CELEX: 52009PC0618
Language: en
Date: 2009-11-06
Title: Proposal for a Council Decision establishing the position to be adopted on behalf of the Community concerning a mechanism for the review of implementation of the United Nations Convention against Corruption, to be adopted in the 3rd session of the Conference of the States Parties to the United Nations Convention against Corruption (Doha / Qatar, 9 – 13 November 2009)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 6.11.2009
                                                   COM(2009)618 final
                                             Annex to
                                          Proposal for a
                                      COUNCIL DECISION
establishing the position to be adopted on behalf of the Community concerning a mechanism for
    the review of implementation of the United Nations Convention against Corruption, to be
      adopted in the 3rd session of the Conference of the State Parties to the United Nations
              Convention against Corruption (Doha / Qatar, 9 – 13 November 2009)
                                   ENGLISH VERSION ONLY
 ---pagebreak---                                      United Nations CAC/COSP/WG.1/2008/7/Rev.2
  тш            Conference of the States Parties Distr.:26General
                to the United Nations                                                                                      May 2009
                Convention against Corruption Original: English
                                                                                                                    Draft in progress
                                                                                                                       as at 02 September 2009
Open-ended Intergovernmental Working Group
on Review of the Implementation of the United
Nations Convention against Corruption
Vienna, 25 August-2 September 2009
Item 2 of the provisional agenda*
Consideration of the draft terms of reference of the
mechanism for the review of implementation of the
United Nations Convention against Corruption
                Draft terms of reference of the mechanism for the review of
                implementation of the United Nations Convention against
                Corruption: rolling text**
                Working paper prepared by the Secretariat
Contents
                                                                                                                                                                      Page
            I. Definition [Introduction]
           II. [Guiding] principles and [characteristics] [purposes] .........................................................................                           3
          III.   Relationship of the Review Mechanism with the Conference of the States Parties ...........................                                              4
          IV.    Review Process ..................................................................................................................................       5
                 A.   Goals .........................................................................................................................................    5
                 B.   Conduct of the review ...............................................................................................................              5
                 C.   Outcome of the review process .................................................................................................                    9
                 D.   Follow-up procedures ................................................................................................................            11
                       CAC/COSP/WG.1/2009/4.
                       The present text reflects the progress achieved by the Open-ended Intergovernmental Working
                       Group on Review of the Implementation of the United Nations Convention against Corruption at its
                       meeting on 15-17 December 2008, in informal consultations held on 26 and 27 February 2009 and at
                       its meeting on 11-13 May 2009.
V.09-83809 (E) 080609 090609
*0983809*
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        V. Implementation Review Group ..........................................................................................................                    11
        VI. Secretariat ........................................................................................................................................... 13
       VII. Funding ............................................................................................................................................... 13
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      Preamble
            Pursuant to article 4, paragraph 1, of the United Nations Convention against
      Corruption1 which states that States parties shall carry out their obligations under the
      Convention in a manner consistent with the principles of sovereign equality and territorial
      integrity of States and non-intervention in the domestic affairs of other States, the
      Conference of the States Parties to the United Nations Convention against Corruption [is
      invited to endorse] [established] the following mechanism to review implementation of the
      Convention.
 I. Definition [Introduction]
      Option 1
            1. [The Review Mechanism for the Implementation of the United Nations
            Convention against Corruption (hereinafter “the Mechanism”) shall be composed of
            the review process and the Implementation Review Group.] [The review process
            shall be guided by the principles contained in sections II and III and be carried out in
            accordance with the provisions contained in section IV. The composition and
            functions of the Implementation Review Group are set out in section V. ]
      Option 2
            1. The Review Mechanism for the Implementation of the United Nations Convention
            against Corruption (hereinafter “the Mechanism”) includes a review process that
            shall be guided by the principles contained in sections II and III and be carried out in
            accordance with the provisions contained in section IV. The Mechanism also
            includes an Implementation Review Group as set out in section V. The Mechanism
            shall be supported by a secretariat as set out in section VI and be financed in
            accordance with section VII.
II. [Guiding] principles and [characteristics] [purposes]
      2.   The Mechanism shall:
            (a)    Be transparent, efficient, non-intrusive, inclusive and impartial;
            (b)    Not produce any form of ranking;
            (c)    Provide opportunities to share good practices and challenges;
            (d)    Assist States parties in the effective implementation of the Convention;
            (e)    Take into account a balanced geographical approach;
            (f) Be non-adversarial and non-punitive and shall promote universal adherence to
      the Convention;
            (g) Base its work on clear, established guidelines for the compilation, production
      and dissemination of information, including addressing issues of
    1         United Nations, Treaty Series, vol. 2349, No. 42146.
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             confidentiality and the submission of the outcome to the Conference, which is the
             competent body to take action on such outcome;
                    (h) Identify, at the earliest stage possible, difficulties encountered by States parties in
             the fulfilment of their obligations under the Convention and good practices adopted in
             efforts by States parties to implement the Convention;
                    (i) Be of a technical nature and promote constructive collaboration, inter alia, in
             preventive measures, asset recovery and international cooperation;
                    (j) Complement existing international and regional review mechanisms in order that
             the Conference may, as appropriate, cooperate with those mechanisms and avoid
             duplication of effort.
             3.     The Mechanism shall be an intergovernmental process.
             4.     In conformity with article 4 of the Convention, the Mechanism shall not serve as an
             instrument for interfering in the domestic affairs of States parties but shall respect the
             principles of equality and sovereignty of States parties, and the review process shall be
             conducted in a non-political and non-selective manner.
             5.     The Mechanism shall promote the implementation of the Convention by States
             parties, as well as cooperation among States parties.
             Option 1
                    6. The Mechanism shall [promote [transparency and] participation and] provide
                    opportunities [[for [intergovernmental] experts2] [for the States parties involved] [for
                    States parties and experts involved]] to meet and exchange views and ideas, [thus
                    contributing to strengthening cooperation among States parties in preventing and
                    fighting corruption.]
             Option 2
                    6. The Mechanism shall promote the principles set out in paragraph 2 and shall
                    provide opportunities to exchange views, ideas and best practices, thus contributing
                    to strengthening cooperation among States parties in preventing and fighting
                    corruption.
             7.     The Mechanism shall take into account the levels of development of States parties,
             as well as diversities in judicial, legal, political, economic and social systems and
             differences in legal traditions.
             8.     The review of implementation of the Convention is an ongoing and gradual process.
             Consequently, the Mechanism shall endeavour to adopt a progressive and comprehensive
             approach.
      III. Relationship of the Review Mechanism with the Conference
             of the States Parties
             9.     The review of implementation of the Convention and the Mechanism shall be
             under the authority of the Conference in accordance with article 63 of the
             Convention.
           2
             This concept may require further clarification.
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    10. The Conference shall be responsible for establishing policies and priorities
    related to the review process, [as well as processes for approval of reports
    emanating from the review process] [and be responsible for considering the [outputs
    of the review process] [review of implementation reports]]. [Following the
    completion of each review cycle,] the Conference will assess the performance of the
    Mechanism and its terms of reference.
IV. Review process
 A. Goals
    11. Consistent with UNCAC particularly article 63, the purpose of the review
    process shall be to assist States Parties in their implementation of UNCAC. In this
    regard, the review process shall inter alia:
           (a)   To promote the purposes of UNCAC as set-out in its article 1;
           (b) To promote [and review] the implementation of the Convention including
    international cooperation by States parties;
           (b bis) To provide the CoSP with the information on the measures taken by States
    Parties in implementing UNCAC and the difficulties encountered by them in doing so;
           (c) To help States parties to identify and substantiate specific needs for technical
    assistance and to promote and facilitate the provision of technical assistance;
           (d) To promote and facilitate international cooperation in the prevention of and the
    fight against corruption, including in the area of asset recovery;
           (e) To identify successes and challenges of States parties in implementing and
    using the Convention;
           Or (e) To provide the CoSP with information on successes and challenges of States
    parties in implementing and using the Convention;
           (f) To promote and facilitate the exchange of information, practices and
    experiences gained in the implementation of the Convention.
 B. Conduct of the review
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             12. The Mechanism shall be applicable to all States parties. It shall gradually cover the
             implementation of the entire Convention. [The review mechanism shall be open to
             participation of signatory states on a voluntary basis].[Signatory states can participate as a
             reviewed state in the review mechanism on a voluntary basis and shall bear the costs
             associated with such participation.] The phases and cycles of the review process, as well as
             the scope, thematic sequence and details of such review, shall be established by the
             Conference.3 The Conference shall also determine the duration of each review cycle and
             decide on the number of States parties that shall participate in each year of the review
             cycle.
             13. The review of all States that are parties at the start of a review cycle should be
             completed before a new review cycle begins. In exceptional cases, the Conference may
             decide to launch a new review cycle before the completion of all reviews of the previous
             cycle. No State party shall undergo a review twice in the same review cycle, without
             prejudice to the right of a State party to provide new information.
             13 bis: Insert a definition of review cycle: [The countries that are undergoing a review
             cycle will be divided over multiple years/ three years] (Or) [The length of the review cycle
             will be determined taking into account the number of States Parties to be reviewed as well
             as the scope applicable in the cycle.]
             14. The selection of States parties participating in the review process in a given year of a
             review cycle shall be carried out by the drawing of lots within regional groups of the
             United Nations at the beginning of each review cycle. The readiness and ability of each
             State party to participate in the review process in a given year shall be taken into account.
             A State party selected for review in a given year may defer participation to the following
             year of the review cycle [once/twice] [in exceptional circumstances]. The number of States
             parties from each regional group participating in the review process in a given year shall
             be proportionate to the size of that regional group and the number of its members that are
             States parties to the Convention.
             15. Each State party shall provide to the secretariat the information required by the
             Conference on its compliance with and implementation of the Convention, using the self-
             assessment checklist developed by the secretariat and endorsed by the Conference as an
             initial step for that purpose. States parties shall provide complete, up-to-date, accurate and
             timely responses.
             16. Assistance in the preparation of the responses to the checklist shall be provided by
             the secretariat to States parties requesting such assistance.
             17. Each State party shall appoint focal points to coordinate that State party’s
             participation in its review. Each State party shall endeavour to appoint focal points who
             possess the required substantive expertise on the provisions of the Convention under
             review.
           3          Proposals related to these matters are contained in the note by the Secretariat on the draft elements for the
                      terms of reference of a mechanism for reviewing the implementation of the United Nations Convention against
                      Corruption (CAC/COSP/WG.1/2008/6, paras. 69-84). The secretariat believes that such matters may be more
                      appropriately addressed in the resolution by which the Conference will establish the Mechanism and adopt its
                      terms of reference. Their inclusion in the terms of reference was not considered appropriate because it would
                      entail including a level of detail that would require periodic revisions of the terms of reference.
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[(i): The country review]
Option 1
18. Each State party shall be reviewed by two other States parties. The review process
shall actively involve the State Party under review. The composition of the review team
shall be [subject to the consent of the State Party under review] / [determined through
consultations with the State Party under review].
18 bis One of the two reviewing States parties shall if possible be from a legal system
similar to that of the State party under review, and from the same [geographical] region as
the State party under review. The selection of the reviewing States parties shall be carried
out by the drawing of lots at the beginning of each cycle on the understanding that States
parties shall not undertake mutual reviews. The State party under review may request, a
maximum of two times, that the drawing of lots be repeated.
18 ter A State party under review may defer serving as a reviewing State party in the same
year. Mutatis mutandis the same shall apply for the reviewing State party. Within a review
cycle each State party must have undergone its own review and performed a minimum of
one and maximum of three reviews.
18 quater: Each State Party shall appoint governmental experts for the purpose of the
review process. [The Secretariat shall compile and circulate a list of such governmental
experts, which will include information on their expertise and qualifications.] [The
Secretariat shall request States Parties to submit to it the names and information on
expertise and qualifications of such experts. The Secretariat shall compile and make
available on request the information received at the beginning of each review cycle.] States
parties shall endeavour to keep the list up-to-date.
18 quinquies: The review team shall be composed of governmental experts from the
reviewing States Parties, [shall actively involve] the reviewed State Party and shall be
supported by the secretariat.
Option 2
       18. The secretariat shall conduct the reviews.
Option 1
        19. The review team shall carry out, in accordance with the uniform guidelines, a
        desk review of the self-assessment checklist response of the State party under
        review. [Such desk review shall entail a [preliminary] analysis of the response
        focused on measures taken to implement the Convention, and successes in and
        challenges of such implementation.]
Option 2
         19. The secretariat shall carry out a desk review of the checklist response of the
         State party under review. Such desk review shall entail a [preliminary] analysis of
         the response focused on the identification of normative gaps, as well as technical
         assistance and capacity-building needs.
Option 1
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                       20. In accordance with the guiding principles and in conformity with the uniform
                       guidelines, the review team, supported by the secretariat, may request the State
                       Party under review to provide clarifications or additional information or address
                       supplementary questions related to the review. The ensuing constructive dialogue
                       may be carried out by, inter alia, way of conference calls, video-conferences or
                       email exchanges, as appropriate.
             Option 2
                       20. In accordance with the guiding principles, the Secretariat may, where
                       necessary and appropriate, enter into a constructive dialogue with the focal points
                       of the State party under review, inter alia, by way of conference calls,
                       videoconferences and e-mail exchanges, as required, and request the State party
                       under review to provide, in a timely manner, clarifications or additional
                       information or address supplementary questions related to the review.
             Option 1
                    21.          The schedule and requirements of each review shall be established
                    by the secretariat in consultation with the review team and the State Party under
                    review and shall address all issues relevant to the review.
             Option 2
                    21. The schedule for each review shall be established by the secretariat in
                    consultation with the focal points of the State party under review and shall allocate
                    sufficient time and capacity to address all issues relevant to the review. Consistent
                    with paragraph 12, reviews should ideally be designed to take no longer than six
                    months.
             23. Reviews shall be conducted using a set of uniform guidelines to be developed
             by the secretariat in consultation with States parties [and endorsed by the
             Conference].
             23 bis. The report shall be prepared based on a blueprint to be developed by the secretariat
             in consultation with the States parties [and endorsed by the Conference] to ensure
             consistency.
             24.    The desk review shall lead to the elaboration of a [draft] country report.
             Option 1
                    25. If [agreed] / [requested] by the State party under review, the review team, in
                    consultation with the secretariat, may decide, on the basis of the draft report, to
                    complement the desk review with further means of direct dialogue such as a country
                    visit using a set of uniform guidelines.
             Option 2
                   25. If agreed by the State party under review, the secretariat may decide, on the basis
                   of the draft report, to complement the desk review with further means of direct
                   dialogue [such as a country visit using a set of uniform guidelines].
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  Option 3
        Delete paragraph 25.
  Option 4:
        25. The review team, in consultation with the secretariat shall complement, on the
        basis of the draft report, the desk review with further means of direct dialogue such
        as a country visit using a set of uniform guidelines.
  Option 1
  26.   The desk review shall be carried out as follows:
        (a) In the conduct of the desk review, in addition to the information provided
  through the self-assessment checklist and any supplementary information provided by the
  State party under review, information available from other existing anticorruption review
  mechanisms in which the State party under review participates may be considered.
        (b) [The use of information from other sources shall be subject to the agreement of
  the State party under review.] [In addition, the States parties may engage in a dialogue on
  the use of information from other sources.]
  Option 2
  26. The desk review shall be carried out as follows:
        (a) The desk review shall be based on the self-assessment checklist and any
  supplementary information provided by the State Party under review.
        (b) Where the state party under review is a member of an organization and/or a
  mechanism below, the review team may consider information relevant to the
  implementation of the UNCAC produced by:
          (i) competent international organizations, whose mandates cover
                 anticorruption issues; and (ii) international and regional mechanisms for combating and
          preventing corruption.
  27. [The use of and weight given to additional information considered pursuant to
  paragraph 26 (b) above shall be subject to [the consent of the State party under
  review] [the provision to the State party under review of the opportunity to
  respond].]4
  Option 1
        28. The members of the review team and the secretariat shall ensure that all
        information obtained in the course of the review process is used only for the
        purposes of the review process.
  Option 2
        28. The secretariat shall ensure that all information obtained in the course of the
        review process is used only in pursuance of the principal goals of the review process
        as identified in paragraph 11.
4         Retention of this paragraph is contingent on the decision of the wording of paragraph 26 (b).
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            Option 1
                  29. Any information obtained in the course of the review process shall be kept
                  confidential. However, the review team and the secretariat may disclose some
                  information when necessary if the State Party under review gives its prior consent.
            Option 2
                   29. The secretariat shall not disclose any information obtained in the course of, or
            used in, the review process [unless the State party under review gives its prior consent].
            Option 1
                   30. [The State Party under review shall ensure the presentation of the views of civil
                   society and the private sector in the preparation of its country report.]
            Option 2
                   30. (Proposal to move paragraph 30 to section V (“Implementation Review
                   Group”).)
            Option 1
                   31. The costs associated with the participation of experts [from developing
                   countries] in the review shall be borne by the Mechanism in accordance with
                   paragraph 47 below.5
            Option 2
                   31. The costs associated with the participation of experts from [the State party under
                   review] [from a State party under review that is a developing country] in meetings of
                   the Implementation Review Group shall be borne by the Mechanism in accordance
                   with paragraph 47 below.6
            32. The secretariat shall organize periodic training courses for experts who participate in
            the review process, in order to familiarize them with the uniform guidelines and increase
            their capacity to participate in the review process.
       C. [ii] Outcome of the [country] review process
            33. The review team shall in accordance with the uniform guidelines and the blueprint
            prepare a country review report in close cooperation and coordination with the State party
            under review and assisted by the Secretariat. The report shall identify successes, good
            practices and challenges and make observations for the implementation of the Convention.
            Where appropriate the report shall include identification of technical assistance needs for
            the purposes of improving implementation of the convention.
          5          Discussions on funding will be related to chapter VII
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33 bis The country review report shall be finalized upon agreement between the review
team and the State party under review.
[33 ter. [To complement individual country review reports,] [Consistent with paragraph 33
above,] the secretariat shall compile the most common and relevant observations,
conclusions and recommendations contained in the country reports and include them
thematically in an [annual] [periodic] implementation report and five regional
supplementary addenda for submission to the [open-ended] [intergovernmental]
implementation review group, [taking into account that the State party under review shall
be the addressee of the country report and the confidential nature of the country report.] [In
consultation with the State party concerned, the supplementary addenda may include, only
for information or reference purposes, the complete country report.]]
Option 1
       34. The [draft] country review [[review outcome] [summary] [aggregate]] reports
       shall be submitted to the [Implementation Review Group] for its consideration [and
       approval]. The [Implementation Review Group] shall submit to the Conference
       [summary reports] [the approved reports] focusing on achievements and gaps in
       implementation as well as on ways and means to address such gaps and technical
       assistance requirements for that purpose.
Option 2
       34. The review outcome reports shall be submitted to the Conference for its
       consideration. Only the Conference shall be competent to approve and issue
       implementation review reports.
Option 3
       34. (This text would replace paragraphs 34-36; there is a proposal to insert this
       paragraph following paragraph 38.) The [open-ended] [intergovernmental]
       Implementation Review Group shall submit [analytical reports with] [its]
       recommendations and conclusions to the Conference for its consideration, focusing
       on the achievements and gaps in the implementation of the Convention, [as well as
       on ways and means to address such gaps and the technical assistance requirements
       for that purpose].
[35. (Insert this paragraph after paragraph 33.) The country review reports shall be made
public [in all UN official languages] [unless the State party under review opposes such
action] [on the condition that the State party under review agrees]. [The State party under
review shall determine the means by which the country review report will be made public].
35bis [Only] the [approved] summary report [of the Implementation Review Group] shall
be made public as an official document of the Conference.] The secretariat shall compile
the observations and conclusions contained in the country report and include them
thematically in a review of implementation report that shall be made available as an
official document of the Conference.
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       D. [iii] Follow-up procedures
             Option 1
                    36. (Proposed replacement for paragraphs 36-38.) States parties shall, in the
                    following reporting cycle, submit information on the progress achieved in the
                    implementation of the observations and recommendations addressing gaps in the
                    implementation of the Convention that were identified in the previous reporting
                    cycle, and report on whether the technical assistance needs identified in the previous
                    reporting cycle have been met.
             Option 2
                    36. [The States parties shall design] [The Mechanism shall contain] follow-up
                    procedures for each [of the reports referred to in paragraphs […]] [approved
                    [outcome] [summary] [aggregate] report] [an implementation action plan].
             Option 1
                    37. States parties [shall] [may] submit periodic reports on the progress achieved in
                    the implementation of their action plans addressing gaps in the implementation of
                    the Convention, submitting the first periodic progress report two years or less after
                    the completion of the review, at the request of the reviewed State party. Each report
                    shall be reviewed by the review team, which shall make recommendations to the
                    Implementation Review Group.
             Option 2
                    37. States parties shall report, at their subsequent implementation reviews, on the
                    progress achieved in the implementation of their action plans addressing gaps in the
                    implementation of the Convention.
             38. The follow-up procedure of the Mechanism shall be [designed to further the goals set
             out in paragraph 11 above. The procedure may include reviewing] [used to review]
             whether the technical assistance priorities identified in the outcome reports have received
             adequate attention from the international cooperation community.]
                    [(New options to replace paras 36 – 38)
                    Option 1
                    36. The [conference][implementation review group] shall determine procedures and
                    requirements for providing appropriate follow-up to conclusions and observations
                    emerging from the review process including in connection with [[the provision of]
                    technical assistance identified in the review process.] [promoting and facilitating
                    technical assistance].
                    Option 2
                    36. Each States party shall, in the following review cycle, submit [to the
                    secretariat][in addition to its responses to the self assessment checklist] [to the
                    review mechanism/ review team/Implementation Review Group], information on
                    progress achieved in connection with the observations contained in its country
                    review report. As appropriate, States parties shall also provide
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           information on [the status of][whether] technical assistance needs identified in the
           respective country review reports [have been met].
           36 bis. Each States party shall prepare and submit to the secretariat a country
           progress report in connection with the observations contained in the country review
           report. This report shall be made public subject to the conformity with the state
           party.
 V. [B] Implementation Review Group
     39. The Implementation Review Group shall operate under the authority of, and report to,
     the Conference. The rules of procedure of the Conference shall apply, mutatis mutandis, to
     the Implementation Review Group.
     39 bis. The functions of the Implementation Review Group shall be to assist the
     Conference in analysing the results of the [country review reports] [implementation report]
     with a view to identifying and recommending priorities and initiatives for enhancing the
     implementation of the Convention.
     Option 1
           40. (a) The Implementation Review Group shall be composed of [40] [60]
                  [governmental] experts appointed by States parties on the basis of equitable
                  geographical distribution. Each regional group shall be allotted a position on
                  the Implementation Review Group [in proportion to its number of members
                  and the number of States parties in the regional group].
                  (b) [The members of the Implementation Review Group shall be elected by the
                  Conference for [two-] [three-] [four-] year terms (for a maximum of two
                  terms). The Conference shall establish an appropriate rotation of the members
                  of the Implementation Review Group to ensure that all States parties have an
                  equal standing in the Mechanism.]
     Option 2 (To replace paragraphs 39, 40 (a) and (b))
           40. The Implementation Review Group shall be an open-ended intergovernmental
           group of States parties. It shall operate under the authority of and report to the
           Conference. The rules of procedure of the Conference shall apply, mutatis mutandis,
           to the Implementation Review Group.
     42. The Implementation Review Group shall hold meetings at least once a year in
     Vienna.
     42.bis It shall [consider review outcome reports received from […] and prepare] and
     submit [summary] [thematic] [aggregate] reports on the review of implementation to the
     Conference for its consideration and action.
VI. [V] Secretariat
     43. The secretariat of the Conference shall be the secretariat of the Mechanism and
     shall perform all tasks required for the efficient functioning of the Mechanism,
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             including providing technical and substantive support, upon request, to States parties in the
             course of the functioning of the Mechanism.
             [Chapter V[I] bis Languages]
             [46 bis. The review process [shall][can] be conducted in [all] [any of the] UN official
             languages [as required] [if the language used by experts engaged in the review process
             makes it necessary.]]
     VII. Funding
             Option 1
                    47. The requirements of the Mechanism and its secretariat shall be funded from the
                    regular budget of the United Nations.
             Option 2
                    47. The requirements of the Mechanism and its secretariat shall be funded by the
                    [States parties] [States signatories] through assessed contributions to be determined
                    on the basis of the United Nations scale of assessment.
             Option 3
                    47. The requirements of the Mechanism and its secretariat shall be funded through
                    voluntary contributions by [States parties] [Member States], which shall be free of
                    conditions and influence.
             [48. Adequate financial and human resources must be provided to the secretariat to enable
             it to perform the functions assigned to it in the terms of reference.]
             [49. The Conference shall determine the methods for financing the Mechanism. In doing
             so, the Conference shall ensure that the funding of the Mechanism enables its efficient,
             continued and impartial functioning.]
             [50. The secretariat shall be responsible for preparing a [biennial] annual proposed budget
             for the activities of the Mechanism. [The Conference shall be responsible for reviewing
             and approving this proposed budget.] [The Implementation Review Group shall be
             responsible for reviewing and approving this proposed budget.]]
14