Takes note with appreciation of the report of the Intergovernmental Open-Ended Expert Group to Prepare Draft Terms of Reference for the Negotiation of an International Legal Instrument against Corruption which met in Vienna from 30 July to 3 August 2001,32 as endorsed by the Commission on Crime Prevention and Criminal Justice at its resumed tenth session and by the Economic and Social Council;
Decides that the Ad Hoc Committee for the Negotiation of a Convention against Corruption, established pursuant to General Assembly resolution 55/61, shall negotiate a broad and effective convention which, subject to the final determination of its title, shall be referred to as the “United Nations Convention against Corruption”;
3
Requeststhe Ad Hoc Committee, in developing the draft convention, to adopt a comprehensive and multidisciplinary approach and to consider, inter alia, the following indicative elements: definitions; scope; protection of sovereignty; preventive measures; criminalization; sanctions and remedies; confiscation and seizure; jurisdiction; liability of legal persons; protection of witnesses and victims; promoting and strengthening international cooperation; preventing and combating the transfer of funds of illicit origin derived from acts of corruption, including the laundering of funds, and returning such funds; technical assistance; collection, exchange and analysis of information; and mechanisms for monitoring implementation;
4
Invitesthe Ad Hoc Committee to draw on the report of the Intergovernmental Open-Ended Expert Group, on the report of the Secretary-General,1 as well as on the relevant parts of the report of the Commission on Crime Prevention and Criminal Justice on its tenth session,43 and in particular on paragraph 1 of Economic and Social Council resolution 2001/13, as resource materials in the accomplishment of its tasks;
43 Official Records of the Economic and Social Council, 2001, Supplement No. 10 (E/2001/30/Rev.1).
5
Requeststhe Ad Hoc Committee to take into consideration existing international legal instruments against corruption and, whenever relevant, the United Nations Convention against Transnational Organized Crime;54
Decides that the Ad Hoc Committee shall be convened in Vienna in 2002 and 2003, as required, and shall hold no fewer than three sessions of two weeks each per year, within the overall approved appropriations of the programme budget for the biennium 2002–2003, according to a schedule to be drawn up by its bureau, and requests the Committee to complete its work by the end of 2003;
7
Also decides that the bureau of the Ad Hoc Committee shall be elected by the Committee itself and shall consist of two representatives from each of the five regional groups;
8
Invitesdonor countries to assist the United Nations in ensuring the full and effective participation of developing countries, in particular least developed countries, in the work of the Ad Hoc Committee, including by covering travel and local expenses;
9
UrgesStates to be fully involved in the negotiation of the convention and to endeavour to ensure continuity in their representation;
10
Invitesthe Ad Hoc Committee to take into consideration the contributions of non-governmental organizations and civil society, in accordance with United Nations rules and following the practice established by the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime;
11
Accepts with gratitude the offer of the Government of Argentina to host an informal preparatory meeting of the Ad Hoc Committee prior to its first session;
12
Requeststhe Ad Hoc Committee to submit progress reports on its work to the Commission on Crime Prevention and Criminal Justice at its eleventh and twelfth sessions, in 2002 and 2003, respectively;
13
Requeststhe Secretary-General to provide the Ad Hoc Committee with the necessary facilities and resources to support its work.
