Conventions overview
Council of Europe (Civil convention)

Adopted: 4 November 1999
Signatories: 40 (as of 7 April 2006) including one non-member state (Belarus).
Ratifications and Accessions: 25 (as of 7 April 2006).
Entry into force: 1 November 2003
Open to: Council of Europe member states;non-member states which took part in drawing it up; other non-member states by invitation; and the European Community.
Official web page: Council of Europe Civil Law Convention on Corruption (CoE Civil Convention)

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The Council of Europe Civil Law Convention on Corruption was adopted in Strasbourg on 4 November 1999. It is the first attempt to define common international rules in the field of civil law and corruption. In particular, it provides for compensation for damages as a result of acts of corruption.
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General structure

Three chapters, 23 articles:

Chapter 1 (Measures to be taken at national level)
Arts 1, 2: Purpose, Definition of Corruption
Arts 3, 4, 5, 6, 8, 11, 12: Compensation for Damage, Liability, State Responsibility, Contributory Negligence, Validity of Contracts, Acquisition of Evidence, Interim Measures
Art 7: Limitation Periods
Art 9: Protection of Employees
Art 10: Accounts and Audits

Chapter 2 (International co-operation and monitoring of implementation)
Art 13: International co-operation
Art 14: Monitoring

Chapter 3 (final clauses)
Arts 15, 16, 17, 18, 19, 20, 21, 22, 23: Signature and Entry into Force, Accession to the Convention, Reservations, Territorial Application, Relationship to other Instruments and Agreements, Amendments, Settlement of Disputes, Denunciation, Notification

Coverage

Sectors covered: Public sector and private sector (private-to-private) corruption
Corruption offences covered: A broad definition is given covering the "requesting, offering, giving or accepting of a bribe or any other undue advantage or the prospect thereof", which gives the Convention a relatively wide scope
Measures: Civil law remedies for injured persons, compensation for damage from corruption; invalidity of corrupt contracts (null and void); whistleblower protection.
Level of obligation: Mandatory provisions. No reservation may be made in respect of any provision of the Convention.

Monitoring arrangements

A monitoring mechanism (GRECO) is provided for in Art.14. The GRECO began functioning in May, 1999. It was established as a monitoring mechanism pursuant to the Partial and Enlarged Agreement Establishing the "Group of States Against Corruption-GRECO," adopted by the Council of Europe's Committee of Ministers on 5 May, 1998. Its aim is to monitor through a process of mutual evaluation and peer pressure the compliance of States with their undertakings in the field of corruption. Among these undertakings are the CoE Criminal and Civil Law Conventions. As of 6 July, 2004, 38 states including the United States had joined. Membership in the GRECO overlaps, but is not identical to, membership in the CoE Convention. Although a State Party automatically joins the GRECO when it ratifies the CoE Convention, the reverse is not true; a State Party may choose to participate only in the GRECO, but not accede to the CoE Convention.

Main benefits of the Convention

• Provides for civil remedies for persons who have suffered damage as a result of acts of corruption, including compensation for a broad range of damages (Art. 3)
  
• Requires that the State or appropriate authority is liable to compensate for the corrupt act of a public official (Art. 5)
  
• Establishes minimum limitations periods for bringing a case (Art. 7)
  
• Requires contracts providing for corruption to be held void and enables parties to apply for contract to be voided where consent undermined by corruption (Art. 8)
  
• Requires whistleblower protection of employees (Art. 9)
  
• Requires measures ensuring accounts present true and fair view of the company's financial position and that auditors be required to confirm this (Art. 10)
  
• Requires effective procedures for acquisition of evidence in civil cases (Art. 11)
  
• Provides for international cooperation by contracting parties in civil cases of corruption, including in obtaining evidence abroad, jurisdiction, recognition and enforcement of foreign judgements. (Art. 13)
  
• Provides for monitoring system (Art. 14)
  
• No reservation may be made in respect of any provision in the Convention. (Art. 17)

Main weakness

• No restriction on the use of banking secrecy