agreement or arrangement.
2. Article 17:
It is the understanding of the Government of Canada that in relation to Article 17 the word 'diversion' means embezzlement and misappropriation, which constitute the criminal offences of theft and fraud under current Canadian law.
3. Article 20:
Article 20 provides that the obligation of a State Party to criminalize illicit enrichment shall be 'subject to its constitution and the fundamental principles of its legal system.' An offence of illicit enrichment is incompatible with the Constitution of Canada, more specifically with the Canadian Charter of Rights and Freedoms, and the fundamental principles of the Canadian legal system. Canada will therefor not create the offence of illicit enrichment.
4. Article 42 (2):
Article 42 (2) provides that a State Party 'may' establish jurisdiction based on nationality. Given that Canada has effective and broad territorial jurisdiction over corruption offences, Canada does not intend to extend its jurisdiction in the case of an offence committed by a Canadian national beyond that existing territorial basis of jurisdiction.
5. Article 52:
Canada already imposes strict requirements on financial institutions within its jurisdiction to closely scrutinize foreign persons with prominent public functions and their family members and close associates. It is the understanding of the Government of Canada that these current requirements satisfy Article 52, particularly in light of the negotiations of the State Paich led to the creation and inclusion of Article 52 in the Convention. Canada is in the process of undergoing consultations with a view to implementing legislative changes that would broaden this existing due diligence beyond the obligations contained in the Convention and expand the category of persons covered and the financial institutions in whom they apply. Canada will inform the Depository of the outcome of these discussions.
6. Article 54:
Canada will provide international assistance for the freezing, seizure and forfeiture of proceeds of crime and offence-related property only when the request is accompanied by an order from a court of criminal jurisdiction in the requesting country. In the case where international assistance is required for the forfeiture of this property, Canada will provide assistance only when the request is accompanied by a final order from such a court."
China
Reservation:
...the People's Republic of China shall not be bound by paragraph 2 of Article 66 of the United Nations Convention against Corruption.
Colombia
Reservation:
In accordance with article 66, paragraph 3, of the Convention, Colombia declares that it does not consider itself bound by paragraph 2 of that article.
Cuba
Reservation:
The Republic of Cuba declares that, pursuant to article 66, paragraph 3, of the Convention, it does not consider itself bound by the provisions of paragraph 2 of this article, which deals with the settlement of disputes arising between States parties concerning the interpretation or application of this Convention and referral of such disputes to the International Court of Justice, because it believes that such disputes should be resolved through amicable negotiations between the States parties.
El Salvador
Declaration and notifications:
(a) With respect to the provisions of article 44, the Republic of El Salvador does not regard the above-mentioned Convention as the legal basis for cooperation in connection with extradition;
(b) With respect to article 46, paragraphs 13 and 14, the Republic of El Salvador states that the central authority as regards El Salvador is the Ministry of Foreign Affairs and that the acceptable language is
> 1 2 3 ... 9 10 11 ... 36 37 38
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
