Document ID: chunk:federal_register_of_legislation:F2009C01026:body:0:p3
Version: federal_register_of_legislation:F2009C01026
Segment Type: other
Provision Reference: 
Character Range: 5555–8495

Union Convention on Preventing and Combating Corruption, adopted by the Heads of State and Government of the African Union on 12 July 2003,

 Welcoming the entry into force on 29 September 2003 of the United Nations Convention against Transnational Organized Crime,

 Have agreed as follows:

Chapter I
General provisions

Article 1
Statement of purpose

 The purposes of this Convention are:

 (a) To promote and strengthen measures to prevent and combat corruption more efficiently and effectively;

 (b) To promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery;

 (c) To promote integrity, accountability and proper management of public affairs and public property.

Article 2
Use of terms

 For the purposes of this Convention:

 (a) "Public official" shall mean: (i) any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person's seniority; (ii) any other person who performs a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party; (iii) any other person defined as a "public official" in the domestic law of a State Party. However, for the purpose of some specific measures contained in chapter II of this Convention, "public official" may mean any person who performs a public function or provides a public service as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party;

 (b) "Foreign public official" shall mean any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public agency or public enterprise;

 (c) "Official of a public international organization" shall mean an international civil servant or any person who is authorized by such an organization to act on behalf of that organization;

 (d) "Property" shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;

 (e) "Proceeds of crime" shall mean any property derived from or obtained, directly or indirectly, through the commission of an offence;

 (f) "Freezing" or "seizure" shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority;

 (g) "Confiscation", which includes forfeiture where applicable, shall mean the permanent