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15 | II Série A - Número: 005S1 | 19 de Setembro de 2014

ADDITIONAL PROTOCOL TO THE CRIMINALLAW CONVENTION ON CORRUPTION

The member States of the Council of Europe and the other States signatory hereto, Considering that it is desirable to supplement the Criminal Law Convention on Corruption (ETS No. 173, hereafter “the Convention”) in order to prevent and fight against corruption; Considering also that the present Protocol will allow the broader implementation of the 1996 Programme of Action against Corruption, Have agreed as follows:

Chapter I – Use of terms

Article 1 – Use of terms For the purpose of this Protocol: 1 The term “arbitrator” shall be understood by reference to the national law of the States Parties to this Protocol, but shall in any case include a person who by virtue of an arbitration agreement is called upon to render a legally binding decision in a dispute submitted to him/her by the parties to the agreement. 2 The term “arbitration agreement” means an agreement recognised by the national law whereby the parties agree to submit a dispute for a decision by an arbitrator. 3 The term “juror” shall be understood by reference to the national law of the States Parties to this Protocol but shall in any case include a lay person acting as a member of a collegial body which has the responsibility of deciding on the guilt of an accused person in the framework of a trial. 4 In the case of proceedings involving a foreign arbitrator or juror, the prosecuting State may apply the definition of arbitrator or juror only in so far as that definition is compatible with its national law. Chapter II – Measures to be taken at national level

Article 2 – Active bribery of domestic arbitrators Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any undue advantage to an arbitrator exercising his/her functions under the national law on arbitration of the Party, for himself or herself or for anyone else, for him or for her to act or refrain from acting in the exercise of his or her functions.

Article 3 – Passive bribery of domestic arbitrators Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the request or receipt by an arbitrator exercising his/her functions under the national law on arbitration of the Party, directly or indirectly, of any undue advantage for himself or herself or for anyone else, or the acceptance of an offer or promise of such an advantage, to act or refrain from acting in the exercise of his or her functions. Article 4 – Bribery of foreign arbitrators Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3, when involving an arbitrator exercising his/her functions under the national law on arbitration of any other State.

Article 5 – Bribery of domestic jurors Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in Articles 2 and 3, when involving any person acting as a juror within its judicial system.