- In order to foster
the development and harmonization of their domestic legislation
and the attainment of the purposes of this Convention, the States
Parties view as desirable, and undertake to consider, establishing
as offenses under their laws the following acts:
a) The improper use by a government official or a person who performs
public functions, for his own benefit or that of a third party,
of any kind of classified or confidential information which that
official or person who performs public functions has obtained
because of, or in the performance of, his functions.
b) The improper use by a government official or a person who performs
public functions, for his own benefit or that of a third party,
of any kind of property belonging to the State or to any firm
or institution in which the State has a proprietary interest,
to which that official or person who performs public functions
has access because of, or in the performance of, his functions.
c) Any act or omission by any person who, personally or through
a third party, or acting as an intermediary, seeks to obtain a
decision from a public authority whereby he illicitly obtains
for himself or for another person any benefit or gain, whether
or not such act or omission harms State property.
d) The diversion by a government official, for purposes unrelated
to those for which they were intended, for his own benefit or
that of a third party, of any movable or immovable property, monies
or securities belonging to the State, to an independent agency,
or to an individual, that such official has received by virtue
of his position for purposes of administration, custody or for
other reasons.
- Among those States
Parties that have established these offenses, such offenses shall
be considered acts of corruption for the purposes of this Convention.
- Any State Party that
has not established these offenses shall, insofar as its laws
permit, provide assistance and cooperation with respect to these
offenses as provided in this Convention.
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