OAS convention against corruption-e_V0989143_EC
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INTER-AMERICAN CONVENTION AGAINST CORRUPTION美洲国家组织
(Adopted at the third plenary session,  held on March 29, 1996)美洲国家反腐败公约
Preamble第三条第4款
THE MEMBER STATES OF THE ORGANIZATION OF AMERICAN STATES, CONVINCED that corruption undermines the legitimacy of public institutions and strikes at society, moral order and justice, as well as at the comprehensive development of peoples;为本公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强:
CONSIDERING that representative democracy, an essential condition for stability, peace and development of the region, requires, by its nature, the combating of every form of corruption in the performance of public functions, as well as acts of corruption specifically related to such performance;[......]
PERSUADED that fighting corruption strengthens democratic institutions and prevents distortions in the economy, improprieties in public administration and damage to a society's moral fiber;4. 依法登记担任某些职位履行公共职能之人员的收入、资产及负债情况的制度,并酌情将登记情况公布于众。
RECOGNIZING that corruption is often a tool used by organized crime for the accomplishment of its purposes;第五条第1款
CONVINCED of the importance of making people in the countries of the region aware of this problem and its gravity, and of the need to strengthen participation by civil society in preventing and fighting corruption;各缔约国在必要时应采取措施,当违法行为在其境内实施时,确立对已经按照本公约确定的违法行为的管辖权。
RECOGNIZING that, in some cases, corruption has international dimensions, which requires coordinated action by States to fight it effectively;第一条
CONVINCED of the need for prompt adoption of an international instrument to promote and facilitate international cooperation in fighting corruption and, especially, in taking appropriate action against persons who commit acts of corruption in the performance of public functions, or acts specifically related to such performance, as well as appropriate measures with respect to the proceeds of such acts;[......]
DEEPLY CONCERNED by the steadily increasing links between corruption and the proceeds generated by illicit narcotics trafficking which undermine and threaten  legitimate commercial and financial activities, and society, at all levels;“公职人员”、“政府官员”或“公务员”是指国家或国家机构的任何官员或职员,包括经遴选、任命或选举在国家任何一级机关代表国家或为了国家执行活动或履行职责的人员。
BEARING IN MIND the responsibility of States to hold corrupt persons accountable in order to combat corruption and to cooperate with one another for their efforts in this area to be effective; and第一条
DETERMINED to make every effort to prevent, detect, punish and eradicate corruption in the performance of public functions and acts of corruption specifically related to such performance,[......]
HAVE AGREED“财产”是指任何动产或不动产、有形或无形资产,以及任何表明、有关表明或者涉及此类资产的所有权或其他相关权利的文件或法律文书。
to adopt the following第二条第1款
INTER-AMERICAN CONVENTION AGAINST CORRUPTION本公约目的在于: 促进并加强各缔约国制定预防、侦查、惩治和消除腐败行为所需的机制;以及
Article I  Definitions第二条第2款 本公约目的在于:[......] 促进、便利并规范缔约国之间的合作,确保各项措施和行动的有效性,以预防、侦查、惩治并消除履行公共职能中的腐败行为,以及关于此类职能的腐败行为。 第三条第1款 为本公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强:
For the purposes of this Convention:正确、正直、适当地履行公共职能的行为标准。这些标准应当用于防止利益冲突,授权适当保护并利用在政府官员履行职能时委托给他们的资源。这些标准还应制定要求政府官员向主管机构报告在履行公共职能中的腐败行为的措施和制度。此类措施应该有助于维护公众对公务员和政府流程廉正的信任。
"Public function" means any temporary or permanent, paid or honorary activity, performed by a natural person in the name of the State or in the service of the State or its institutions, at any level of its hierarchy.第三条第10款
"Public official", "government official", or "public servant" means any official or employee of the State or its agencies, including those who have been selected, appointed, or elected to perform activities or functions in the name of the State or in the service of the State, at any level of its hierarchy.为本公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强:
"Property" means assets of any kind, whether movable or immovable, tangible or intangible, and any document or legal instrument demonstrating, purporting to demonstrate, or relating to ownership or other rights pertaining to such assets.[......]
Article II  Purposes10. 对国内外政府官员贿赂行为的威慑力量,例如确保公有企业和其他类型机构保留内容较详尽并准确反映资产购置和处置情况的账本和记录的机制;并拥有充分的内部会计控制,使其工作人员能够查明腐败行为。
The purposes of this Convention are:第三条第11款
1. To promote and strengthen the development by each of the States Parties of the mechanisms needed to prevent, detect, punish and eradicate corruption; and为公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强:
2. To promote, facilitate and regulate cooperation among the States Parties to ensure the effectiveness of measures and actions to prevent, detect, punish and eradicate  corruption in the performance of public functions and acts of corruption specifically related to such performance.[......]
Article III  Preventive Measures11. 鼓励民间社会和非政府组织参与预防腐败的机制。
For the purposes set forth in Article II of this Convention, the States Parties agree to consider the applicability of measures within their own institutional systems to create, maintain and strengthen:第三条第12款
1. Standards of conduct for the correct, honorable, and proper fulfillment of public functions.  These standards shall be intended to prevent conflicts of interest and mandate the proper conservation and use of resources entrusted to government officials in the performance of their functions.  These standards shall also establish measures and systems requiring government officials to report to appropriate authorities acts of corruption in the performance of public functions.  Such measures should help preserve the public's confidence in the integrity of public servants and government processes.为公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强:
2. Mechanisms to enforce these standards of conduct.[......]
3.12.
Instruction to government personnel to ensure proper understanding of their responsibilities and the ethical rules governing their activities.对进一步预防性措施的研究,其中考虑到公共服务中公平分配和正直的关系。
4. Systems for registering the income, assets and liabilities of persons who perform public functions in certain posts as specified by law and, where appropriate, for making such registrations public.第三条第3款
5. Systems of government hiring and procurement of goods and services that assure the openness, equity and efficiency of such systems.为公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强:
6. Government revenue collection and control systems that deter corruption.[......]
7. Laws that deny favorable tax treatment for any individual or corporation for  expenditures made in violation of the anticorruption laws of the States Parties.对政府人员的教育,以确保正确理解其职责和约束其行为的道德准则。
8. Systems for protecting public servants and private citizens who, in good faith, report acts of corruption, including protection of their identities, in accordance with their Constitutions and the basic principles of their domestic legal systems.第三条第5款
9. Oversight bodies with a view to implementing modern mechanisms for preventing, detecting, punishing and eradicating corrupt acts.为公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强:
10. Deterrents to the bribery of domestic and foreign government officials, such as mechanisms to ensure that publicly held companies and other types of associations maintain books and records which, in reasonable detail, accurately reflect the acquisition and disposition of assets, and have sufficient internal accounting controls to enable their officers to detect corrupt acts.[.
11......
Mechanisms to encourage participation by civil society and nongovernmental organizations in efforts to prevent corruption.]
12.5.
The study of further preventive measures that take into account the relationship between equitable compensation and probity in public service.政府租用和采购商品及服务的制度,确保此类制度的公开、公平和高效。
Article IV  Scope第三条第6款
This Convention is applicable provided that the alleged act of corruption has been committed or has effects in a State Party.为公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强:
Article V  Jurisdiction[......] 6. 威慑腐败现象的政府收入征收和控制制度。 第三条第7款 为公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强: [......]
1.7.
Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the offense in question is committed in its territory.反对在税收上给予任何个人或企业违反缔约国反腐败法的支出以优惠的法律。
2. Each State Party may adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the offense is committed by one of its nationals or by a person who habitually resides in its territory.第三条第8款
3. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the alleged criminal is present in its territory and it does not extradite such person to another country on the ground of the nationality of the alleged criminal.为公约第二条之目的,缔约国同意在各自机构制度内审议各项措施的适用性,以建立、维持并加强:
4. This Convention does not preclude the application of any other rule of criminal jurisdiction established by a State Party under its domestic law.[......]
Article VI  Acts of Corruption8. 保护根据本国宪法和本国法律制度的基本原则诚意举报腐败行为的公务员和个人公民的制度,其中包括保护这些人的身份。
1. This Convention is applicable to the following acts of corruption:第四条
a. The solicitation or acceptance, directly or indirectly, by a government official or a person who performs public functions, of any article of monetary value, or other benefit, such as a gift, favor, promise or advantage for himself or for another person or entity, in exchange for any act or omission in the performance of his public functions;指控的腐败行为在某缔约国实施或对其造成后果的,则可适用本公约。
b. The offering or granting, directly or indirectly, to a government official or a person who performs public functions, of any article of monetary value, or other benefit, such as a gift, favor, promise or advantage for himself or for another person or entity, in exchange for any act or omission in the performance of his public functions;第九条
c. Any act or omission in the discharge of his duties by a government official or a person who performs public functions for the purpose of illicitly obtaining benefits for himself or for a third party;根据各国宪法和法律制度基本原则,还未照做的各个缔约国应采取必要措施,在其法律内将政府官员履行职能期间资产剧增而又不能以合法收入进行合理解释的行为定罪。在将资产非法增加定为犯罪的缔约国中,就本公约而言应将此种犯罪视为腐败行为。还未将资产非法增加定为犯罪的缔约国应当在其法律允许的情况下,就本公约中提到的犯罪问题提供援助和合作。
d. The fraudulent use or concealment of property derived from any of the acts referred to in this article; and第五条第2款
e.2.
Participation as a principal, coprincipal, instigator, accomplice or accessory after the fact, or in any other manner, in the commission or attempted commission of, or in any collaboration or conspiracy to commit, any of the acts referred to in this article.各缔约国在必要时可采取措施,当违法行为由其国民或者长期居住在其境内的人员实施时,确立对已经按照本公约确定的违法行为的管辖权。
2. This Convention shall also be applicable by mutual agreement between or among two or more States Parties with respect to any other act of corruption not described herein.第五条第3款
Article VII  Domestic Law3. 各缔约国在必要时应采取措施,当被指控罪犯目前还在境内,且由于被指控罪犯的国籍原因没有将其引渡到别国时,确立对已经按照本公约确定的违法行为的管辖权。
The States Parties that have not yet done so shall adopt the necessary legislative or other measures to establish as criminal offenses under their domestic law the acts of corruption described in Article VI(1) and to facilitate cooperation among themselves pursuant to this Convention.第五条第4款
Article VIII  Transnational Bribery4. 本公约不能阻止缔约国适用根据国内法确立的任何其他刑事管辖规则。
Subject to its Constitution and the fundamental principles of its legal system, each State Party shall prohibit and punish the offering or granting, directly or indirectly, by its nationals, persons having their habitual residence in its territory, and businesses domiciled there, to a government official of another State, of any article of monetary value, or other benefit, such as a gift, favor, promise or advantage, in connection with any economic or commercial transaction in exchange for any act or omission in the performance of that official's public functions.第六条第1.a项
Among those States Parties that have established transnational bribery as an offense, such offense shall be considered an act of corruption for the purposes of this Convention.1. 本公约适用于以下腐败行为:
Any State Party that has not established transnational bribery as an offense shall, insofar as its laws permit, provide assistance and cooperation with respect to this offense as provided in this  Convention.a. 政府官员或履行公共职能的人员直接或间接教唆或接受任何具有货币价值或其他惠益的物品,例如给自己或他人或实体的礼物、好处、承诺或优惠,以此交换在履行公共职能中的任何作为或不作为;
Article IX  Illicit Enrichment第六条第1.b 项
Subject to its Constitution and the fundamental principles of its legal system, each State Party that has not yet done so shall take the necessary measures to establish under its laws as an offense a significant increase in the assets of a government official that he cannot reasonably explain in relation to his lawful earnings during the performance of his functions.1. 本公约适用于以下腐败行为:
Among those States Parties that have established illicit enrichment as an offense, such offense shall be considered an act of corruption for the purposes of this Convention.[......]
Any State Party that has not established illicit enrichment as an offense shall, insofar as its laws permit, provide assistance and cooperation with respect to this offense as provided in this Convention.b. 政府官员或履行公共职能的人员直接或间接提供或赠予任何具有货币价值或其他惠益的物品,例如给自己或他人或实体的礼物、好处、承诺或优惠,以此交换在履行公共职能中的任何作为或不作为;
Article X  Notification第六条第1.c 项 1. 本公约适用于以下腐败行为: [......] c. 政府官员或履行公共职能的人员为使自己或第三方非法获取利益,在履行其职责时实施的任何作为或不作为; 第六条第1.d项 1. 本公约适用于以下腐败行为: [......] d. 欺诈使用或藏匿从本条中提到的任何行为中获取的财产;以及 第六条第1.e项 1. 本公约适用于以下腐败行为: [......]
When a State Party adopts the legislation referred to in paragraph 1 of articles VIII and IX, it shall notify the Secretary General of the Organization of American States, who shall in turn notify the other States Parties.e.
For the purposes of this Convention, the crimes of transnational bribery and illicit enrichment shall be considered acts of corruption for that State Party thirty days following the date of such notification.作为事实背后的主犯、共同主犯、教唆犯、共犯或从犯参与或以任何其他方式实施或企图实施犯罪,或者合作或密谋实施本条提到的任何行为。
Article XI  Progressive Development第六条第2款
1. 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:两个或两个以上缔约国就本项没有提及的任何其他腐败行为达成相互协定后,也可适用本公约。
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;第七条
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;还未照做的缔约国应采取必要的立法或其他措施,在其国内法中将第六(1)条中提到的腐败行为定为刑事犯罪,并根据本公约为彼此间的合作提供便利。
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; and第八条
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.根据各国宪法和法律制度基本原则,各缔约国应禁止并惩治其国民、长期居住在境内的人员以及常驻于此的企业在任何经济交易或商业交易方面直接或间接向另一国的政府官员提供或赠予任何具有货币价值或其他惠益的物品,例如礼物、好处、承诺或优惠,以此交换在该官员履行公共职能中的任何作为或不作为。在已经将交易贿赂定为犯罪的缔约国中,就本公约而言应将此种犯罪视为腐败行为。还未将交易贿赂定为犯罪的缔约国应当在其法律允许的情况下,就本公约中提到的犯罪问题提供援助和合作。
2.第十一条第 1.
Among those States Parties that have established these offenses, such offenses shall be considered acts of corruption for the purposes of this Convention.b项
3.1.
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.为了促进制定和协调国内立法并实现本公约的目的,缔约国希望并着手审议在其法律中将以下行为定为犯罪:
Article XII  Effect on State Property[......]
For application of this Convention, it shall not be necessary that the acts of corruption harm State property.b. 政府官员或履行公共职能的人员为了自己或第三方的利益,不正当使用属于国家或属于国家具有所有者权益的任何企业或机构的任何类形财产,且该官员或履行公共职责的人员因其职责或履行职责才有权接触上述财产;
Article XIII  Extradition第十一条第 1.d 项
1.1.
This article shall apply to the offenses established by the States Parties in accordance with this Convention.为了促进制定和协调国内立法并实现本公约的目的,缔约国希望并着手审议在其法律中将以下行为定罪:
2.[.
Each of the offenses to which this article applies shall be deemed to be included as an extraditable offense in any extradition treaty existing between or among the States Parties......
The States Parties undertake to include such offenses as extraditable offenses in every extradition treaty to be concluded between or among them.]
3.d.
If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any offense to which this article applies.政府官员出于与财产原定用途无关的目的,为了自己或第三方的利益,将其凭藉职务或者因管理、保管或其他原因收到的属于国家所有的任何动产或不动产、金钱或有价证券转移给独立机构或个人。
4. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offenses to which this article applies as extraditable offenses between themselves.第十一条第3款
5. Extradition shall be subject to the conditions provided for by the law of the Requested State or by applicable extradition treaties, including the grounds on which the Requested State may refuse extradition.还未将这些行为定为犯罪的缔约国应当在其法律允许的情况下,就本公约中提到的犯罪问题提供援助和合作。
6. If extradition for an offense to which this article applies is refused solely on the basis of the nationality of the person sought, or because the Requested State deems that it has jurisdiction over the offense, the Requested State shall submit the case to its competent authorities for the purpose of prosecution unless otherwise agreed with the Requesting State, and shall report the final outcome to the Requesting State in due course.第十二条
7. Subject to the provisions of its domestic law and its extradition treaties, the Requested State may, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the Requesting State, take into custody a person whose extradition is sought and who is present in its territory, or take other appropriate measures to ensure his presence at extradition proceedings.适用本公约的情况,不一定是腐败行为对国家财产造成损害。
Article XIV  Assistance and Cooperation第十三条第1款
1. In accordance with their domestic laws and applicable treaties, the States Parties shall afford one another the widest measure of mutual assistance by processing requests from authorities that, in conformity with their domestic laws, have the power to investigate or prosecute the acts of corruption described in this Convention, to obtain evidence and take other necessary action to facilitate legal proceedings and measures regarding the investigation or prosecution of acts of corruption.本条应适用于缔约国根据本公约确定的犯罪行为。
2. The States Parties shall also provide each other with  the widest measure of mutual technical cooperation on the most effective ways and means of preventing, detecting, investigating and punishing acts of corruption.  To that end, they shall foster exchanges of experiences by way of agreements and meetings between competent bodies and institutions, and shall pay special attention to methods and procedures of citizen participation in the fight against corruption.第十三条第2款
Article XV  Measures Regarding Property本条适用的各项罪行,应视为纳入两个或两个以上缔约国之间任何引渡条约中的可引渡罪行。缔约国开始将此类罪行作为可引渡罪行纳入两个或两个以上缔约国之间将缔结的各项引渡条约之中。
1. In accordance with their applicable domestic laws and relevant treaties or other agreements that may be in force between or among them, the States Parties shall provide each other the broadest possible measure of assistance in the identification, tracing, freezing, seizure and forfeiture of property or proceeds obtained, derived from or used in the commission of offenses established in accordance with this Convention.第十三条第3款
2. A State Party that enforces its own or another State Party's forfeiture judgment against property or proceeds described in paragraph 1 of this article shall dispose of the property or proceeds in accordance with its laws.  To the extent permitted by a State Party's laws and upon such terms as it deems appropriate, it may transfer all or part of such property or proceeds to another State Party that assisted in the underlying investigation or proceedings.某一缔约国如果规定引渡的条件是条约存在,它在接到没有与它签署引渡条约的另一缔约国的引渡请求时,可将本公约视为关于本条所适用的任何罪行的引渡法律基础。
Article XVI  Bank Secrecy第十三条第4款
1. The Requested State shall not invoke bank secrecy as a basis for refusal to provide the assistance sought by the Requesting State.  The Requested State shall apply this article in accordance with its domestic law, its procedural provisions, or bilateral or multilateral agreements with the Requesting State.未规定引渡以条约存在为条件的缔约国应互相认可本条作为可引渡罪行而适用的罪行。
2. The Requesting State shall be obligated not to use any information received that is protected by bank secrecy for any purpose other than the proceeding for which that information was requested, unless authorized by the Requested State.第十三条第5款
ARTICLE XVII  Nature of the Act引渡应遵守由被请求国法律或者由适用的引渡条约规定的条件,包括被请求国可能拒绝引渡的理由。
For the purposes of articles XIII, XIV, XV and XVI of this Convention, the fact that the property obtained or derived from an act of corruption was intended for political purposes, or that it is alleged that an act of corruption was committed for political motives or purposes, shall not suffice in and of itself to qualify the act as a political offense or as a common offense related to a political offense.第十三条第6款
Article XVIII  Central Authorities如果仅仅因为被请求引渡人的国籍或者被请求国认为其拥有该罪行的管辖权而拒绝对本条适用的罪行进行引渡,除与请求国另有约定,否则被请求国应当为起诉之目的将案件提交给主管当局,并且适时向请求国报告最终结果。
1. For the purposes of international assistance and cooperation provided under this Convention, each State Party may designate a central authority or may rely upon such central authorities as are provided for in any relevant treaties or other agreements.第十三条第7款
2. The central authorities shall be responsible for making and receiving the requests for assistance and cooperation referred to in this Convention.  3. The central authorities shall communicate with each other directly for the  purposes of this Convention.根据本国法律和引渡条约的规定,被请求国在认为情况允许且紧急的情况下,可应请求国的请求拘押被请求引渡且身处该国境内的人员,或者采取其他适当措施确保此人参与引渡程序。
Article XIX  Temporal Application第十四条第1款
Subject to the constitutional principles and the domestic laws of each State and existing treaties between the States Parties, the fact that the alleged act of corruption was committed before this Convention entered into force shall not preclude procedural cooperation in criminal matters between the States Parties.  This provision shall in no case affect the principle of non-retroactivity in criminal law, nor shall application of this provision interrupt existing statutes of limitations relating to crimes committed prior to the date of the entry into force of this Convention.根据本国法律和适用条约,缔约国应受理按照本国法律规定有权调查或起诉本公约所述腐败行为的当局提出的请求,彼此提供最广泛的相互援助,取证并采取其他便于法律程序的必要行动以及关于调查或起诉腐败行为的措施。
Article XX  Other Agreements or Practices第十四条第2款
No provision of this Convention shall be construed as preventing the States Parties from engaging in mutual cooperation within the framework of other international agreements, bilateral or multilateral, currently in force or concluded in the future, or pursuant to any other applicable arrangement or practice.缔约国还应就预防、侦查、调查和惩治腐败行为的最有效方式方法彼此提供最为广泛的技术合作。为此目的,它们应通过主管单位和机构之间的协定和会面,促进双方交流经验;并应特别关注公民参与打击腐败的措施和程序。
Article XXI  Signature第十五条第1款
This Convention is open for signature by the Member States of the Organization of American States.根据适用的国内法和相关条约或者两个或两个以上缔约国之间可能生效的其他协定,缔约国应彼此提供最广泛的援助措施,用于侦查、追踪、冻结、扣押和没收在实施根据本公约确定的罪行的过程中获取、得到或使用的财产或所得。
Article XXII  Ratification第十五条第2款
This Convention is subject to ratification.   The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.缔约国执行本国或另一缔约国对本条第1款所述财产或所得做出的没收判决的,应依法处置该财产或所得。缔约国根据其法律允许的程度并按照其认为适当的条件,可向调查或起诉中予以援助的另一缔约国转移全部或部分此类财产或所得。
Article XXIII  Accession第十六条第1款
This Convention shall remain open for accession by any other State.  The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.被请求国不应以银行保密为由拒绝提供请求国寻求的援助。被请求国应根据其国内法、程序规定或者与请求国缔结的双边或多边协定适用本条规定。
Article XXIV  Reservations第十六条第2款
The States Parties may, at the time of adoption, signature, ratification, or accession, make reservations to this Convention, provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purpose of the Convention.除非经被请求国授权,否则除请求获得信息以进行诉讼的原因之外,请求国不得使用受银行保密规定保护的任何信息。
Article XXV  Entry Into Force第十八条第1款
This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification.  For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.为根据本公约提供的国际援助和合作之目的,各缔约国可以指定一个中央当局,或者依靠任何相关条约或其他协定规定的此类中央当局。
Article XXVI  Denunciation第十八条第2款
This Convention shall remain in force indefinitely, but any of the States Parties may denounce it.  The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States.  One year from the date of deposit of the instrument of denunciation, the Convention shall cease to be in force for the denouncing State, but shall remain in force for the other States Parties.中央当局应负责提出和接收本公约提到的援助和合作请求。
Article XXVII  Additional Protocols第十八条第3款
Any State Party may submit for the consideration of other States Parties meeting at a General Assembly of the Organization of American States draft additional protocols to this Convention to contribute to the attainment of the purposes set forth in Article II thereof.中央当局应为本公约之目的直接相互联系。
Each additional protocol shall establish the terms for its entry into force and shall apply only to those States that become Parties to it.7
Article XXVIII  Deposit of Original Instrument7
The original instrument of this Convention, the English, French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall forward an authenticated copy of its text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the United Nations Charter.  The General Secretariat of the Organization of American States shall notify its Member States and the States that have acceded to the Convention of signatures, of the deposit of instruments of ratification, accession, or denunciation, and of reservations, if any.V.09-89143 (C) GL 010210 010210