members;
Conscious of the importance of strengthening international
co-operation in the fight against corruption;
Emphasising that corruption represents a major threat to the
rule of law, democracy and human rights, fairness and social
justice, hinders economic development and endangers the proper and
fair functioning of market economies;
Recognising the adverse financial consequences of corruption
to individuals, companies and States, as well as international
institutions;
Convinced of the importance for civil law to contribute to the
fight against corruption, in particular by enabling persons who
have suffered damage to receive fair compensation;
Recalling the conclusions and resolutions of the 19th (Malta,
1994), 21st (Czech Republic, 1997) and 22nd (Moldova, 1999)
Conferences of the European Ministers of Justice;
Taking into account the Programme of Action against Corruption
adopted by the Committee of Ministers in November 1996;
Taking also into account the feasibility study on the drawing
up of a convention on civil remedies for compensation for damage
resulting from acts of corruption, approved by the Committee of
Ministers in February 1997;
Having regard to Resolution (97) 24 on the 20 Guiding
Principles for the Fight against Corruption, adopted by the
Committee of Ministers in November 1997, at its 101st Session, to
Resolution (98) 7 authorising the adoption of the Partial and
Enlarged Agreement establishing the "Group of States against
Corruption (GRECO)", adopted by the Committee of Ministers in May
1998, at its 102nd Session, and to Resolution (99) 5 establishing
the GRECO, adopted on 1st May 1999;
Recalling the Final Declaration and the Action Plan adopted by
the Heads of State and Government of the member States of the
Council of Europe at their 2nd summit in Strasbourg, in October
1997,
Have agreed as follows:
Chapter I. MEASURES TO BE TAKEN AT NATIONAL LEVEL
Article 1
Purpose
Each Party shall provide in its internal law for effective
remedies for persons who have suffered damage as a result of acts
of corruption, to enable them to defend their rights and
interests, including the possibility of obtaining compensation for
damage.
Article 2
Definition of corruption
For the purpose of this Convention, "corruption" means
requesting, offering, giving or accepting, directly or indirectly,
a bribe or any other undue advantage or prospect thereof, which
distorts the proper performance of any duty or behaviour required
of the recipient of the bribe, the undue advantage or the prospect
thereof.
Article 3
Compensation for damage
1. Each Party shall provide in its internal law for persons
who have suffered damage as a result of corruption to have the
right to initiate an action in order to obtain full compensation
for such damage.
2. Such compensation may cover material damage, loss of
profits and non-pecuniary loss.
Article 4
Liability
1. Each Party shall provide in its internal law for the
following conditions to be fulfilled in order for the damage to be
compensated:
i. the defendant has committed or authorised the act of
corruption, or failed to take reasonable steps to prevent the act
of corruption;
ii. the plaintiff has suffered damage; and
iii. there is a causal link between the act of corruption and
the damage.
2. Each Party shall provide in its internal law that, if
several defendants are liable for damage for the same corrupt
activity, they shall be jointly and severally liable.
Article 5
State responsibility
Each Party shall provide in its internal law for appropriate
procedures for persons who have suffered damage as a result of an
act of corruption by its public officials in the exercise of their
functions to claim for compensation from the State or, in the case
of a non-state Party, from that Party's appropriate authorities.
Article 6
Contributory negligence
Each Party shall provide in its internal law for the
compensation to be reduced or disallowed having regard to all the
circumstances, if the plaintiff has by his or her own fault
contributed to the damage or to its aggravation.
Article 7
Limitation periods
1. Each Party shall provide in its internal law for
proceedings for the recovery of damages to be subject to a
limitation period of not less than three years from the day the
person who has suffered damage became aware or should reasonably
have been aware, that damage has occurred or that an act of
corruption has taken place, and of the identity of the responsible
person. However, such proceedings shall not be commenced after the
end of a limitation period of not less than ten years from the
date of the act of corruption.
2. The laws of the Parties regulating suspension or
interruption of limitation periods shall, if appropriate, apply to
the periods prescribed in paragraph 1.
Article 8
Validity of contracts
1. Each Party shall provide in its internal law for any
contract or clause of a contract providing for corruption to be
null and void.
2. Each Party shall provide in its internal law for the
possibility for all parties to a contract whose consent has been
undermined by an act of corruption to be able to apply to the
court for the contract to be declared void, notwithstanding their
right to claim for damages.
Article 9
Protection of employees
Each Party shall provide in its internal law for appropriate
protection against any unjustified sanction for employees who have
reasonable grounds to suspect corruption and who report in good
faith their suspicion to responsible persons or authorities.
Article 10
Accounts and audits
1. Each Party shall, in its internal law, take any necessary
measures for the annual accounts of companies to be drawn up
clearly and give a true and fair view of the company's financial
position.
2. With a view to preventing acts of corruption, each Party
shall provide in its internal law for auditors to confirm that the
annual accounts present a true and fair view of the company's
financial position.
Article 11
Acquisition of evidence
Each Party shall provide in its internal law for effective
procedures for the acquisition of evidence in civil proceedings
arising from an act of corruption.
Article 12
Interim measures
Each Party shall provide in its internal law for such court
orders as are necessary to preserve the rights and interests of
the parties during civil proceedings arising from an act of
corruption.
Chapter II. INTERNATIONAL CO-OPERATION AND MONITORING OF
IMPLEMENTATION
Article 13
International co-operation
The Parties shall co-operate effectively in matters relating
to civil proceedings in cases of corruption, especially concerning
the service of documents, obtaining evidence abroad, jurisdiction,
recognition and enforcement of foreign judgements and litigation
costs, in accordance with the provisions of relevant international
instruments on international co-operation in civil and commercial
matters to which they are Party, as well as with their internal
law.
Article 14
Monitoring
The Group of States against Corruption (GRECO) shall monitor
the implementation of this Convention by the Parties.
Chapter III. FINAL CLAUSES
Article 15
Signature and entry into force
1. This Convention shall be open for signature by the member
States of the Council of Europe, by non-member States that have
participated in its elaboration and by the European Community.
2. This Convention is subject to ratification, acceptance or
approval. Instruments of ratification, acceptance or approval
shall be deposited with the Secretary General of the Council of
Europe.
3. This Convention shall enter into force on the first day of
the month following the expiration of a period of three months
after the date on which fourteen signatories have expressed their
consent to be bound by the Convention in accordance with the
provisions of paragraph 2. Any such signatory, which is not a
member of the Group of States against Corruption (GRECO) at the
time of ratification, acceptance or approval, shall automatically
become a member on the date the Convention enters into force.
4. In respect of any signatory which subsequently expresses
its consent to be bound by it, the Convention shall enter into
force on the first day of the month following the expiration of a
period of three months after the date of the expression of their
consent to be bound by the Convention in accordance with the
provisions of paragraph 2. Any signatory, which is not a member of
the Group of States against Corruption (GRECO) at the time of
ratification, acceptance or approval, shall automatically become a
member on the date the Convention enters into force in its
respect.
5. Any particular modalities for the participation of the
European Community in the Group of States against Corruption
(GRECO) shall be determined as far as necessary by a common
agreement with the European Community.
Article 16
Accession to the Convention
1. After the entry into force of this Convention, the
Committee of Ministers of the Council of Europe, after consulting
the Parties to the Convention, may invite any State not a member
of the Council and not having participated in its elaboration to
accede to this Convention, by a decision taken by the majority
provided for in Article 20.d. of the Statute of the Council of
Europe and by the unanimous vote of the representatives of the
Parties entitled to sit on the Committee.
2. In respect of any State acceding to it, the Convention
shall enter into force on the first day of the month following the
expiration of a period of three months after the date of deposit
of the instrument of accession with the Secretary General of the
Council of Europe. Any State acceding to this Convention shall
automatically become a member of the GRECO, if it is not already a
member at the time of accession, on the date the Convention enters
into force in its respect.
Article 17
Reservations
No reservation may be made in respect of any provision of this
Convention.
Article 18
Territorial application
1. Any State or the European Community may, at the time of
signature or when depositing its instrument of ratification,
acceptance, approval or accession, specify the territory or
territories to which this Convention shall apply.
2. Any Party may, at any later date, by a declaration
addressed to the Secretary General of the Council of Europe,
extend the application of this Convention to any other territory
specified in the declaration. In respect of such territory the
Convention shall enter into force on the first day of the month
following the expiration of a period of three months after the
date of receipt of such declaration by the Secretary General.
3. Any declaration made under the two preceding paragraphs
may, in respect of any territory specified in such declaration, be
withdrawn by a notification addressed to the Secretary General.
The withdrawal shall become effective on the first day of the
month following the expiration of a period of three months after
the date of receipt of such notification by the Secretary General.
Article 19
Relationship to other instruments and agreements
1. This Convention does not affect the rights and undertakings
derived from international multilateral instruments concerning
special matters.
2. The Parties to the Convention may conclude bilateral or
multilateral agreements with one another on the matters dealt with
in this Convention, for purposes of supplementing or strengthening
its provisions or facilitating the application of the principles
embodied in it or, without prejudice to the objectives and
principles of this Convention, submit themselves to rules on this
matter within the framework of a special system which is binding
at the moment of the opening for signature of this Convention.
3. If two or more Parties have already concluded an agreement
or treaty in respect of a subject which is dealt with in this
Convention or otherwise have established their relations in
respect of that subject, they shall be entitled to apply that
agreement or treaty or to regulate these relations accordingly, in
lieu of the present Convention.
Article 20
Amendments
1. Amendments to this Convention may be proposed by any Party,
and shall be communicated by the Secretary General of the Council
of Europe to the member States of the Council of Europe, to the
non member States which have participated in the elaboration of
this Convention, to the European Community, as well as to any
State which has acceded to or has been invited to accede to this
Convention in accordance with the provisions of Article 16.
2. Any amendment proposed by a Party shall be communicated to
the European Committee on Legal Co-operation (CDCJ) which shall
submit to the Committee of Ministers its opinion on that proposed
amendment.
3. The Committee of Ministers shall consider the proposed
amendment and the opinion submitted by the European Committee on
Legal Co-operation (CDCJ) and, following consultation of the
Parties to the Convention which are not members of the Council of
Europe, may adopt the amendment.
4. The text of any amendment adopted by the Committee of
Ministers in accordance with paragraph 3 of this article shall be
forwarded to the Parties for acceptance.
5. Any amendment adopted in accordance with paragraph 3 of
this article shall come into force on the thirtieth day after all
Parties have informed the Secretary General of their acceptance
thereof.
Article 21
Settlement of disputes
1. The European Committee on Legal Co-operation (CDCJ) of the
Council of Europe shall be kept informed regarding the
interpretation and application of this Convention.
2. In case of a dispute between Parties as to the
interpretation or application of this Convention, they shall seek
a settlement of the dispute through negotiation or any other
peaceful means of their choice, including submission of the
dispute to the European Committee on Legal Co-operation (CDCJ), to
an arbitral tribunal whose decisions shall be binding upon the
Parties, or to the International Court of Justice, as agreed upon
by the Parties concerned.
Article 22
Denunciation
1. Any Party may, at any time, denounce this Convention by
means of a notification addressed to the Secretary General of the
Council of Europe.
2. Such denunciation shall become effective on the first day
of the month following the expiration of a period of three months
after the date of receipt of the notification by the Secretary
General.
Article 23
Notification
The Secretary General of the Council of Europe shall notify
the member States of the Council and any other signatories and
Parties to this Convention of:
a. any signature;
b. the deposit of any instrument of ratification, acceptance,
approval or accession;
c. any date of entry into force of this Convention, in
accordance with Articles 15 and 16;
d. any other act, notification or communication relating to
this Convention.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Convention.
Done at Strasbourg, the 4th day of November 1999, in English
and in French, both texts being equally authentic, in a single
copy which shall be deposited in the archives of the Council of
Europe. The Secretary General of the Council of Europe shall
transmit certified copies to each member State of the Council of
Europe, to the non-member States which have participated in the
elaboration of this Convention, to the European Community, as well
as to any State invited to accede to it.
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